Passengers involved in car accidents may be eligible to pursue full compensation for their injuries under Wisconsin law. As a passenger, you may be able to file an injury claim against any driver who was negligent and caused the crash. Depending on the situation, you may be able to file a claim with the insurance companies for the driver of the vehicle you were in, and the other driver involved in the crash.
If you or a loved one has been injured in a car accident, Sigman Janssen is here to help. We have been providing legal counsel to injury victims for nearly 100 years, recovering millions in compensation on their behalf. We are ready to conduct a detailed investigation and gather supportive evidence to determine who bears fault for your injuries. The initial consultation is free without any obligation involved.
Call (877) 888-5201 to get started.
Knowing Your Legal Rights as a Passenger
If were a passenger in a car accident, you may have a legal right to file an injury claim. In Wisconsin, drivers are responsible for compensating injured passengers if they were negligent in causing the crash.
In some instances, only one driver may be to blame for an accident, but that may not always be the case. You may be able to sue one or more drivers for your injuries if it can be proven that their actions caused the crash. An experienced lawyer can help you pursue full compensation for your damages.
Determining Liability for Each Driver
The liability of each driver will need to be determined so your lawyer knows which insurance companies may be on the hook for damages. As an injured passenger, your claim may involve both drivers’ insurance companies unless one driver is absolved from responsibility for the crash.
The total amount of compensation covered by each drivers’ insurer will depend on their individual degree of fault. For instance, if each driver is deemed equally at fault, they may split the cost of a passenger’s expenses evenly.
However, if the driver of the vehicle the passenger was riding in was found 60 percent responsible and the other driver involved was found 40 percent responsible, one party would pay 60 percent and the other 40 percent. However, there are instances when the 60% at-fault driver can be responsible for 100% of the damages. This is called joint and several liability. This is a complicated concept and requires an experienced law firm to evaluate and pursue damages from the appropriate parties and insurers.
It is important to note that a passenger could also share fault. Even if you are partially responsible, you may still be able to recover compensation, provided you are not more at fault than any other party.
Challenges Involved in Suing Both Drivers
Pursuing injury claims against more than one driver can be challenging for several reasons.
Both drivers involved may point the finger at one another and say that the other was completely responsible for the car accident. If you decide to file a claim against only one driver and that driver was not found to be negligent, you may be unable to recover compensation. If that driver was only deemed partially at fault, you may not be able to recover the compensation you need to cover the extent of your injuries.
That is why you need a trusted attorney at your side to help you pursue compensation from all liable parties. Claims involving multiple insurance policies can quickly become complicated, particularly if you try to manage things on your own.
You may not be the only passenger involved. If multiple passengers were injured in the crash, it may be harder to file an injury claim and get the compensation you need.
For instance, say a driver rear-ends another vehicle with three passengers. Every passenger suffers injuries and files a claim against the negligent driver. They are making a claim against the same policy. The at-fault driver may not have enough liability insurance to cover all injured passengers. If your damages are more than the driver’s policy limit, the remaining balance will not be covered by the driver’s insurer. In these instances, there may be underinsured motorist coverage available for your damages. However, there are specific procedures and notices that must be filed in order to preserve your ability to pursue an underinsured motorist coverage claim.
Consult With a Licensed Attorney Today
A licensed auto accident attorney in Green Bay is ready to advocate for you if you have been injured in an accident. Find out how we may be able to help you by scheduling a free initial consultation today. There is no risk in reaching out to get answers to your questions and no obligation to hire our firm.
If you have a valid case, there are zero upfront fees to retain our legal services. We only get paid if we successfully help you recover compensation through a settlement or court verdict.
Free Case Review. Ph: (877) 888-5201