Along for the Ride: Passenger Rights in Vehicle Accidents

Published on: 07 November 2016 Last Updated on: 27 June 2021

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.

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.

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.

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What to Do If You Facing Foreclosure?

Are you Facing foreclosure problems for your home? If you buy a home on loan and you are unable to make payments to your lender on the right time generally for consecutive 3 months, then you need to face Foreclosure. It’s a legal process that is used by the lender and takes a long time and effort. There are plenty of things to know if you really want to get rid of Foreclosure. Most people look for an alternative way to foreclosure, and in order to fix the issue, they negotiate with their lenders, often with the assistance of foreclosure counselors. Calling your lender is the best way to get the solution. Most of the lenders give you options to help you resolve the issue, which include loan modification, forbearance, or a short sale. Facing foreclosure is literally scary in today’s scenario. However, receiving a Notice within the mail does not actually mean that you are going to lose your home. There are things that you simply will do to slow down the process of foreclosure, to leave your monetary record within the best form potential. Keep reading this article to avoid a foreclosure and to learn more about your best options. What do you mean by foreclosure? By rule, signing a mortgage means that you have to pay a certain amount to the lender back within a certain period of time in full, for the loan and you have got agreed to as per their terms. Once you stop making payments to the lender it means you broken that contract. Consequently, the lender possess right to take back your home and take a look at to recoup the investment. the method of repossessing your house is called foreclosure. If you are unable to make payment of your home loan on time and you got late for a few days, then don’t worry and be relaxed as the bank will not visit your house immediately. In most of the cases, you are given a 15-day grace, in that case, you don’t have to pay a late fee. If you haven't paid your mortgage for 90 days then after foreclosure will begin. From there, the process might take from 2 to 12 months, betting on wherever you reside. The process of proceedings is quite long, so, you've got time to make things in your favor and you can stay in your home. How can you slow down the process? There are different ways you can slow down the process of foreclosure to improve your brand image in the correct direction. Work out the plans that can work well in your favor. 1. Educate yourself When you have gotten closer to legal proceedings, you just need to educate yourself about foreclosure. If you don’t know the rule of the game, then how would you be able to play the game as an effective player? So, you need to conceive each and every aspect of foreclosure. Take a deep breath and start reading over everything you've got from the lender. You may get several initial notices regarding the payment which may contain info about the foreclosure process and pending legal actions against you. in spite of what it says and you don’t have to be compelled to worry regarding this info mentioned within the documents. Next, you need to teach yourself on how to handle these notices and get rid of this situation what you are facing. Some states are judicial legal proceeding states, there in the case; the lender needs to file a proceeding against you before moving forward with the proceedings. In other, non-judicial legal proceeding states, this cannot be a procedure, depending upon the state rules. Knowing which type of state you reside in will assist you to work out what proportion of time you've got to search out a solution? 2. Call Your Lender Next, you should contact with your lender as shortly as possible to make the situation in your favor. The very fact is that proceeding is quite a time consuming quite a costly process so, most lenders want to settle it with the help of mutual understanding and talk. They actually want a solution without repossess your home. Honest communication can go a long way and in most of the cases, it’s been seen that both the parties settle this issue without legal proceedings. There are four main choices that the lender could offer you. They are: 3. Refinancing In this case, a borrower gets a new loan with new interest rates in order to cover the missed payments, and what you owe on the house. This does not influence your credit negatively and will assist lower your monthly payments. 4. Repayment Plan when both parties agree on a plan that works in your budget, therefore you'll restart making payments. This is considered to be the best way to get rid of your loan quickly. When you are facing foreclosure. 5. Forbearance Forbearance means that once the mortgage company briefly suspends your mortgage payments for a certain period of time. These postponed payments are adjusted at the end of your loan. 6. Loan Modification during this case, the mortgage company changes the terms of your existing loan - rate, amount due, length - to create your monthly payment in a manageable way. People are in concern of losing their homes. Here, we wish to help you to get started by telling you regarding some choices and wherever you'll be able to get additional help or consultation. You wish to be persistent. Saving your home will take an extended time and also the whole method is frustrating. However, there could also be an inexpensive resolution for this. Several firms promise to prevent foreclosures and acquire loan modifications for a fee. Several of those firms get money and then disappear. So, be conscious while you choose someone to help you get rid of this issue as most of the times people get cheated or scammed. Think about doing a short sale If you're not able to repay your mortgage - even with a reimbursement plan or loan modification then - A short sale is the best choice for you. You'd need to raise your lender for permission as a result of, not like a conventional sale, during a short selling the lender agrees to resolve for less than the house is value. During this case, you'd ultimately lose your home, however, you'd be ready to do this while not having a legal proceeding of your record. Summary: There are many ways the bank can assist you if you fall behind on your mortgage or are having a real problem making your mortgage payment. In the above-given article, you will know the method through which you can handle foreclosure. Read Also: Lining Up For A Loan – How To Secure A Good Loan 6 Expert Tips For Finding The Right Home To Buy

