Can a Passenger Sue Both Drivers?

Car accidents | September 4, 2020

Can a passenger sue both drivers?

Getting into a car accident as a passenger can be a terrifying experience. Passengers are just as likely as drivers to sustain injuries in an accident, and it is important to understand that passengers should be entitled to recover insurance compensation for their expenses.

In most states throughout the country, including Illinois, liability for these incidents will be determined by discovering which driver caused the crash. This can be challenging for a passenger, particularly if more than one driver shared blame for the incident.

Consider Working With A Car Accident Attorney

If you are a passenger that was injured in a car accident, you should immediately consider working with a skilled Chicago car accident attorney. These cases can become complicated, and it is important to have an advocate on your side to ensure you obtain maximum compensation for your losses. Yes, one of the drivers involved is likely an acquaintance of yours, maybe even a friend or family member. However, it is important not to make this personal. Your health and financial well-being are of the utmost importance.

Determining Each Driver’s Liability

The liability of each driver involved will need to be determined. This will be the case regardless of whether or not there are any passengers, as liability is key for determining which insurance carrier will pay compensation for the incident. However, as an injured passenger, your claim may involve both drivers’ insurance carriers. Unless one driver is completely absolved of responsibility for the incident, a passenger may need to file a claim (or even a lawsuit) against both drivers to recover compensation.

The total amount of compensation that is covered by each drivers’ insurance carrier will depend on the amount of fault they had for the incident. For example, if a jury determines that each driver is equally responsible, then they were both split coverage for the passenger’s expenses evenly. However, suppose Driver A was found to be 70% responsible, and Driver B was found to be 30% responsible. In this case, Driver A will cover 70% of the passenger’s expenses, and Driver B will cover 30% of the passenger’s expenses.

What Type Of Compensation Is Available To Passengers?

If you have been a passenger in a vehicle that was involved in an accident and sustained injuries, there may be various types of compensation available for your claim. This can include the following types of economic and non-economic compensation:

  • Full coverage of medical expenses related to the crash
  • Lost income if you cannot work while you recover
  • General household out-of-pocket expenses you incur
  • Pain and suffering damages
  • Loss of personal enjoyment damages
  • Possible punitive damages against a grossly negligent driver

Car accident claims can become incredibly complicated, and this is particularly true for passengers who may have to file claims against both drivers. Passengers are often disregarded in these cases, particularly when aggressive insurance carriers become involved. If you are a passenger that has been injured in an accident, do not hesitate to speak to out Chicago personal injury lawyers today. Our experienced team of attorneys can help protect you and your loved ones against aggressive insurance carriers and at-fault parties.