Can I Sue If I Was a Passenger in a Car Accident?

Injured passenger in car accident being rescued by the paramedics.

Injured passenger in car accident being rescued by the paramedics.If you were injured while riding as a passenger in a vehicle, you almost certainly did not anticipate that your safety and health would be in jeopardy. You placed your trust in the hands of the driver, and you expected that others on the road would drive with care and caution. When other people’s negligent actions harm you, you have the right to hold them accountable through legal action.

If you’ve suffered injuries as a passenger in a car accident, you could be eligible to pursue an insurance claim or a personal injury lawsuit against the person whose negligence caused the crash, whether it was the driver of your vehicle, another motorist, or someone else.

At Butler Kahn, we help car accident victims seek fair compensation for their medical bills, vehicle repairs, lost wages, and other losses. Our Atlanta injury lawyers have extensive experience helping people hurt while passengers in vehicle crashes, so don’t hesitate to reach out to us right away for a free consultation.

Can I File an Injury Claim as a Passenger Injured in a Georgia Car Accident?

If you’re a passenger who was injured in a car accident, you can bring a claim against the person or

Depending on the specifics of the accident, you might be able to seek compensation from:persons responsible for the accident. Whether you’re riding in the vehicle of someone you know or using a rideshare service, Georgia law allows you to hold the at-fault driver accountable.

  • The driver of the vehicle you were in – Drivers have a duty to keep their passengers safe from harm, which means driving with care on the road. If fault for the crash lies with the driver of the vehicle you were riding in, they could be liable for your injuries.
  • Other at-fault drivers – All Georgia drivers owe a duty of care to keep other motorists safe from harm. Unfortunately, some drivers breach that duty of care through negligence. Negligence can take many forms, including distracted driving, drowsy driving, drunk driving, speeding, reckless driving, and more. If the driver of another vehicle causes an accident that harms you, you could hold them liable for your losses.
  • Third parties – Sometimes, third parties are responsible for an accident. For example, the manufacturer of a defective vehicle could face a product liability lawsuit. In some cases, a government agency could be liable for an unsafe road design or condition that led to a crash.

Can My Passenger Sue Me If I Wasn’t at Fault?

Whether a passenger can sue a driver for a car crash depends on the circumstances. Georgia uses a modified comparative fault system. If you were partially at fault for an accident, then a passenger may be able to seek compensation from you according to your degree of fault. If you were not at all responsible for the accident, then a passenger would seek compensation from those who caused the accident.

A car accident in Atlanta

What Happens If a Passenger Causes an Accident in Georgia?

In some unusual circumstances, passengers could potentially contribute to an accident. That can make an injury claim complex for a few reasons.

For one, the driver of the vehicle is typically responsible for any accident they cause while driving. That means drivers may need to take steps such as stopping the car, addressing the passenger’s behavior, or ignoring the passenger. If they don’t, and an accident results, the driver could be liable.

Secondly, it can be challenging to determine the degree to which a passenger’s activities contributed to a crash. For example, in cases where a passenger suddenly grabs the steering wheel or attacks the driver, the passenger may be at fault for the accident. But if the passenger is simply distracting the driver and the driver takes their focus off the road as a result, then the driver would probably still be at fault.

Determining whether a passenger may bear fault for an accident requires the help of a seasoned attorney. Every case is unique, and determining fault requires a thorough analysis of the circumstances of the accident.

How Can an Attorney Help Me with My Claim?

Bringing a car accident claim isn’t always straightforward. Therefore, it’s best to consult with an experienced car accident lawyer to ensure that your claim has the best possible chance of succeeding.

Some important ways that an attorney can help your case include:

  • Answering your questions about your rights and Georgia laws
  • Giving legal advice about your options and your potential next steps
  • Investigating the accident and helping you understand who was at fault
  • Gathering evidence about the accident and your injuries
  • Drafting demand letters to insurance companies
  • Negotiating for a settlement that covers your losses
  • Advocating for you at every step
  • Filing a car accident lawsuit and pursuing the compensation you deserve through the courts if the parties cannot reach a settlement

Please keep in mind, though, that the state of Georgia does have a Statute of Limitations on lawsuits such as those mentioned. A Statute of Limitations is a set time period you have to file your lawsuit. For the state of Georgia, that time period is 2 years. If you were to let that two-year time period lapse, you can no longer bring your lawsuit.

Contact an Atlanta Car Accident Lawyer

Recovering compensation as a passenger can be complicated and stressful. The Atlanta car crash attorneys at Butler Kahn have the knowledge and resources to provide you with sound legal advice and help you navigate the claims process.

We are prepared to conduct a thorough investigation of the accident that caused your injuries, identify the liable parties, document and calculate all your losses, and aggressively pursue the compensation you need to move on with your life. We can handle every aspect of your case so you can focus on healing and putting your life back together.

If you would like to discuss your situation with one of our attorneys, contact us for a free consultation.

Jeb Butler
Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn

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