Winning Your Premises Liability Claim: The Intersection Of Law And Building Codes

Navigating a premises liability claim requires a deep understanding of how law intertwines with building codes. When accidents occur on someone else's property, determining liability often hinges on the adherence to, or violation of, these codes. Contacting Legal Assistance For Premises Liability Claims If you believe your injury was a result of a building code violation, it is crucial to seek legal advice. For expert guidance in such matters, consider having the proper connections with your agents, like the contact Christensen Law Firm. Good lawyers can always provide invaluable assistance in navigating the complexities of your claim, helping you understand your legal rights and the intricacies of building codes as they apply to your case. The Role Of Building Codes In Premises Liability Building codes is established to protect individuals from a wide range of hazards, including unsafe wiring, fire risks, and structural integrity issues. These codes serve as a baseline for safety standards that property owners must adhere to. In premises liability cases, if a property owner, architect, or contractor fails to follow these codes, they can be held liable for any resulting accidents. This liability stems from their responsibility to exercise reasonable care in maintaining a safe environment. Building Code Compliance And Legal Defense It's important to note that compliance with building codes does not necessarily provide a complete defense in a premises liability case. While adherence to these codes might protect a defendant from being considered negligent per se, it does not automatically establish due care. Therefore, even if a property owner has followed building codes, they can still be held liable if they fail to provide a reasonably safe environment. Examples Of Building Code Violations Leading To Liability Premises liability cases can arise from a variety of building code violations, such as: - Defective stairs leading to slip and fall incidents. - Injuries from exposed electrical wiring or structural failures. - Accidents due to missing handrails or non-functioning carbon monoxide detectors. These examples illustrate how failure to comply with building codes can be considered negligence, forming the basis for a premises liability claim. Read Also: The Impact Of Human Rights Legislation On Disability Discrimination Cases Assigning Liability In Building Code Violation Cases Determining liability in these cases can be complex, involving multiple parties such as property owners, architects, contractors, and their respective insurance companies. Each party's role and responsibility in maintaining or violating building codes must be carefully examined to establish who is at fault. Successfully navigating a premises liability claim where building codes are a factor requires a nuanced approach. It involves not only a deep understanding of the relevant laws and codes but also the ability to effectively demonstrate how these codes were violated and led to injury. Legal expertise, detailed investigation, and expert testimony are all essential elements in building a strong case. Understanding The Impact Of Negligence In Building Code Violations In premises liability claims, establishing negligence is a critical step. Building code violations can be a key factor in proving negligence. For example, if a property owner ignores a known hazard, such as a broken stairwell that violates building codes, and this leads to an injury, the owner can be held liable. The victim’s legal team must demonstrate that the property owner’s failure to adhere to the code directly contributed to the injury. The Challenges In Proving Liability Proving liability in premises liability cases involving building code violations can be challenging. It requires a thorough understanding of both the specific codes relevant to the case and the circumstances of the accident. For instance, a building code violation might be considered negligence per se, but only if it directly caused the injury. If the violation was unrelated to the incident, it might not support the claim. Therefore, detailed investigation and legal expertise are crucial in these cases. The Importance Of Expert Testimony In Premises Liability Claims Expert testimony often plays a pivotal role in premises liability cases, especially when building codes are involved. Experts in fields like construction, architecture, and engineering can provide insights into how a violation of building codes may have led to unsafe conditions. Their testimony can help clarify complex technical details and establish a clear link between the violation and the accident. The Bottom Line Winning a premises liability claim often hinges on the intricate relationship between legal principles and building codes. Understanding this relationship is key to establishing liability and securing the compensation you deserve. Remember, while adherence to building codes is a significant factor, it does not always absolve property owners from responsibility in the event of an accident. Read Also: 3 Personality Traits of a Successful and High-Ranking Criminal Lawyer 5 Reasons Why You Should Take A Criminal Lawsuit Seriously Criminal Case – Dos And Donts

