Can passengers sue their driver for crash-related injuries?
Passengers who have been injured in a car accident generally have the legal right to sue the at-fault driver for damages. The process typically begins with an insurance claim, but a personal injury lawsuit may be necessary if:
- the insurer’s settlement offer is too low
- the driver is uninsured, or
- your medical bills exceed the policy limits.
Key Steps in the Lawsuit Process
Seek medical attention immediately after the crash, A prompt medical evaluation is crucial to documenting injuries, and linking them directly to the accident.
You must be able to prove the defendant driver was at fault for the accident at issue. This includes establishing they had a duty of care, breached that duty (e.g., speeding, distracted driving), and directly caused your injuries.
You must file an insurance claim first. Most cases are resolved through the at-fault driver’s liability insurance. If a settlement cannot be reached, you (or your attorney) must file a formal complaint in court before the statute of limitations expires—typically 2 years from the accident date in states like Texas and California.
A successful personal injury lawsuit requires strong evidence. This includes police reports, medical records, witness statements, and photos or video of the scene.
What damages can be recovered?
In a personal injury lawsuit, you can seek compensation for:]
Economic Damages: Measurable financial losses like hospital bills, surgery costs, rehabilitation, and lost wages.
Non-Economic Damages: Intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Property Damage: Costs to repair or replace your vehicle and any personal items damaged in the crash.
Punitive Damages: Awarded in cases of “gross negligence,” such as accidents involving a drunk driver, as a way to punish the defendant.
Contact the J. Gonzalez Law Firm
When you choose the J. Gonzalez Law Firm, you get dedicated, experienced, and client-focused representation. Our team of personal injury attorneys has a proven track record of maximizing compensation.
The J. Gonzalez Law Firm operates on a contingency fee basis. That means you get a free initial consultation, and you pay nothing until we win your case.
Most of all, we have a client-centered philosophy. We treat you like family, focusing on your well-being while handling the legal complexities, including negotiation with insurance companies.
Contact us now to learn more. You can connect with us via this website or by calling 1-800-CAR-CRASH.
San Antonio crash kills one, injures one
By: Benjamin Trevino
SAN ANTONIO — An early morning crash along Interstate 37 near Carolina St. in San Antonio has claimed the life of a 21-year-old man and left a female passenger with minor injuries.
The Bexar County Medical Examiner identified the victim as Mathew Galvan.
According to police, the one-vehicle crash happened just after 2:00 a.m. March 9 in the southbound lanes of I-37. Galvan was driving a Corvette, and lost control of his vehicle, police said. The car went through a highway guard rail, down a hill, and came to a stop at the access road guardrail.
Galvan was pronounced dead at the scene. A 23-year-old female passenger who police did not identify was treated on scene for minor injuries.