Does the Passenger in a Car Accident have a Legal Case?

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If you were a passenger in a car accident and you were hurt, well, do you have a claim? Find out here…

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► 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.
► 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.
► 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.
► 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.
► 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.
► 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.

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