A car accident can be a traumatic experience for everyone involved. Being a passenger in a car accident is an extremely scary and difficult event to go through — and it’s more common than many people realize. Car accidents in Florida rank among the nation’s highest number of crashes. If you were injured as a passenger in a car accident, you may be especially confused about the legal process you must follow in accordance with Florida law.
What to Do if You’re Injured in a Car Accident as a Passenger in Florida
If you are the passenger in a car accident, you may qualify to file a personal injury lawsuit under Florida Law for any damages or injuries. One of the primary factors that need to be determined is which driver was at fault. This is why it is so important to notify both law enforcement and insurance after an accident to ensure a proper investigation.
In 2021 there were 26,325 passenger vehicle occupants who died in motor vehicle traffic crashes, a 10% increase from 2020.
As a passenger, you can pursue a claim against the driver and/or owner of the vehicle you were a passenger in and the other driver and/or owner of the other vehicle/s involved in the crash. Auto insurance in Florida is referred to as ‘no-fault’ insurance
The Driver of the Other Vehicle Is At Fault
If investigators find the other driver liable for the accident, you may submit a claim with their insurance company.
Both Drivers Share Liability
In some cases, investigators may find that each of the drivers had some responsibility for the accident. In this case, if you rode as a passenger in one of the vehicles, you may file a claim with both insurance companies in order to cover the costs of some of your medical care.
What Do You Do And What Special Considerations Does A Passenger Have That Is in a Car That Is At Fault For A Car Accident?
1. Identify the driver at fault – is it the driver of the car you are riding in or the driver of another vehicle?
2. Do both drivers share liability? If you rode as a passenger in one of the vehicles you may file a claim with both insurance companies in order to recover costs.
3. What if the driver is a family member or coworker or friend?
4. Do passengers ever share liability for an accident? In the case of a passenger willingly getting into a car with a driver that is drunk or otherwise intoxicated driver could cause your claim to be dismissed by the driver’s insurance company. A claim can also be dismissed if the passenger distracted the driver.
5. Important to document, just the same as a driver in an accident. You will need to find out how the accident occurred and document it when filing your claim or contacting an attorney to assist you with your case. Follow the car wreck checklist – just like if you were the driver.
6. The types of damages you can claim – Medical bills (including future medical bills), property damage, pain and suffering, lost wages, and permanent injury or disability
WATCH OUR YOUTUBE VIDEO ON THIS TOPIC >
What Should You Do If You Are In A Florida Car Accident?
1. Call the police and file a report.
2. Swap information (including any insurance information they may have).
3. Gather details.
4. Take pictures/video
5. Gather the contact information of any witnesses.
6. Seek medical care immediately for any injuries, no matter how minor you think they might be.
GET MORE HELPFUL INFORMATION ON WHAT TO DO AFTER AN ACCIDENT HERE AT OUR “CAR WRECK CHECKLIST” >
Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm has been promoting community safety since 2007. AT ZARZAUR LAW, WE PRACTICE IN THE FOLLOWING AREAS: SERIOUS PERSONAL INJURY, PRODUCT DEFECT, AUTO ACCIDENTS, CYCLING ACCIDENTS, MOTOR VEHICLE ACCIDENTS, PRODUCT LIABILITY, WRONGFUL DEATH, COMMUNITY SAFETY, BOAT, AND JET SKI ACCIDENTS, AND SLIP AND FALL. Licensed in Alabama and Florida.
If you’ve been injured in a car accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board-Certified Trial Lawyer who has the knowledge and experience to help you. We know accidents can be stressful, and we want to make the process as easy as possible for you.
Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.
If you or a loved one is injured in a car wreck feel free to reach out to our firm for a free consultation at zarzaurlaw.com or 855HireJoe.
Sources: