When riding as a passenger, you anticipate that the driver will not act negligently or recklessly while behind the wheel. However, some motorists may not adhere to safe driving practices or may become distracted at some point during the journey. If the driver's negligence causes a car accident, you may be required to file a complex claim.

The aftermath of a catastrophic accident can be stressful for a variety of reasons, including car repairs, excessive medical expenses, and mental anguish. It is essential for a passenger who has been injured to understand their rights and be aware of the coverage provided by insurance policies in Pennsylvania. Fortunately, relatively few individuals could be responsible for the injured passenger. This will facilitate the passenger's ability to file a lawsuit, if necessary. If you were a passenger in a vehicle whose driver was involved in a car accident, you should immediately consult an experienced Pennsylvania car accident attorney.

Determining Liability for Passenger Injuries

Liability is complex and will vary depending on the specifics of your accident. Pennsylvania is a no-fault state, which means you should first turn to your driver's insurance policy for economic coverage if another vehicle is involved in an accident, regardless of who is at fault. Typically, no-fault insurance covers economic damages, such as car repairs or lost wages, but does not always compensate for severe physical injuries and/or emotional distress.

Before filing a lawsuit in the case of a two-car accident, additional factors must be considered. Any driver in Pennsylvania would either have full tort coverage or limited tort coverage. When the other vehicle is at fault and a passenger is injured, both forms of insurance are applicable. Although limited tort insurance is less expensive, it only covers severe and irreparable injuries, such as death or significant disfigurement. Subsequently, it is possible for insurance companies to deny claims that do not meet this standard, despite the fact that a passenger may have suffered serious physical or mental injuries.

If, on the other hand, you believe that the driver you shared a car with was solely responsible for your injuries, you may have to settle your claim directly with that driver. If the motorist is a family member, the driver's insurance policy may contain a provision covering injuries to family members.

There are also circumstances in which the driver may not be liable if an unforeseen event caused the collision. For instance, if someone was driving during a storm and a tree abruptly fell into their vehicle, the driver may not be liable for any injuries that resulted. If your vehicle malfunctioned, a third party, such as the vehicle's manufacturer, may be liable for your injuries instead of the driver.

Prior to filing an insurance claim, it is essential that you get immediate medical attention in order to determine the complete extent of your injuries. You may have sustained an injury that will likely worsen over time. After getting medical treatment, you can seek compensation from the insurance policy of the negligent driver(s).

If the negligent driver's insurance coverage does not fully cover your injuries, it may be wise to file a lawsuit. If you are considering filing a lawsuit against the negligent driver(s), it may be beneficial to photograph your injuries if possible. Continue reading and consult an experienced PA personal injury attorney to learn more about the legal procedures associated with passenger car accidents.

Filing a Claim for Damages Against Multiple Drivers

It may be hard to imagine, but you may have to file a claim against a friend for causing a serious accident in which you were seriously injured. However, you may encounter obstacles when seeking compensation for your injuries. For instance, if you are related to the driver, their insurance policy may include a clause that compensates family members and other passengers injured in a collision involving their vehicle. It is possible for the owner of the vehicle to obtain this protection without even being in the vehicle.

If you choose to file a lawsuit against the other driver, the other driver's insurance company may try to minimize your injury claim. They may attempt to do so by arguing that the motorist in your vehicle caused the collision and that you should seek compensation from them.

Consult with an experienced PA car accident attorney if you're having difficulty determining the appropriate party to file a claim against. Brandon J. Broderick  can assist you in deciding whether to file a personal injury claim against one or multiple parties. If you were injured in a car accident while riding as a passenger with a driver for a ridesharing company like Uber or Lyft, their insurance company may offer you compensation.

If you are contemplating filing a personal injury lawsuit, you should be aware that you have only two years to do so. If you attempt to submit your claim after the deadline has passed, the court may dismiss your claim. In certain circumstances, it is possible to extend the registration deadline for your case. For instance, if you weren't aware of your injuries until weeks after the disaster, this could impact your filing deadline.

I was a Passenger in a PA Car Accident, Should I File a Lawsuit?

If you were injured as a passenger due to the negligence of a driver, it is crucial that you file your personal injury claim within the statute of limitations. The statute of limitations, also known as the prescriptive period, is a law that sets a deadline for initiating a lawsuit. If you fail to seek legal recourse within the allotted time, it is possible that your case will no longer be eligible and you will not receive the compensation to which you are entitled. The statute of limitations for personal injury litigation in Pennsylvania is two years from the time a claim accrues or two years from the time the traffic accident occurred.

There may be exceptions to the statute of limitations' strict deadline, permitting the court to hear your case even if it is two years after the accident. If the plaintiff is a minor, the defendant has left Pennsylvania, or the defendant attempts to conceal evidence that establishes their liability, the statute of limitations is tolled, which is legalese for extended. If you submit a third-party insurance claim with the expectation of settling out of court, it may be prudent to keep the court option open rather than relying solely on the insurance coverage. In addition, if you wish to file a lawsuit as a possible option, you must be aware that if you miss the two-year deadline, your case may be dismissed.

If you were a passenger in a vehicle that was involved in an accident, it is likely that one of the drivers is responsible for your injuries. Pennsylvania follows the modified comparative negligence standard, which means that the court will determine the proportion of fault for each driver involved in an accident. A driver who is partially at fault for an accident can still receive compensation as long as he or she is not at least 51 percent at fault. This indicates that the motorist at the time of the collision may be entitled to financial compensation. In addition, the amount of compensation a plaintiff receives is proportional to the driver's degree of fault for the collision.

You may file a lawsuit against both or all drivers if you are a passenger who has been injured and are unsure which driver is solely at fault. According to Pennsylvania law, if one motorist is 40% at fault for your accident, they will be responsible for 40% of your injury compensation, while the other driver will be responsible for the remaining 60%. (s). It is essential to obtain the driver's contact information, license number, insurance company, and vehicle make. Our highly qualified auto accident attorneys in PA are available to assist you in gathering evidence and obtaining statements from key witnesses in order to establish negligence against one or more parties.

Let Attorney Brandon J. Broderick Help You if You Were Riding as a Passenger During a Car Accident in PA

Consult with a committed and experienced Pennsylvania personal injury attorney if you were injured in a car accident while traveling as a passenger. Establishing driver negligence in court is challenging, but the attorneys at Brandon J. Broderick understand the nuances of the legal system in order to construct your case in the most effective manner. Our legal team has decades of experience and would be honored to represent you in your personal injury claim. Our Pennsylvania auto accident attorneys are here to help. To schedule a complimentary consultation, contact us immediately.