Along for the Ride: Passenger Rights in Vehicle Accidents

by

07 November 2016

Legal

Passenger Rights

Although we are aware of the risks, driving is just a routine activity many of us do automatically, like brushing our teeth or grabbing a cup of coffee. We climb in the car intent on the destination or lost in thought, which is why automobile accidents are so jarring. Even a mild fender bender seems to stop everything in its tracks, instantly negating the importance of everything we were thinking or saying. Whether the situation results in serious injuries or none at all, it demands immediate attention. Passersby jockey to catch a glimpse of something interesting; police officers fill out reports; tow trucks haul away damaged cars. Sometimes, there aren’t even minor injuries, but, obviously, not everyone is so lucky.

Trusting ourselves is one thing. Trusting someone else is entirely different. Every time someone gets into a passenger seat or the back seat, they’re trusting that the driver will get to the destination safely. Some passengers are happy not to have the responsibility of driving; others have a hard time giving up control. Regardless of your feelings, where does that leave you if you’re injured in a vehicle accident? The accident certainly wasn’t your fault, so what exactly are your rights as a passenger?

Recovering for injuries suffered as a passenger in a car, truck, or motorcycle accident is really a claim against an insurance company rather than against the driver himself. Passengers can file a claim under the bodily injury or liability insurance coverage of the driver or owner of any vehicle responsible for causing the accident. If that is insufficient, there may be coverage available under uninsured motorist or underinsured motorist policies. Injured passengers are also allowed to file a claim under their own Personal Injury Protection (PIP) and/or Medical ­Payments (Med Pay) policies. With all these funding possibilities, passengers should be able to secure compensation for their damages, though in no instance are they allowed to collect any more than the total value of their claim.

Many passengers are initially reluctant to seek compensation for damages because the driver is a close friend. It’s important to note that in most situations, the driver will not even know of the claim because it will be settled by lawyers and insurance companies before it gets to trial. The strain on any personal relationships should be minimal unless the insurance company does not act in good faith to resolve the claim and it must be litigated instead. Even at that time and although the driver will be named in the lawsuit, the true conflict is between the driver’s insurance company and the passenger. There are special rules that apply when the passenger is related to the driver and shares the same household. In most of these cases, the passenger is barred from collecting under the driver’s liability policy because he or she is an “insured person” and such persons are not permitted to file a liability claim against their own liability policy. A claim can still be brought against other drivers who are at fault for the accident.

Read also: TIPS TO KEEP YOUR KIDS SAFE IN A CAR

The seat next to the driver has a reputation for being the most dangerous one in the car, even having been referred to as “the death seat.” Of course, it is more common to have one passenger than several, so the front seat is occupied more frequently than the rear seats. There is also some truth to the idea that in a crash a front seat passenger has nothing to stop him or her from being ejected through the window, whereas the driver has the steering wheel. Or, at least, that used to be the prevailing line of thought. The last few decades have brought about major advances in safety that have reduced the probability of being seriously injured while riding in the front seat. Seat belts, airbags, and crumple zones equally benefit drivers and front-seat riders.

According to a study by the Insurance Institute for Highway Safety (IIHS) and the Children’s Hospital of Philadelphia, adults over age 55 were more likely to die in a crash while seated in the back than in the front – even if they were wearing seat belts. The study found that adults in the rear were more likely than adults in the front to sustain chest injuries, and there was some evidence of an elevated risk of head and neck injuries for restrained women seated in the rear compared with the front.

The IIHS also recently performed front-overlap crash tests of seven small SUVs and found that certain models may have a big gap in safety between drivers and their passengers. The seven models received good ratings after the front driver’s side corner of the vehicle hit a barrier at 40 miles per hour, but only one model – the 2016 Hyundai Tucson — rated as good when the same test was performed on the front passenger side. While three models received acceptable ratings and two models received marginal ratings, the 2015 Toyota RAV4 was rated as poor. The IIHS suspected that the difference was partly due to a greater emphasis on the vehicle frame and structure for the driver’s side, but there is no excuse for inferior passenger protection.

Read also: How To Shop For A Car With Your Teen Driver?

If you were a passenger in a vehicle involved in a collision and were seriously injured as a result, or if you lost someone you love in such an accident, you should contact an experienced personal injury lawyer who can examine the circumstances of your case and advise you of your rights. Personal injury attorneys work on a contingency fee basis, which means you don’t pay them unless there is a settlement or verdict in your favor.