Forms Of Contract In Business Law

In the event that you are a businessperson and deal with contracts, it is most likely that you have observed the various types of contracts. This post will provide you with an overview of the two principal forms of contract in business law, namely express and implied-in-law contracts. An express contract is, in effect, a document that contains the terms and conditions of the contract between two or more parties. This type of contract is very much like a legal agreement that the courts will recognize. However, it bears noting that an express contract does not necessarily mean that it has been put into a written format. It may be just an oral agreement that is binding on both parties as long as there are no other conflicting terms. The other kind of contract that is put into written format is an implied-in-law contract, it is a legal contract that is against the law, but it has not been placed in a written form. On the other hand, an implied-in-law contract does not need to be written and is more akin to a general understanding between the parties. It may have been readily apparent to both parties at the time of formation and without any further agreement or specific conduct by either party. Types And Classifications Of Business Law Contracts: An express contract is a valid and legally binding agreement between two or more parties who intend the agreement to be for the whole of the legal rights and obligations that arise from the contracts without resorting to any additional procedures of law. On the other hand, an implied-in-law contract is a contract that is implied in law based on some of the known facts and circumstances, which as a result, leads to a contract being created between two or more parties. The concept of an implied-in-law contract establishes that the law will imply all obligations that are deemed necessary based on the facts and circumstances between two parties. According to legal experts and the courts, both express and implied-in-law contracts are entirely valid. However, the main difference between these two types of contracts is that an express contract is created by both parties, and it must be a written agreement. On the other hand, an implied-in-law contract can be established on a number of grounds, one of which is that a party may have received some of the benefits from another party but not necessarily through a written agreement. Forming A Contract: Contracts are formed when one or more parties agree to some conditions and terms, which are known as offers. As a result, the other party who receives the offer is also bound by the contracts, and this happens in most cases when there is an acceptance of the offer by the other party. When this happens, the formed contract is known as a binding contract, and both parties tend to be bound by the terms and conditions contained in the contract. When a contract is formed, and both parties acknowledge that the contract has been formed, the agreement will be put into writing for them to read. However, it becomes legally binding as soon as it is created, and both parties are bound by the terms. This means that the main terms of the contract will be written down, and each party will be bound by these terms. The formation of contracts mainly involves two parties who can agree on certain terms and conditions, or there can be an oral agreement between the parties who form a contract based on certain conditions. Common Contract Types: There are various forms of contracts in business law, and the main types of contracts that are generally adopted by parties include sales contracts, agency contracts, loan agreements, and service contracts. All these types of contracts aim at achieving one main purpose, which is to facilitate vehicles and ways through which parties can enter into a contract. It is also worth noting that all these types of business law contracts have certain similarities with respect to the same objective. Alongside this, each contract has certain provisions that are unique to each type. The main purpose of this is to make sure that each contract has certain provisions which are required to be included in different contracts. The types of contracts include sales contracts, agency contracts, loan agreements, and service contracts. A sales contract is perhaps the most common type of business law contract. It involves the sale of goods or services between two industries as well as two or more parties. This type of business law contract can be used by both businesses and consumers because they allow for the purchase and sale of goods or services from one party to another. Conclusion: Business law is quite extensive. As such, it requires the assistance of a professional to be able to deal with all types of contracts within the business. Looking for a business lawyer is essential if you want to avoid falling foul of the law and ensure that your business is legally sound. When dealing with contracts, it is advisable that you verify the credentials and experience of a lawyer before hiring them. This will ensure that your interests are protected when dealing with contracts. Read Also: How To Choose The Best Legal Structure For Your Business Using Short-Term Loans to Help Rebuild Your Credit Score Why Do Businesses Need a Lawyer’s Advice?

Along for the Ride: Passenger Rights in Vehicle Accidents

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What to Do If You Facing Foreclosure?

Winning Your Premises Liability Claim: The Intersection Of Law And Building Codes

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Along for the Ride: Passenger Rights in Vehicle Accidents

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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.

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Follow Us

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