If you were a passenger recently involved in a collision, you may find yourself wondering how you’re going to deal with your injuries, damaged property, and other losses. As it turns out, you may be as entitled to a personal injury claim as the driver impacted by the crash.
If you have questions about your right to legal action as a passenger involved in a car accident, you can turn to Triumph Law. California’s personal injury lawyer can walk through the aftermath of your accident with you and discuss what damages you can demand from a liable party or parties.
Deciding to Pursue a Passenger Injuries Car Accident Claim
Your right to legal action as a passenger involved in a car accident does not hinge on the severity of your losses. You have the right to take legal action against the party responsible for your discomfort, whether you’re contending with minor whiplash or broken bones. You can initiate that legal action by filing a personal injury claim with California’s civil courts.
A personal injury claim lets you elaborate on the nature of your losses before a judge. You can use your complaint to identify the party or parties you want to hold liable for your injuries, property damage, and related losses. You can also use a complaint to present evidence backing your assertion of fault as well as the value of your losses.
California’s Passenger Injuries Car Accident Claim Filing Deadline
Whether you determine that you want to pursue legal action on your own time or take action after speaking with an attorney, a professional can build your claim. That said, your passenger injuries car accident claim must reach California’s civil courts within the statute of limitations outlined in California Code of Civil Procedure section 335.1.
This statute of limitations gives you no more than two years from the anniversary of your accident to bring your claim forward. If you’re not able to file your complaint within that timeline, you may lose your right to civil action.
Who Owes a Passenger a Duty of Care?
There are multiple parties who owe a passenger a duty of care on the road. First and foremost, the driver that a passenger was riding with owes that passenger a duty of care. As such, the driver of the car the passenger was in can find themselves held liable for a percentage of an accident’s fault in the passenger’s personal injury claim.
Other drivers on the road also owe passengers a duty of care. With that in mind, any other drivers involved in a passenger’s accident can be included in that passenger’s complaint. Similarly, those other drivers may be liable for a percentage of the damages due to the passenger after exhibitable roadway negligence.
Use Evidence to Assert Duty of Care and Assign Liability
Whether you want to hold one or more parties responsible for your injuries in a car accident, you must bring forward evidence of those liable parties’ negligence. This means that you should work with a passenger injuries car accident attorney in California to gather:
- Video footage of your accident
- Still footage of your accident
- Audio of your accident
- Bystander accounts of your losses
- Expert witness statements regarding your losses
- Physical debris detailing the nature of your accident
Our team can determine what forms of evidence are most relevant to your case and how you can best use them.
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What Damages do Passengers Deserve After Severe Car Accidents?
Passengers are entitled to many of the same damages that injured drivers can request in the wake of a car crash. You must, however, have the evidence you need to prove the value of your losses and their relationship to your recent accident included in your complaint if you want to adequately defend that request when it goes before a judge.
What damages, then, can you request? The range of economic and non-economic damages to which a passenger involved in a car accident may be entitled can include:
- Medical expenses
- Property damage and restoration or repair
- Lost income while recovering
- Assistance at home throughout the injured party’s recovery
- Pain and suffering
- Mental anguish
- Emotional distress
If you witness the wrongful death of a loved one in the car with you at the time of an accident, you may have the right to a wrongful death lawsuit. You can discuss your circumstances and the right to represent a deceased party with a wrongful death attorney in California.
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When Should Passengers Call a Car Accident Attorney?
You don’t have to work with an attorney to bring a passenger’s car accident claim forward in civil court. That said, working with an attorney often makes the process of both compiling your complaint and arguing for your right to financial support easier. Our team understands how these legal proceedings work and can take steps to make them as painless as possible for you.
Our team can specifically help you:
- Communicate the extent of your losses
- Gather evidence to defend assertions of liability
- Defend your right to certain damages
- Outline the total value of your case
- Present your claim within California’s statute of limitations
- Arrange negotiations with a liable party
- Prepare an opening statement for a personal injury trial
- Prepare yourself for examination and cross-examination
You can discuss which services you’d like during an initial case consultation with a California passenger injuries car accident attorney. These consultations do not require you to commit to legal action and are free of charge.
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Triumph Law Defends Passengers’ Rights to a Comprehensive Recovery
Knowing where you stand as an injured passenger after a car accident is difficult. An impacted driver has the right to demand damages in civil court, but what can you do? You can turn to a passenger injuries car accident attorney for guidance. We can help you file an insurance claim with the appropriate party and consider your right to legal action.
Triumph Law’s passenger injury car accident lawyers in California have experience guiding passengers like you through the aftermath of a car accident. If you want to talk about your right to a personal injury claim, you can meet with our team on your terms. Contact us online or by calling our office today, and we can schedule your free case consultation.
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