Passengers with serious injuries are entitled to appropriate and thorough medical care for their physical, emotional, and psychological injuries suffered as a result of the accident, as well as full compensation for their pain and suffering, mental anguish, property damage, and lost wages. It is also critical that you at least consult with an attorney before speaking with an insurance company investigator or adjuster. Their job is to spend as little money as possible while quickly settling a large number of claims, and they are well-trained in the fine art of getting you to make statements that can come back to haunt you later. Since you are bound by what you say, it is often wise to let an attorney speak for you.

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Divorce Lawyers

Benefits Of Using Divorce Lawyers

A court or other competent body can legally dissolve a marriage and make the certificate null and void. The Columbus Ohio divorce help can easily be acquired from divorce attorneys to represent either party in court. Whether the divorcing parties are doing so by mutual consent or irreversible issues, legal and professional representation is necessary. There are benefits that one enjoys having a divorce attorney to represent them during the entire process. Apart from the comfort that comes with having professional representation, the major reasons for getting a divorce lawyer to include: 1. Protection Of Rights : Experienced divorce lawyer have the interest of their client in mind as that's what they are trained to do. Apart from concentrating on the entire divorce processes, the client's rights, possessions, and a fair share are protected. 2. Get Emotional Help : Divorce is a process that can wear down even the strongest person. The best lawyer will not only provide legal help but will be a shoulder to lean on in these emotional times. Divorce attorneys have handled various cases and are experienced in all problems, concerns, and worries attached to divorce. 3. Keep Track Of Legal Documents : There are legal documents and forms to be filled when filing for a divorce. It may be hard for anyone not in the law profession to know what is required of him or her. Divorce help is there to advise on documents required and the necessary information to be filled in the forms. 4. Advice On Child Rights And Custody Laws : Divorce cases can be complex especially when the couple has a child or children together. A qualified divorce lawyer will ensure that children rights are protected, and child custody is determined. It is the interest of the parent to have the rights of the child protected and their future care determined. 5. Property Protection : The major reason why divorce courts are there is to determine how the property will be shared after couples decide to go on separate ways. An experienced divorce attorney will advise their client on the local laws on property division and will work to protect their interest. 6. Enhance A Fast Divorce Procedure : Divorce is a process that can take time before the union is denounced. Having experienced lawyer can make the process flow smoothly with settlements plans agreed on. It takes less time to have the process accomplished with reputable divorce attorneys in control. 7. Act As A Mediator Between Parties : Coming up with settlement plans between separating couples can be hectic as in most cases they are never in good terms. Divorce lawyer acts as mediators between the two parties to have the process running smoothly and faster. Lawyers take mediation role to reduce anger flares and frustrations from slowing down the entire process. Conclusion : It would be a challenge to go through a divorce process without a professional divorce lawyer. The legal process is a tasking journey that needs a licensed divorce attorney who is also friendly to provide emotional help too. Self-representation in court though possible and cost-saving, it can be time-wasting, tiresome and challenging too. Read Also : Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage How To Bring Up Divorce With Your Spouse 4 Tips For Dealing With A Family Business In Divorce

READ MOREDetails
Family Mediation

Family Mediation In Toronto A Path To Resolve Conflicts

In the bustling city of Toronto, family conflicts are not uncommon. Whether it's a dispute between spouses, parents and children, or even extended family members, resolving these issues can be a daunting task. However, there's a gentle, effective way to navigate through these challenging times - family mediation. The Role Of A Mediator A family mediator plays a pivotal role in resolving disputes. They are trained professionals who act as neutral third parties to facilitate discussions and negotiations. Their primary objective is to help families reach mutually agreeable solutions. Benefits Of Family Mediation 1. Preserving Relationships Family mediation focuses on amicable solutions, preserving vital relationships during and after the process. 2. Cost-Effective Mediation is often more cost-effective than litigation, saving you time and money. 3. Confidentiality All discussions during mediation are confidential, ensuring privacy. 4. Faster Resolution Mediation typically resolves issues faster than court proceedings. How To Initiate Family Mediation If you're considering family mediation Toronto, the process is quite straightforward. You can initiate it voluntarily or be referred by a legal professional. The first step is to choose a qualified mediator who will guide you through the process. The Mediation Process Family mediation typically follows these stages: Introduction: The mediator explains their role and the mediation process. Information Gathering: Both parties share their perspectives and concerns. Negotiation: The mediator helps parties find common ground and make informed decisions. Agreement: Once an agreement is reached, it's documented and can become legally binding. Confidentiality And Neutrality In family mediation, confidentiality and neutrality are paramount. Everything discussed during the mediation sessions is confidential, creating a safe space for open communication. The mediator remains neutral and doesn't take sides. Communication Skills In Mediation Effective communication is key to successful mediation. Mediators are skilled in helping participants express their thoughts and feelings constructively. They also ensure that everyone feels heard and understood. Legal Aspects Of Family Mediation While mediation doesn't require legal representation, understanding the legal aspects is crucial. Mediators can provide information, but it's advisable to consult an attorney if you have complex legal questions. Child Custody And Support One of the most common issues in family mediation is child custody and support. Mediation allows parents to create a parenting plan that suits their child's best interests, ensuring their emotional well-being. Property And Asset Division Mediation can help couples fairly divide their property and assets. This process is typically less adversarial and more equitable than court-ordered division. Spousal Support Mediation can also address spousal support concerns. It enables couples to negotiate and agree on fair support arrangements that meet both parties' needs. Success Stories Real-life success stories of families in Toronto who have found resolution through mediation highlight the effectiveness of this approach. It offers hope to those going through difficult times, showing that solutions are possible. Family mediation in Toronto provides a constructive and amicable way to resolve conflicts. It empowers families to find mutually beneficial solutions, preserving relationships and reducing the emotional and financial toll often associated with litigation. Consider family mediation as a pathway to resolving your family issues today. Read Also: Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage Are Payday Loans Really As Bad As People Say? Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases

READ MOREDetails
adoption attorney

Don’t Battle It All Alone: 5 Reasons Why You Need an Adoption Attorney

There are many reasons why you might be considering adoption attorney, and it’s becoming more and more of a popular choice in countries all over the world with thousands of families of going through the process. However, just because lots of people are doing it, that doesn’t mean the journey is plain sailing. With lots of paperwork, legal requirements, checks and long periods of waiting, the process can be very off-putting to a lot of families. Nevertheless, many of these hassles can be countered by investing in the support of an adoption lawyer. With this in mind and to help you make the decision that’s right for you, today we’re going explore five key reasons why an adoption lawyer might be one of the best ideas for you.  #1 - Support with Paperwork When you’re making your way through the adoption process, there’s a lot of paperwork and checks you’re going to need to go through to ensure everything that takes place is legal. For first-time adopters, there may be a lot of parts that are confusing, which is where an adoption lawyer can help to make sure you’re doing everything correctly.  #2 - Assistance with Decisions There’s no denying that adoption is a wonderful thing, but not many people know about the legal requirements and procedures behind it, as well as the important decisions that need to be made. With an adoption lawyer by your side, you can have all the details explained, so you know you’re making the right decisions.  #3 - Speed Up the Process While adoption is renowned for being a lengthy process, having a professional and somewhat savvy lawyer on your side may be able to help you speed things up. Of course, this depends on your individual circumstances, but without the help of a professional, you’re never going to know.  #4 - Addressing Potential Problems As with any kind of legal proceeding, there are always going to be grey areas where problems can arise, and certain complications may appear out nowhere. This could relate to small or big things, such as same-sex marriage, military couples and many more, and will depend on your individual circumstances. Fortunately, one of the main benefits of having an adoption lawyer is they can help you through this process and iron out any issues, so you move through them quickly and easily.  #5 - Help with Court Appearances Understandable, even the mention of court appearances can be enough to make you worry and think dubiously about going through the adoption process, and it’s not surprising that many people may feel intimidated throughout this part of the adoption procedure. Nevertheless, having a professional adoption lawyer by your side who’s been through the process many times before can help to settle your worries and help you focus on doing everything properly and getting the result you want.  Summary As you can see, there are plenty of benefits to enlisting the help of a professional, qualified adoption lawyer who’ll be able to help you out in many areas of the adoption process. If adoption is a path you’re interested in taking, it goes without saying that it’s highly recommended to get help to make it as easy as possible.

READ MOREDetails