Can passengers sue their driver following a car crash? 

Depending on the facts of how the accident occurred, passengers in a one-vehicle crash can make a claim against the driver for their injuries. 

The passengers’ standing will ultimately depend on where fault is assessed. If the driver of the vehicle that the passenger was riding in is found wholly responsible for the accident, the passenger is eligible to make a claim against or sue the driver based on the suffering they’ve endured as a result. 

In some cases, the passenger could be found partly or even wholly responsible for causing the crash. An example would be if the passenger pulled on the steering wheel as a prank, and caused the driver to lose control. 

Fault in a Texas car accident can sometimes be difficult to determine. After an accident, each party will submit their statements of the events for the police report. 

To file an insurance claim or injury lawsuit for the accident, the victim must prove the negligent driver was at least 51% responsible for the accident that caused their injuries. 

Additional complications may accompany Texas car accident cases involving passengers who also happen to be family members — especially when dealing with car insurance. 

Insurance companies may cite family member exclusion rules, which are intended to prevent spouses, children, and other family members from making claims against the responsible driver’s policy. 

In reality, however, such rules are not enforceable in the state of Texas up to the minimum amount of coverage mandated by the State. 

In fact, the Texas Supreme Court has explicitly ruled that the state’s minimum liability mandates require insurance companies to honor injury claims involving family members, at least until the minimum limit is reached. 

Contact J. Gonzalez 

Needless to say, making a claim against the driver of a vehicle in which you were riding can be legally tricky business. The J. Gonzalez Law Firm can help you sort through the facts of your particular case to determine if you have standing to bring a case. 

That can often be done during an initial consultation, and you won’t be charged anything for such a consultation. Contact J. Gonzalez today via this website, or by calling 1-800-CAR-CRASH to get your case started. 

Elderly Mission man killed in rollover crash 

By: Benjamin Treviño  

State troopers report a 75-year-old Mission man died in a February 12 rollover crash near Palmview in western Hidalgo County. 

A passenger in the victim’s car was hospitalized, the Texas Department of Public Safety said.  

The deceased is identified as Ascencion Lopez Hernandez. He died at the scene following the crash. 

Troopers say the incident happened at around 6:16 a.m. on Bentsen Palm Road north of San Lucas Street. 

According to a spokesperson, Hernandez was the driver of a gold Chevrolet Malibu that was traveling southbound on Bentsen Palm Road. Hernandez reportedly passed a vehicle, and then overcorrected his vehicle while attempting to return to the southbound lane. 

“As a result, the driver of the Chevrolet lost control, veered off the roadway onto the westside bar ditch, and rolled over,” DPS said in a news release.  

A male passenger was hospitalized with non-life-threatening injuries. DPS troopers were continuing their investigation at this writing. 

Source: https://www.krgv.com/news/mission-man-75-killed-in-rollover-crash-near-palmview?