If you were injured as a passenger in a car accident, you may be able to sue any negligent party who caused your injuries. Understanding who was at fault, whether there are multiple liable parties, and what losses you suffered is essential for a successful lawsuit.
If you were injured, the Southfield car accident lawyers at Hirsch, Gaugier & Khan can seek fair compensation for your losses.
Who Can You Sue as a Passenger in a Car Accident?
If you were injured as a passenger in a car accident, you may be wondering, “Who do I sue to pay for my medical bills?” The answer depends on the specific circumstances of the car accident.
Potentially liable parties include:
- The driver of the vehicle that you were a passenger in.
- Another driver.
- A commercial driver or their company.
- A government entity.
In some cases, multiple parties may be at fault for the accident. A Southfield personal injury lawyer from Hirsch, Gaugier & Khan can investigate to determine who was at fault.
Why Does Negligence Matter in Car Accident Lawsuits?
Who you can sue as a passenger in a car accident depends on who was at fault. To recover compensation in a car accident lawsuit, your lawyer must be able to prove that someone else’s negligence led to your losses. To do so, they must show that all four elements of negligence were present.
These four elements are:
- Duty of care: A driver owes a duty of care to passengers in their vehicle as well as others on the road. They uphold this responsibility by following traffic laws and taking safe actions.
- Breach of duty: A driver breaches their duty of care when they act carelessly or recklessly.
- Causation: The breach of duty leads directly to an accident.
- Damages: The accident leads directly to losses.
The legal team at Hirsch, Gaugier & Khan will prove these four elements through a careful investigation.
What Acts Count as Negligence?
Negligence typically involves a careless or reckless action. Some examples include:
- Drunk driving.
- Distracted driving.
- Speeding.
- Running red lights or disobeying other traffic signals.
- For commercial drivers, not following hours-of-service regulations.
- For companies, it can include not properly vetting employees, not offering proper training, or overloading cargo on vehicles.
- For government entities, not properly maintaining roads or allowing hazardous conditions to remain.
How Is Negligence Proven After a Car Accident?
Negligence is typically proven through an investigation and the evidence that is gathered during it. Your lawyer may gather evidence like:
- Witness testimony.
- Video footage from security cameras, traffic cameras, dash cams, and cell phones.
- Police reports.
- Physical evidence, like skid marks.
- Phone records (to prove distraction).
- Blood alcohol test results (to prove drunk driving).
- Black box data (if a commercial vehicle, like a delivery truck, was involved).
- Photos of the accident scene.
Hirsch, Gaugier & Khan may also consult with experts, such as accident reconstructionists, to help prove who was at fault.
What Is the Value of a Car Accident Settlement?
The value of a car accident settlement depends on the severity of your injuries and how they will continue to impact your life. For example, if a spinal cord injury caused paralysis and you will no longer be able to work, then you may be entitled to compensation for reduced earning capacity.
Your lawyer will listen to your story, review your current and expected losses, and advocate for compensation that covers the full scope of what you’ve lost.
You may be able to recover compensation for:
Economic Losses
These are the financial costs of your injuries. They can include losses you’ve already experienced, as well as the ones that you’ll likely face in the future because of your injuries. They can include:
- Medical expenses like emergency medical care, surgeries, doctor appointments, physical therapy, and hospitalization.
- Lost wages.
- Lost job benefits, like PTO.
- Diminished earning capacity.
- Home or vehicle modifications needed due to your injuries.
- Housekeeping costs while you recover.
- Child care costs while you recover.
If you have paid any medical bills or other accident-related expenses out of pocket already, make sure to retain the receipts. These can be important documentation for your car accident claim.
Non-Economic Losses
These are the physical and emotional impacts of the accident and your injuries. They can include:
- Pain and suffering.
- Loss of enjoyment.
- Permanent disability.
- Scarring and disfigurement.
- Emotional distress.
- Reduced quality of life.
- Loss of consortium.
Hirsch, Gaugier & Khan will seek the maximum compensation you are entitled to after an accident.
What Is the Deadline for Car Accident Lawsuits?
In Michigan, you generally have three years to file a car accident lawsuit under the statute of limitations. However, there are circumstances, including the at-fault party, that can shorten this deadline. For example, if a government agency is the at-fault party, then you may need to file a written notice of your claim in as little as 60 days.
Talk to a lawyer at Hirsch, Gaugier & Khan about the expected timeline for your case. The sooner you get started on your case, the better your chances of ensuring a timely filing.
Contact a Car Accident Attorney in Southfield Today
If you’re wondering, “Who can I sue as a passenger in a car accident?” you’ve likely been injured as a passenger in a car accident. The legal team at Hirsch, Gaugier & Khan can handle the entire legal process, while you focus on recovering.
Call Hirsch First. Our team works on contingency, so there are no upfront costs. Instead, you only pay our fees if we successfully recover compensation for you.
Reach out today to schedule a free consultation.
