The driver of a motor vehicle is legally required to keep passengers safe. Unfortunately, passengers too often suffer injuries to the same extent—if not worse—than the driver of the vehicle. Vehicular passengers must understand that they have rights that they can pursue with the assistance of a Lafayette car accident lawyer if they’re injured. In Louisiana and in most states, passengers receive special protection under the law. If a passenger is injured in a car accident where the driver in the same vehicle caused the accident, the passenger has a right to recover compensation for her injuries under the driver’s insurance policy. Passengers are also entitled to sue the other driver in an accident when the other driver caused the accident.
Broussard, David & Moroux represents passengers who have suffered serious injuries in motor vehicle accidents. If you or a loved one suffered an injury as a passenger in a car accident, an experienced car accident lawyer at our Lafayette firm can help you recover adequate compensation for your injuries.
The passenger in a vehicle may have a close relationship with the driver. For this reason, it is common for an injured passenger to feel uncomfortable seeking legal recourse against a relative, friend or co-worker. However, it is important to remember that it is the individual’s insurance that will compensate you for your injuries, not the individual. We all carry insurance for this very purpose: to have a safety net when we suffer serious injuries, expensive property damage or death.
Your friend may also ask you not to file a claim under his or her insurance. She may fear that her insurance premiums will go up after the insurance company has notice of the accident. While insurance may become more expensive following an accident, it is not always the case. Many insurance companies today have accident forgiveness plans for first-time accidents and minor accidents. If your friend offers to pay you out of pocket, it is important to make sure that such a payment will fully cover your expenses for medical treatment and pain and suffering.
A passenger injured in a crash has several legal rights to assert with the assistance of a Lafayette car accident attorney. In addition to the right to recover under the driver’s insurance policy, these rights include the right to recover the same types of damages available to the driver of a vehicle, including adequate compensation for medical expenses, pain and suffering and lost income. If another driver caused the accident, an injured passenger will have the same rights as a vehicle’s driver would have in bringing a legal claim against the negligent driver. However, having the same rights against the driver who caused the accidents comes with the same responsibility in seeking legal relief: the action must be timely brought. Usually, injuries resulting from a vehicle accident must be brought to the court within a year of receiving the injury. If it’s not, the action will be barred from proceeding.
After a car accident, a qualified personal injury lawyer can help you understand your legal rights and obtain fair compensation for your injuries. For a complimentary consultation with a car accident attorney in the Lafayette area, call Broussard, David & Moroux at 888-337-2323 (toll-free) or 337-233-2323 (local).