Can You File a Personal Injury Claim If You Were Injured as a Passenger in Texas?

Being a passenger in a car accident can leave you with serious injuries, medical bills, and questions about who is responsible for your losses. Many passengers assume they cannot file a personal injury claim because they were not driving. That is not necessarily true.

If you were injured as a passenger in a car accident in McAllen, Edinburg, Mission, Pharr, or elsewhere in the Rio Grande Valley, you may be able to pursue compensation from the person or parties whose negligence caused the crash.

The specific insurance coverage and legal options available depend on the facts of the accident. An experienced Texas personal injury attorney can help evaluate what happened and identify potentially responsible parties.

Can a Passenger File a Personal Injury Claim After a Car Accident?

Yes. A passenger injured in a car accident may have a personal injury claim if another person’s negligence caused the crash.

For example, a passenger may be injured in a collision caused by:

• The driver of the vehicle they were riding in
• The driver of another vehicle
• Multiple negligent drivers
• A commercial truck driver or trucking company
• A defective vehicle part or product
• Dangerous roadway conditions in certain circumstances

The fact that you were only a passenger does not automatically prevent you from seeking compensation for accident-related injuries.

Who Can Be Responsible for a Passenger’s Injuries?

Determining who is responsible for a passenger’s injuries requires examining how the accident happened.

The Driver of the Vehicle You Were Riding In

If the driver of your vehicle was speeding, distracted, intoxicated, or otherwise negligent, that driver’s conduct may have contributed to the crash.

Passengers are sometimes hesitant to pursue a claim when the at-fault driver is a friend, family member, or someone they know. However, a personal injury claim is generally directed at the responsible party’s available insurance coverage rather than simply demanding that the individual personally pay every expense.

Another Driver

If another motorist caused the accident, the injured passenger may have a claim against that driver’s insurance.

Examples include a driver who:

• Ran a red light
• Failed to yield
• Was texting while driving
• Followed too closely
• Was driving under the influence
• Crossed into oncoming traffic

Multiple Drivers

Sometimes more than one person contributes to a collision. In these situations, determining responsibility can become more complicated.

Texas law addresses comparative responsibility, meaning the amount of compensation may depend on the percentage of responsibility assigned to each party. The specific facts of the accident matter.

What Insurance May Cover an Injured Passenger?

Insurance coverage can vary depending on the circumstances of the crash and the policies involved.

Potential sources of coverage may include:

• The at-fault driver’s liability insurance
• The vehicle owner’s insurance policy
• Uninsured or underinsured motorist coverage
• Personal Injury Protection coverage, when applicable
• Other potentially applicable insurance policies

Texas Department of Insurance information explains that Personal Injury Protection coverage can pay certain reasonable costs resulting from an auto accident, depending on the policy and circumstances.

Because multiple insurance policies may be involved, passengers should be careful about assuming that the first insurance company they speak with is the only possible source of compensation.

Can You File a Claim Against a Friend or Family Member?

This is one of the most common concerns injured passengers have.

If the driver who caused the accident is a friend, family member, or someone you know, you may still have a personal injury claim. In many situations, the claim involves available insurance coverage.

The purpose of a personal injury claim is to seek compensation for damages caused by another person’s negligence. An injured passenger should not have to pay out of pocket for medical expenses and other losses simply because they know the person who may have caused the accident.

What Compensation Can an Injured Passenger Seek?

Depending on the circumstances of the case, compensation may be available for damages such as:

• Emergency medical treatment
• Hospital bills
• Doctor appointments
• Physical therapy
• Prescription medications
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Permanent impairment
• Disfigurement
• Other accident-related losses

Serious injuries can require ongoing treatment and rehabilitation. It is important to understand the full extent of your injuries before accepting a settlement from an insurance company.

What Should You Do After Being Injured as a Passenger?

If you are injured in a car accident, take steps to protect your health and preserve important information.

Seek Medical Attention

Some injuries may not be immediately obvious after a crash. Adrenaline can temporarily mask pain, and symptoms from certain injuries may appear later.

Follow up with a medical professional and follow the recommended treatment plan.

Report the Accident

Call 911 when appropriate and make sure the accident is properly reported.

A police report may contain important information about the collision, the drivers involved, witnesses, and possible contributing factors.

Collect Information

If you are physically able to do so, gather information about the accident, including:

• Names and contact information of the drivers
• Insurance information
• Vehicle information
• Witness contact information
• Photos of the accident scene and visible injuries

Be Careful When Speaking With Insurance Companies

Insurance adjusters may ask questions about the accident and your injuries. You should be truthful, but avoid guessing or speculating about details you do not remember.

Do not assume that an insurance company’s first settlement offer reflects the full value of your claim.

Avoid Posting About the Accident Online

Photos, videos, and comments on social media can potentially be taken out of context during an insurance claim or personal injury case.

It is generally best to avoid posting details about your accident, injuries, recovery, or claim until you have received appropriate legal guidance.

What If the Driver Who Caused the Accident Was Uninsured?

A passenger may still have potential options even when the at-fault driver does not have sufficient insurance.

Uninsured and underinsured motorist coverage may be relevant depending on the policies involved. The availability of coverage and the process for making a claim can depend on the specific circumstances and policy language.

Insurance issues can become particularly complicated when the passenger, the vehicle owner, and the at-fault driver are different people.

What If the Passenger Was Partially Responsible?

In most passenger injury cases, the passenger is not responsible for how the driver operated the vehicle.

However, the specific facts of each case matter. For example, issues involving a passenger’s conduct, seat belt use, or other circumstances may affect the legal analysis depending on the facts and applicable law.

An attorney can review the details of the accident and explain how those issues may affect a potential claim.

How Long Do You Have to File a Personal Injury Claim in Texas?

Texas generally requires a personal injury lawsuit to be filed within two years after the cause of action accrues. However, exceptions and special circumstances may apply, so the deadline in a particular case should not be assumed without reviewing the facts.

Waiting too long can make it more difficult to preserve evidence and may affect your legal rights. If you were injured in a car accident, it is best to seek legal guidance as soon as reasonably possible.

Contact a McAllen Personal Injury Attorney After a Passenger Injury

Being a passenger does not mean you have to handle the aftermath of a serious car accident alone. If another person’s negligence caused your injuries, you may have options for seeking compensation.

Brasure Law Firm, PLLC represents injured people throughout McAllen, Edinburg, Mission, Pharr, and communities across the Rio Grande Valley. Our team can review the circumstances of your accident, investigate potential sources of insurance coverage, and help you understand your legal options.

If you or someone you love was injured as a passenger in a car accident, contact Brasure Law Firm to schedule a free consultation.