Can Passengers Sue Negligent Drivers After a Car Accident in Texas?
In the aftermath of a car accident, all vehicle occupants may find themselves facing physical injuries, emotional trauma, and financial burdens. While most people are familiar with the idea of drivers suing each other for damages, passengers also have legal rights that allow them to seek compensation. In Texas, passengers can sue the driver of the vehicle they were in, as well as the driver of the other vehicle involved in the accident, depending on the circumstances. Read on as we explore the nuances of these legal options. If you or a loved one were hurt in a car accident in Texas, contact McLemore, Reddell, & Story, P.L.L.C. to speak with a knowledgeable and experienced Houston personal injury lawyer.
Suing the Driver of the Vehicle You Were In
It’s a common misconception that as a passenger, you cannot sue the driver of the vehicle you were in. However, if the driver’s negligence or reckless behavior caused or contributed to the accident, you have the right to seek compensation for your injuries. This includes scenarios where the driver was speeding, driving under the influence, distracted, or failed to obey traffic laws.
In such cases, you can file a personal injury claim against the driver’s insurance policy. It’s important to remember that you’re not suing the individual personally, but rather making a claim against their insurance coverage. This distinction is crucial as it often alleviates concerns about damaging personal relationships with the driver, who might be a friend or family member. This is precisely what liability insurance is for (and why it’s required by law), and you needn’t feel bad about making a claim.
Suing the Driver of the Other Vehicle
If the accident was primarily caused by the negligence of the driver of the other vehicle, you have the right to sue that driver for damages. This is a more straightforward scenario, as it involves holding the at-fault party responsible for their actions. In Texas, you can pursue a claim against the other driver’s insurance policy to cover medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Comparative Negligence in Texas
It’s important to note that Texas follows a modified comparative negligence rule, which means that your ability to recover damages can be affected if you’re found to be partially at fault for the accident. For example, if you were not wearing a seatbelt at the time of the crash or if your reckless behavior created an unreasonable distraction to the driver, this could impact your claim. As long as your percentage of fault is less than 51%, you can still recover damages, but the amount will be reduced by your percentage of fault.
Seeking Legal Assistance After a Car Accident in Texas
Navigating the legal process after a car accident can be complex, especially when it involves suing a driver for damages. At McLemore, Reddell, & Story, P.L.L.C., we understand the intricacies of personal injury law in Texas and are committed to helping accident victims seek the justice and compensation they deserve. Our experienced attorneys can evaluate your case, advise you on your legal options, and represent you in negotiations with insurance companies or in court if necessary.
If you or a loved one has been injured in a car accident, whether as a driver or a passenger, don’t hesitate to reach out to us for a free consultation. We’re here to support you through every step of the legal process and ensure that your rights are protected. In Houston and throughout Texas, call McLemore, Reddell, & Story, P.L.L.C. at 713-303-8543 to discuss your claim.
