Rights Of Passengers In A Car Accident

There are several unfortunate events when you end up suffering the consequences caused by someone else’s negligence. One such event is suffering injuries, as the passenger in a car driven by someone else. 

If you find yourself nursing a serious injury because you sat in the wrong seat of the car, know that you have far more compensation rights, as compared to the drivers because there is literally no way passengers can be labelled liable for the cause of the accident. 

Although it’s easier for the passenger to claim compensation for personal injury, such cases can sometimes be quite complicated. Therefore, it’s important that you know your rights.

Drivers Owe A “Duty Of Care” To Passengers

According to the law of the UK, any driver of a motor vehicle is obliged to drive with utmost care and safety, in order to avoid injuring any passenger travelling with them and also to prevent the likelihood of hitting other pedestrians. This is called the duty of care. This duty of care isn’t just for people driving vehicles on road, but also for anyone who operates any type of transportation; be it airplanes, trains, or even watercraft. 

In the event the driver drives recklessly, fails to slow down and show due care for the passenger travelling with them, and this negligent driving causes injuries or casualty, the passenger or their family members (in case of a death) are entitled to sue for damages. Moreover, passengers also reserve the right to claim for compensation if they picked up injuries due to another driver’s recklessness. 

Who To Sue If You Were The Passenger In A Car Accident

As for drivers of the vehicle, the case could go either way, but passengers can never be deemed liable or at fault for road traffic accidents. This is why they always have the right to claim for the full recovery of the damages they have suffered. 

If you ever come across a similar situation, you have the right to sue:

  • The driver of the car you were in
  • The other driver who bumped into your car
  • Both drivers. If you feel both were equally involved in the accident
  • If the accident happened because of a pothole on the road, or street lights weren’t working, local authorities can be sued in such cases
  • For accidents caused by malfunctions in vehicles, you can sue the car manufacturer. 

You can also claim against the driver even if you:

  • Were aware that the driver was drugged or had consumed alcohol before driving
  • Were aware that the driver was continuously distracted due to the usage of the mobile phone.
  • Were aware that the driver intentionally took for granted the road safety precautions. 

Who Pays For The Damages

If you were the passenger in the car that suffered an accident and caused you injuries, you can claim against the driver. However, there are certain instances where people are apprehensive about claiming against drivers of the car they were in, mainly because the driver was a family member, any friend or relative. Fortunately, you don’t have to be reluctant in claiming in such situations because compensation claims made against the driver are covered by their insurance policies. The insurance provider pays the damages. 

What To Do If You Suffered Damages In A Taxi Accident?

Taxi accidents aren’t too common, but if you, unfortunately, find yourself a victim of a taxi accident, know that you are eligible to make a taxi accident claim, provided that you weren’t to be blamed for the incident by any means. 

The law makes it compulsory for all taxi drivers in the UK to have motor insurance and public liability insurance to take care of such mishaps. However, if by any chance, the case gets stuck with intricacies and complications, and you’re finding it hard to prove who was liable for the incident, it is important that you immediately get in touch with an expert solicitor to help you pursue the case of such nature. At Hamilton Douglas Legal, our no win no fee personal injury solicitors are well-versed in the matters of law. Their vast experience will help you take the right steps throughout the course of your case and ensure that you win your deserved compensation.

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