A car accident could result in severe injury to the driver and the passenger. Passengers could incur different types of injuries on the neck, chest, head and back. But the most dangerous are head-on collisions, as they may cause brain and spinal injury and trauma that could end fatally. There are only a lucky few who escape with only whiplash, or scrapes and cuts. In California, cities like Los Angeles have numerous car accidents where attorneys assist their clients to seek compensation.
So what should you do if you were a passenger in a car accident? Here are some of the things you should consider to win your case.
You have the right to receive compensation
When an accident occurs, and the fault lies with another driver, the passenger has the right to demand compensation. You can seek damages for the physical injury as well as the emotional trauma you experienced in the aftermath of the accident. The financial losses from your inability to work and the burden of medical treatment should not be yours to bear alone.
While it is difficult to quantify pain and suffering, it is possible to establish an adequate amount to cover the physical pain you have been experiencing. A court of law can determine what just compensation in your case means. You must be proactive in seeking compensation from the person or party responsible for your troubles.
Resolve which party is at fault
In a road accident involving casualties, it is expected that a police investigation is initiated to determine who is at fault. Typically, the inquiry starts at the site of the accident, and anyone involved who can respond would be questioned first. Talking to witnesses who have seen the event as it occurred is part of the protocol.
The police will investigate whether one or both parties committed a traffic violation leading to the accident. The police will also examine whether a criminal act led to the accident and if an arrest is forthcoming. A case involving multiple parties might present with complications which lengthen the period of investigation. Nevertheless, law enforcement agents must do their best to determine fault, which would greatly help the case of an injured passenger seeking compensation for damages.
There are instances when the fault does not lie only on the driver of one or both cars involved in the accident. If it has been established in the investigation that a driver is at fault, the passenger and other persons injured may sue.
If you were involved in an accident involving a commercial rig or any public transport such as an Uber transport service, you need to establish that the driver or the public utility driver was at fault. Upon establishing fault, you need to look for attorneys that specialize in accidents to help you pursue compensation. If they do not agree, you could take the driver and the trucking company to court.
Should the investigation reveal that faulty road signs or poor design or construction of an intersection facilitated the unfortunate turn of events, you could even sue a government agency or a construction company. In Los Angeles, California, 20 percent of single car accidents are due to hazardous roads and improper construction. Look for a lawyer specializing in personal injury or dangerous roads to assist you with the legal proceedings.
Injured passengers have the option to settle a case as well. You’d need someone with experience on similar cases to arrive at an accurate figure. If you choose to give up your right to take the issue to court, your lawyer should be able to facilitate the settlement as well.
