[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/passenger-in-car-accident\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/passenger-in-car-accident\/","headline":"Can I Sue If I Was a Passenger in a Car Accident?","name":"Can I Sue If I Was a Passenger in a Car Accident?","description":"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\u2019s negligent… Continue reading Can I Sue If I Was a Passenger in a Car Accident?<\/span><\/a>","datePublished":"2021-12-15","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/butler\/#Person","name":"Jeb Butler","url":"https:\/\/butlerfirm.com\/blog\/author\/butler\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/12\/paramedics-rescue.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/12\/paramedics-rescue.jpg","height":666,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/passenger-in-car-accident\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=ugi0aw9woKw#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=ugi0aw9woKw","name":"Does the Passenger in a Car Accident have a Legal Case?","description":"If you were a passenger in a car accident and you were hurt, well, do you have a claim? Find out here...\n\nFor more information about car accidents, please visit: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/\n\nJeb Butler: https:\/\/butlerfirm.com\/our-team\/jeb-butler\/\n\n******************************************************\nSHARE THIS VIDEO: https:\/\/youtu.be\/2qO6J_O8avw\n******************************************************\n__________________________________________\nWe Have Four Locations to Serve You \nAtlanta, GA \nButler Kahn\n10 Lenox Pointe \nAtlanta, GA 30324 \nhttps:\/\/butlerfirm.com\/ \n--------\nLawrenceville, GA \nButler Kahn\n154 Stone Mountain Street, Suite 250\nLawrenceville, GA 30045 \nhttps:\/\/butlerfirm.com\/lawrenceville-injury-lawyers\n-------- \nRoswell, GA \nButler Kahn\n1255 Canton Street, Suite E \nRoswell, GA 30075 \nhttps:\/\/butlerfirm.com\/roswell-injury-lawyers\n-------- \nJonesboro, GA \nButler Kahn\n21 Lee Street, Suite 250 \nJonesboro, GA 30236 \nhttps:\/\/butlerfirm.com\/jonesboro-injury-lawyers\n------- \n\u25ba If you were a passenger in a car accident and you were hurt, well, do you have a claim? The short answer is yes. I'm Jeb Butler of the Butler Kahn Law Firm, and today we'll talk about a few ways that might come up. A few ways that a passenger might have a legal claim or a legal case for personal injuries arising out of a car accident.\n\u25ba Now, the first way that we'll talk about is against the driver of the other car. So I'll write, \"Other driver.\" And this is I think the way most people normally think of it, but we'll go use our example here. If you were in the red car and the blue car is at fault for the collision, you as a passenger in the red car can sue the driver of the blue car for causing the collision.\n\u25ba Now, this could also work another way if you're a passenger. Sometimes a passenger is injured because of something that the driver of their own car did. So here I'll write, \"Your own driver.\" Go back to our little picture, the way that might arise, excuse me, is again if you're in the red car and this time you're a passenger of the red car, but the driver of the red car is at fault, then you have a claim against the driver of the red car for causing the collision. That's true even if it's somebody you know. If got in the car and you were expecting the person to drive like a normal human being, but instead they take off at 100 miles an hour and blow around a curve and smack into a tree, and you're hurt as a result, you have a claim or a legal case against the driver of your own car.\n\u25ba Now this comes up a lot in a particular context, and so I put a little 2A here, so that we could talk about it. And that context is ride share. So here when we say ride share, we're talking about Uber and Lyft. Those can be interesting cases. You can imagine that in the context of Uber and Lyft, lots of claims are brought by passengers against Uber drivers, typically relating to their driver, but sometimes relating to other things. We've seen sexual assault cases, unfortunately, against Uber or Lyft drivers. Those can be important cases. There's often a lot of insurance. Georgia law requires that in order to operate in Georgia, ride share companies such as Uber and Lyft maintain a million dollars in coverage for their liability of the driver, and then a million dollars in coverage in what's called uninsured motorist coverage. Both of those in the right case can be used by a passenger in an Uber or Lyft.\n\u25ba So if you've been hurt as a passenger in an Uber or Lyft, whether your driver was at fault, that is the driver in the Uber, or the driver of the other car, you have the right to bring a claim and there's probably a good bit of insurance available, which would be a good thing if you've been hurt in that kind of collision.\n\u25ba The last way we'll talk about that you might have a claim as a passenger is against ... Let's see how to put it. A non-driver I guess is how we'll say that. And a none driver, that can come up in a couple different ways. One is a product liability claim. So for example, if you are in a car and you're hit from behind, the car explodes when it shouldn't. That's a product liability claim, and you get to bring that even if you are a passenger. Another way you might have a claim against a non-driver is some sort of roadway issue. We have a case now where a passenger in a car was pushed into a guardrail and the guardrail failed. The guardrail should have kept the car that she was in in the roadway. But instead because the guardrail was damaged, hadn't been repaired like it should have been, the car vaulted over the guardrail and she was killed. Our family's mother was a passenger in the vehicle, and she was killed. So she has a legal claim and a good legal case even though she was a passenger in the car when she was injured.