Your Legal Rights as a Passenger in a Car Accident in California
Tuesday, June 9, 2009 by Legal Staff
Suppose you’re riding as a passenger in a car that gets into an accident caused by another driver. Do you have the right to seek monetary compensation for your injuries, lost work, pain and suffering and other damages? You bet you do. You are entitled to recover monetary damages for the full extent of your injuries. But suppose it was the driver of the car you’re riding in that caused the accident in which you were injured. Do you have the right to sue him or her? Yes. Long ago they had a ruled called the “guest-host rule” which prohibited non-paying guests from suing the driver for their injuries, even if the driver was the one at fault for the injuries. That rule was abolished years ago, and now passengers can sue the careless (“negligent”) driver to the same degree as a non-passenger stranger.
An injured passenger initially may not want to sue the friend who was driving, but as ambulance bills, medical expenses, and other costs start coming in, coupled with the pain and suffering the person experiences, the injured person will think twice about suing his or her friend for causing the accident. And in reality, the person is really suing the insurance company, and the friend had the policy to provide a fund to pay for injuries and property damage he or she causes, including to friends riding as passengers. Unfortunately, in situations where the driver and passenger are good friends, the accident and ensuing legal action can drive a wedge between them and end their friendship. This is due to the adversarial nature of the legal system, in which the parties are considered enemies. Indeed, the lawyers will often tell their client not to talk to their friend until the legal action is over.
If you or a loved one have been injured as a passenger in a motorvehicle accident, call now and talk to a lawyer about your legal rights. 310.882.6810
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