Philadelphia Passenger Injury Attorney

Being the passenger in a car accident can be a traumatic and life-changing event, involving injury, pain, and fear. If you were a passenger who was recently involved in an accident, you know you weren’t at fault – but who was? And what are your options moving forward?

At Ciccarelli Law Offices, our team of Philadelphia car accident lawyers understands how difficult and stressful a passenger accident case can be. There are many questions to ask and decisions to be made on your behalf. Our legal team of auto accident experts has served individuals in Pennsylvania for years, in the counties of Chester, Bucks, Delaware, Lancaster, and Philadelphia.

Legal Rights of A Passenger In An Accident 

If you have been a passenger in a vehicle accident in Philadelphia, you certainly have rights. If you sustained injuries or property damage as a result of the incident, these rights include seeking compensation from the at-fault party.

Just like any driver involved in an accident, we encourage passengers to use their phones or some other type of recording device to take photographs or videos of the entire area right after the crash occurs. As a passenger, it may seem like the process is not as friendly to you as it is to the drivers involved, but you need to stand up for your rights as well. Gathering as much evidence as possible can help when it comes time to make a claim against the at-fault party.

Common Passenger Accident Injuries 

Just like with drivers involved in vehicle accidents, passengers in a vehicle can sustain a wide variety of injuries as a result of the incident. Passengers can be harmed due to the sheer force of the impact, as well as impacts with the dashboard, windows, metal frame, and other objects in the vehicle. Some of the most common passenger accident injuries include the following:

• Neck and back injuries. The upper back and neck often get whipped around during a vehicle accident, which is why one of the most common types of injuries for passengers is whiplash. These incidents can affect the ligaments, muscles, and tendons in the upper back and neck area.
• Brain and head injuries. Traumatic brain injuries can occur due to the force of the incident jostling the brain around in the skull, as well as direct impacts with objects in the vehicle, such as the dashboard or window.
• Facial injuries. Facial injuries can occur as a result of blunt force trauma or lacerations caused by impacts with fixed or moving objects in the vehicle.
• Soft tissue injuries. Soft tissue injuries include contusions, sprains, strains, and tears. These types of injuries can lead to lingering pain and discomfort for individuals.
• Spinal cord injuries. Any type of incident that directly impacts the spinal cord could lead to complete or partial paralysis from the site of the injury downward.

Broken or dislocated bones. The force of an impact could lead to a passenger sustaining broken or dislocated bones, often of the arms or legs.

What to Do If You’re a Passenger in an Accident In Philadelphia

The first step you should take in passenger accident cases is determining fault. This alone can be a complicated and lengthy process, because it may be unclear who was in the wrong or what party is to blame. To determine fault, insurance companies will launch an investigation into the accident and review police reports, gather statements from involved parties, and talk to witnesses who observed the accident. Once fault has been determined, passengers are able to file a third-party claim against the at-fault driver and receive financial compensation for injuries, medical costs, and lost wages, and suffering incurred by the accident.

If you’re related to the at-fault driver, however, special rules apply – the insurance policy may not cover you, since an insured driver cannot usually file a liability claim against his or her own coverage. Speak to an accident lawyer if this is the case to learn about your claim options.

If the driver of the vehicle you weren’t in is at fault, you can pursue a claim against their insurance coverage in much the same manner. If both parties are equally at fault or both are at fault in some capacity, you have the right to receive compensation from both drivers for the accident – but the maximum value will be no more than the total value of the claim.

How to File a Philadelphia Passenger Accident Claim

It is your responsibility, as a passenger, to file a claim as quickly as possible after an accident. Call the police immediately to document the accident and make official notes about the situation. Next, call your insurance company to begin an investigation and start the process of determining fault. Then, you should call a lawyer to make sure you’re receiving the total amount of compensation for your injuries, lost wages, and suffering.

There are a few avenues open to get compensation for your medical bills and other losses. You can make a claim for medical payments (med pay) in the event that an insurance claim takes too long to process. Med pay covers your immediate medical bills up to about $10,000 and is not contingent on determining who was at fault – making payout much faster than insurance claims.

Types Of Insurance Coverage For Injured Passengers

The types of insurance coverage that could help pay for a passenger’s injuries after an accident will vary depending on the insurance policy, or lack thereof, of the injury victim. Pennsylvania is a choice no-fault insurance state, which means drivers have the ability to opt in for a no-fault insurance policy or a tort-based insurance policy. This can affect how passengers recover compensation after an accident.

If the passenger has no fault or limited tort liability insurance, then they will likely turn to their own insurance carrier to recover compensation for their medical bills and lost wages arising due to the incident. However, this option does limit the individual’s ability to recover compensation for other damages, including pain and suffering.

If a passenger has full tort insurance, also known as fault-based insurance, then they will have the ability to file a claim against the alleged negligent party to recover all damages, including economic losses as well as non-economic pain and suffering damages.

In the event the at-fault driver does not have any insurance, a passenger can still turn to their no-fault insurance if they have it or uninsured motorist coverage, if they carry this type of coverage. Additionally, if the driver that caused the incident only has the minimum policy limit required by law, the passenger could use their own underinsured motorist coverage to recover additional compensation if it is needed.

In the event an injured passenger does not have their own insurance policy, or if they do not fall under an insurance policy of someone they live with, then their compensation recovery will fall to the insurance of the driver of the vehicle they were in.

Untangling insurance recovery for passengers involved in an accident is complex. We strongly encourage you to reach out to a skilled passenger accident lawyer in Philadelphia who can walk you through this process and protect your rights every step of the way. Just because these claims are complicated does not mean you deserve less compensation.

Comparative Negligence In A Passenger Accident Claim 

There may be shared fault for an accident, which can complicate the process of recovering compensation, particularly if there is no personal injury protection coverage to use. Pennsylvania uses a “modified comparative negligence” system when it comes to analyzing shared fault. In this state, individuals can recover compensation if they are partially at fault for an incident, so long as they are not 51% or more at fault. Individuals 50% or less responsible for causing their own injuries can recover compensation but at an amount lowered based on their percentage of fault. 

If two or more drivers have shared fault for an incident, a passenger still needs to recover compensation. When they file a claim, the compensation that the passenger recovers may come from one source, but the insurance carriers or a personal injury jury will have to analyze which party ultimately is responsible for paying the compensation. For example, if one driver was 40% responsible for the incident and the other driver was 60% responsible for the incident, then 40% of the passenger’s damages would come from one driver and 60% from the other.

Unfortunately, passengers can get caught up in the nuances of determining liability, which often leads to them recovering less compensation than they should otherwise receive. We strongly encourage passengers harmed by the negligence of another driver to reach out to an attorney as soon as possible. Even if you are an injured passenger and think the claim will work out in your favor, please seek a free consultation with an attorney to make sure that you are covering your bases. If a lawyer does decide to work on your case, you will have an advocate by your side standing up for what you are rightfully owed.

Contact Our Philadelphia Passenger Accident Lawyers

The Philadelphia personal injury attorneys at Ciccarelli Law Offices have spent years helping passengers involved in auto accidents, and we know the ins and outs of liability cases. Even if you are slightly at fault for the accident (i.e., you grabbed the wheel or intentionally distracted the driver), you can still receive compensation if the right attorney is fighting your case.

Whether you were critically injured or suffered long-term disability, you can claim compensation and get your medical bills covered, as well as makeup for any wages lost or pain and suffering withstood. As an innocent passenger, you shouldn’t have to pay for a mistake you didn’t make. Contact us today to begin your case and take strides toward recovery.