Car accidents can be traumatic not just for drivers but for any passengers as well. A passenger might have seen the accident coming but was unable to prevent it or lessen the consequences because they weren’t behind the wheel. Were you or a family member a passenger who was injured in a Houston-area car accident? If so, you may have legal rights that would entitle you to receive some compensation.
At Hernandez Sunosky, LLP, we have many years of experience with passenger injuries in Houston-area car accidents. Here’s our overview of passenger rights and potential options for compensation.
Who Is Liable for Passenger Injuries?
Passengers will very rarely be considered at fault in a car accident. That means injured passengers typically have a clear path to seek compensation from one or more of the following:
- The driver of the vehicle you were in, if they caused the crash through negligence (e.g., speeding, distracted driving, or driving under the influence).
- The other vehicle’s driver, if he or she were at fault for the accident.
- Both drivers, in cases where fault is shared between multiple parties.
Texas has a modified comparative fault system, which means that fault can be divided between parties. But passengers generally remain blameless and eligible for full compensation.
Common Injuries Suffered by Passengers
Passenger injuries range from minor to fatally serious. Common injuries include:
- Whiplash and neck injuries
- Broken bones and fractures
- Head injuries and concussions
- Spinal cord damage
- Internal injuries
- Psychological trauma, including PTSD
Even when injuries seem minor, they can result in significant medical costs, lost wages, and long-term suffering.
What Compensation Can Injured Passengers Recover?
If you were a passenger who was injured in a car accident, you could get several different kinds of compensation, including:
Economic Damages
- Medical expenses (emergency care, surgery, rehabilitation)
- Lost income due to time off work
- Damage to Property (for example, any personal items that were destroyed or damaged in the crash)
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In severe cases, punitive damages may be awarded if the at-fault driver’s actions were particularly reckless.
Steps to Take After a Passenger Injury
If you’ve been injured as a passenger, here’s what you should do to protect your rights:
- Get immediate medical attention, even if you feel fine or any injuries seem minor.
- Be sure to get a copy of the police accident report.
- Make sure to get documentation of your injuries, medical treatments, and keep track of any related expenses.
- Gather witness statements and photographs, if possible.
- It’s wise to speak to a personal injury attorney before talking to insurance companies to make sure you don’t say anything that could be used against you if you make a claim.
Why You Need a Houston Personal Injury Attorney
Insurance companies may try to downplay your injuries or offer quick settlements that don’t reflect your true damages. Hernandez Sunosky Founding Partner Jimmy Sunosky is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and he represents passengers who were injured in vehicle accidents in Houston. Our firm offers free consultations and receives payment on a contingency fee basis, meaning you don’t pay unless we win your case. Contact our office in Kingwood, TX, to get started.
Based in Kingwood, Hernandez Sunosky, LLP serves clients in Houston, Atascocita, Humble, New Caney, Porter, Pearland, and across Texas. Our experienced personal injury attorneys are here to support you in your time of need, providing the guidance you require to seek justice and compensation.