\n\nCheck out our previous video: https:\/\/youtu.be\/5KtUf3Urvas","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/ugi0aw9woKw\/default.jpg","https:\/\/i.ytimg.com\/vi\/ugi0aw9woKw\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/ugi0aw9woKw\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/ugi0aw9woKw\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/ugi0aw9woKw\/maxresdefault.jpg"],"uploadDate":"2023-06-07T18:55:12+00:00","duration":"PT4M39S","embedUrl":"https:\/\/www.youtube.com\/embed\/ugi0aw9woKw","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=ugi0aw9woKw#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=ugi0aw9woKw#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=ugi0aw9woKw&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=ugi0aw9woKw#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":387}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=ugi0aw9woKw#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":7}]},"about":["Car Accident"],"wordCount":1001,"articleBody":"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\u2019s negligent actions harm you, you have the right to hold them accountable through legal action.If you\u2019ve 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\u2019t hesitate to reach out to us right away for a free consultation.\ufeffCan I File an Injury Claim as a Passenger Injured in a Georgia Car Accident?If you\u2019re a passenger who was injured in a car accident, you can bring a claim against the person orDepending on the specifics of the accident, you might be able to seek compensation from:persons responsible for the accident. Whether you\u2019re 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 \u2013 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 \u2013 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 \u2013 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\u2019t 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.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\u2019s behavior, or ignoring the passenger. If they don\u2019t, 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\u2019t always straightforward. Therefore, it\u2019s 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 lawsGiving legal advice about your options and your potential next stepsInvestigating the accident and helping you understand who was at faultGathering evidence about the accident and your injuriesDrafting demand letters to insurance companiesNegotiating for a settlement that covers your lossesAdvocating for you at every stepFiling a car accident lawsuit and pursuing the compensation you deserve through the courts if the parties cannot reach a settlementPlease 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 LawyerRecovering 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.{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"Can I File an Injury Claim as a Passenger Injured in a Georgia Car Accident?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"If you\u2019re a passenger who was injured in a car accident, you can bring a claim against the person or persons responsible for the accident. Whether you\u2019re riding in the vehicle of someone you know or using a rideshare service, Georgia law allows you to hold the at-fault driver accountable.\\n\\nDepending on the specifics of the accident, you might be able to seek compensation from:\\n\\n* The driver of the vehicle you were in \u2013 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.\\n* Other at-fault drivers \u2013 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.\\n* Third parties \u2013 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.\"}},{\"@type\":\"Question\",\"name\":\"What Happens If a Passenger Causes an Accident in Georgia?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"In some unusual circumstances, passengers could potentially contribute to an accident. That can make an injury claim complex for a few reasons.\\n\\nFor 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\u2019s behavior, or ignoring the passenger. If they don\u2019t, and an accident results, the driver could be liable.\\n\\nSecondly, 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.\\n\\nDetermining 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.\"}},{\"@type\":\"Question\",\"name\":\"How Can an Attorney Help Me with My Claim?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Bringing a car accident claim isn\u2019t always straightforward. Therefore, it\u2019s best to consult with an experienced car accident lawyer to ensure that your claim has the best possible chance of succeeding.\\n\\nSome important ways that an attorney can help your case include:\\n\\n* Answering your questions about your rights and Georgia laws\\n* Giving legal advice about your options and your potential next steps\\n* Investigating the accident and helping you understand who was at fault\\n* Gathering evidence about the accident and your injuries\\n* Drafting demand letters to insurance companies\\n* Negotiating for a settlement that covers your losses\\n* Advocating for you at every step\\n* Filing a car accident lawsuit and pursuing the compensation you deserve through the courts if the parties cannot reach a settlement\"}}]}"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can I Sue If I Was a Passenger in a Car Accident?","item":"https:\/\/butlerfirm.com\/blog\/passenger-in-car-accident\/#breadcrumbitem"}]}]