Car accidents can cause severe injuries to all parties involved, including passengers. If you’re a passenger injured in a motor vehicle accident, you have the right to seek compensation through the at-fault driver’s insurance policy.
This article covers common passenger injuries, steps to take after an auto accident, and how a personal injury attorney can strengthen your case. While passengers aren’t behind the wheel, they’re entitled to fair compensation for their injuries.
Learn how to protect your rights and navigate the insurance claims process with the help of a skilled auto accident law firm.
Common Passenger Car Accident Injuries
Passengers and drivers can sustain similar injuries in car accidents. Common injuries include:
- Neck injuries: Whiplash can occur when a person’s head moves forcefully from front to back or side to side due to an impact. It can damage the soft tissues, making movement painful. If not treated promptly, whiplash can lead to chronic pain.
- Back injuries: Spinal cord injuries, herniated discs, sprains, fractured vertebrae, and more can cause discomfort.
- Airbag injuries: The airbag is intended to protect passengers after a car crash, but it can also cause injuries like burns, lacerations, bruises, broken noses, and more.
- Head injuries: Concussions, skull fractures, traumatic brain injuries, and more can happen when a passenger hits their head on the dashboard, window, or other surfaces.
- Broken bones: Many passengers will break their arms, legs, and other bones as a result of the car accident.
Injuries can happen immediately after a car accident, or you can face delayed injuries after the adrenaline has worn off. Seek immediate medical attention even if you feel fine. It’s the only way to ensure that you are unharmed. You don’t want to risk delayed injuries that could be life-threatening.
Immediate Steps After an Accident
So many people wonder what to do if injured in a car accident as a passenger. The good news is it’s not that different than if you were the driver. Here are some immediate steps you can take.
Check for Injuries
First, you should assess yourself and others for severe or minor injuries. Look for bleeding, broken bones, and other visible injuries. Knowing the extent of the injuries will help you relay the scene to emergency services when you call them.
Do not move anyone in pain unless they are in imminent danger. If you do, you could accidentally cause additional harm.
Call Emergency Services
Once you have a clear idea of what’s going on, call 911 and provide all the required information, including:
- Where you are
- What happened
- If anyone is injured
- If you need emergency services
The 911 operator may ask additional questions, and the call will be recorded. Anything you say may be admissible in court, so be straightforward and direct without adding too many unnecessary details. They may be held against you later if what you said to emergency services contradicts your later statement.
Move to a Safe Location
If you can, move to a safe location. If you are standing in the middle of the street, move to the sidewalk. Get yourself and others out of immediate danger while waiting for the police to arrive.
Instruct the driver to put their hazard lights on. If available, they can also use flares and traffic cones to help redirect traffic away from the crash scene. If possible, don’t move the car until it’s been documented by the police.
Gather Information
As you wait, gather the name and contact information of the other parties involved. Write down their insurance information. You will file your auto insurance claim against the at-fault driver for the accident, so ensure you get their information.
Additionally, get the name and contact information of any witnesses. They may be called to offer depositions or testimony to help corroborate your version of events.
Document the Scene
Take pictures of the accident scene. Document all cars involved in the accident from various angles. Capture where you were sitting and the damage sustained to that side. Snap photos of your surroundings, injuries, and anything else you can think of.
The more evidence you have, the stronger your car accident claim will be. The police report and medical records can also substantiate your insurance claim to help you get maximum compensation.
Legal Considerations
An injured passenger should consider the following if they plan to file a personal injury claim.
Filing a Claim With the Insurance Company
Even if you weren’t driving the car, you must still file a claim with your own car insurance company. They will start the claims process with the other driver. Working with an insurance company can be challenging for many people, so consider consulting with a lawyer. They can help negotiate with car insurance companies for the best settlement.
Police Report
Police reports are critical pieces of evidence when a car accident occurs. They are unbiased official records of what happened by an impartial third party. They include facts and drawings of the crash scene.
Police reports can help establish liability. Even if you are just a passenger, the police report will help you build your case. Verify that it includes the name and badge number of the responding officer. If it doesn’t, make sure to secure that information. The officer may be called to testify if the case goes to court.
Witness Statements
Every story has multiple sides, including an auto accident, so getting witness statements can help determine the validity of your version of events. If the stories match, it can help support your case.
Get the name and contact information of people who witnessed the accident. Ask them if they consent to being contacted. Not all witnesses will want to get involved, and that’s okay. Do your best to get witness statements and hand that information to your legal representation. They can continue the investigation on your behalf.
Seeking Medical Attention
Some passengers may refuse medical attention at the accident scene. If you believe you don’t have serious injuries, you can bring yourself to the doctor to get care after the fact.
No matter how you feel, you should seek immediate medical care after a car accident to ensure no hidden issues. You will also need the record for future claims.
Delayed Injuries
Not all injuries present themselves immediately after a car accident. Sometimes, the adrenaline is too high, or your focus is elsewhere. You’re not pretending or hiding anything. You actually can’t tell that you’re also injured.
Delayed injuries can occur hours, days, or weeks after an auto accident. Examples of delayed injuries can include:
- Concussions
- Internal bleeding
- Back injuries
- Sprains
- Strains
- Neck pain
You don’t want to wait too long to get treatment because you risk the diagnosis being outside the statute of limitations for many insurance companies. The insurance company wants you to get prompt treatment so it’s clear that the injury was sustained due to the car accident.
While the health insurance policy may vary, most require the initial medical treatment within 72 hours of the initial injury, though some can give victims up to 14 days.
Even if you don’t think that you are harmed, you should still seek medical treatment. It can help provide the necessary documentation for any future passenger injury claims. Medical bills and medical expenses can be covered under personal injury cases if properly documented.
How to Find a Doctor
Depending on the extent of your injuries, your general practitioner may not be able to treat your car accident injuries adequately. You may need to find a specialist, and suggestions on how to do so include:
- Ask your doctor for recommendations. They can provide a referral to help you get seen quicker.
- Search online, look at customer reviews and doctor ratings, verify their specialty, and call to ask if they are taking new patients.
- Ask your insurance. Many health insurance companies have a repository of in-network doctors across all specialties.
Following a car accident, you may need a doctor, surgeon, chiropractor, physical therapist, mental health professional, and more. Your initial consultation can help steer you in the right direction to get you the necessary care from a qualified specialist.
Consulting With a Lawyer
As you navigate the aftereffects of getting into an auto accident as a passenger, you should consult a lawyer. They offer invaluable legal assistance during car accident claims.
Legal Advice
A lawyer can help you understand your rights and options when filing insurance claims. They review your case details and recommend legal actions to help you get justice.
Knowing your rights as a passenger can be challenging, but personal injury attorneys are well-versed in the law. They can help explain the legal process, provide guidance, and help prepare you for what’s to come. An experienced car accident attorney will make you feel secure and supported from the first day.
Negotiation
If you’re an accident victim, lawyers will help you negotiate with insurance companies to secure the maximum compensation. They have a minimum settlement you will accept and do their best to secure it. Lawyers don’t fall for the games that insurance companies play.
- They understand the first offer is often a lowball and will counter it with a more reasonable request.
- They will provide documentation requests within reason – and call them out when their requests become burdensome.
- They will move the claim along when insurance companies try to delay the claims process.
Ultimately, they interface with the insurance company, so you don’t have to.
Maximizing Compensation
Lawyers can help you obtain maximum compensation for your injuries. These compensatory damages include:
- Medical bills: Doctor’s visits, physical therapy, prescription medicine, and more can be covered. This includes past, current, and future medical bills.
- Pain and suffering: Lawyers can assign a monetary value to your intangible pain and suffering.
- Lost wages: If you cannot work due to the accident, your lawyer can cover current and future lost wages.
- Damage to personal property: Even if you weren’t driving, you can get compensated if any of your personal property was damaged during the accident. These possessions include phones, tablets, purses, etc.
Your personal injury lawsuit is a comprehensive look at the damages you sustained as a passenger in a car accident. Your attorney is your advocate during the entire process and helps you recover damages for your losses.
Secure Expert Legal Counsel!
A passenger in a car accident may face serious injuries and other personal harm. These effects can be expensive and long-lasting. To claim compensation in car accident cases, contact a personal injury lawyer to learn more about your rights.
Rosenfeld Injury Lawyers are dedicated to helping auto accident victims pursue justice and secure compensation for damages suffered. As professionals, we treat all our car accident victims and injured passengers with care and compassion.
Call us today at (888) 424-5757 or fill out our contact form to book a free consultation with a Chicago auto accident attorney.