Can a Passenger in a Car Accident Settlement Sue for Negligence?

Car accidents can cause both temporary and permanent physical injuries or mental trauma. Recovery can be an expensive, lengthy prospect.

While we tend to think of the drivers when it comes to car accidents, passengers have similar rights in Utah and can sue for negligence. That still leaves a lot of questions, though: 

• How does a passenger file a claim?
• How much can a passenger get in a car accident case? 
• What if friends or family are to blame? 

Luckily, our team can help.

If you live in the Salt Lake City area and are a passenger in a car accident settlement case, contact an experienced Utah lawyer at Ipson Law Firm today.

What to Do Following a Car Accident

Following a car accident, your first objective should be to check for injuries and contact 911. Ask the operator to dispatch a police car and EMTs. Since some injuries may not be apparent, make sure to have an EMT check you and other parties for damage. You will also want to photograph any medical injuries, as well as damages sustained by both vehicles. 

Lastly, file a police report after obtaining the necessary information and evidence. Information and evidence will pertain to all parties involved in the incident and may include: 

• Drivers’ licenses
• Vehicle information
• Insurance information
• Photographs
• Testimonies

How Much Can a Passenger Receive in Compensation?

Under Utah law, as a passenger, you’re entitled to financial compensation following a car accident. The two major forms of compensation you’re entitled to are economic and non-economic damages. Examples of compensation for economic damages include:

• Medical bills
• Lost wages
• Legal fees
• Property damages
• Out-of-pocket expenses

Non-economic damages are harder to calculate. Some examples may include receiving compensation for the following:

• Pain and suffering
• Emotional distress 
• Psychiatric disorders such as PTSD
• Temporary or permanent disfigurement
• Reduced mobility 
• The loss or reduction of vision or hearing

The total compensation may vary depending upon factors like the severity of injuries. Ultimately, an experienced car accident attorney will help you calculate and receive the compensation you deserve. 

How Can Passengers File a Personal Injury Claim? 

Sometimes it can be hard to determine who’s at fault following a car accident. However, Utah is a comparative negligence state. This means a defendant may only be required to pay a certain percentage of the settlement. For example, the court may determine that one driver is 70% at fault while the other is only 30% at fault. 

It’s usually recommended for passengers to file a claim against both parties. By working with your attorney, you can determine how much compensation you’re entitled to before filing your claim. An attorney can also help negotiate with the insurance companies to ensure you’re being fairly compensated.

What If You’re Filing against a Friend or Family Member?

Following a car crash, you may be hesitant to file a claim if the driver was a friend or family member. While this can make things feel uncomfortable and challenging, remember that it won’t be your friend or family member paying for your expenses and damages. Instead, it will be their insurance company footing the bill. 

Additionally, filing the claim shouldn’t affect their driving record or insurance premiums more than the actual accident itself.  

How Ipson Law Can Help

Being in a car accident can be a traumatic event, but our team is here to help. The car accident attorneys at Ipson Law Firm are well-equipped to help you or your loved one receive the financial compensation and justice they deserve. Our attorneys will also answer any questions or concerns you may have. 

Contact Ipson Law for a free consultation if you’re a passenger in a car accident settlement case needing legal assistance. You’ll be joining countless satisfied clients who got the compensation they were owed.