Can I Sue the Driver if I am the Passenger in a Car That Crashes?

Auto AccidentWhether you are the driver or the passenger, a negligent party can be held liable for your injuries following a collision. An experienced Illinois personal injury lawyer can help you pursue a claim if you are injured in an auto accident.

Can the Driver be Liable for My Injuries as Passenger?

Whether a driver is liable for injuries to their passengers depends on the circumstances. If the driver is behaving in a responsible manner while driving, then a case for liability against the driver of the car is usually not strong enough to seek damages.

When you are a passenger, you are owed the same duty as anyone else. It is the same as if you are a driver: anyone who is negligent in causing your injuries can be held liable. For example, if you are a passenger of a vehicle and the driver does not keep a proper lookout while driving, fails to yield, or drives at an unsafe speed, the driver can be held liable for your injuries.

In most cases, the liable driver’s insurance will pay for any compensation you receive, though receiving compensation may be more complicated if the driver does not have insurance.

Proof of Liability

As in any liability case, the person seeking compensation should have evidence to support their claim. Obtaining a report from your health care provider is vital to proving the extent of your injuries from the accident. Documentation from your workplace that you are unable to work or have a diminished capacity to work due to your injuries may help when seeking compensation.

Another important piece of documentation is the police report for the accident, which can support your claim that the driver was behaving in a manner that ultimately caused you injury.  An Illinois personal injury lawyer can help you gather evidence to make a strong case about the driver’s responsibility for your injuries.

Contact Rubens and Kress

Rubens and Kress is a Chicago law firm that can help you receive compensation after you suffer an injury. There is no fee unless you collect. If you are in need of an Illinois personal injury lawyer with a track record of success, call Rubens and Kress at (312) 201-9640 or toll-free at (866) 890-9640.