Suing if You Were a Passenger in a Car Accident in Texas

Car accidents can leave you feeling overwhelmed as you do your best to balance your physical and mental recovery with pursuing a financial settlement.

Automotive collisions are even more frustrating if the driver of the car you were in caused the crash.

However, Texas is an at-fault state, meaning all drivers must carry an insurance policy that can cover any medical and property damage their careless driving causes to their passengers or anyone else. 

Remember, you’re asking the negligent driver’s insurance to cover the cost of the damages, not the driver themselves. If you were a passenger in a car accident in Texas, the driver’s insurance company may be liable for your physical, mental, and financial compensation. 

Suing if You Were a Passenger in a Car Accident in Texas — Key Takeaways 

• If you were a passenger hurt in a car accident in Texas, the at-fault driver is responsible for the injuries the collision caused, and you’re eligible for compensation. 
• You can file a claim with the negligent or careless driver’s insurance company regardless of whether the driver’s injuries are more or less severe than yours.
• After reporting the incident to 911, the next steps are seeking medical attention for your injuries, documenting your medical records, and consulting a car accident injury lawyer to negotiate with the driver’s insurance company on your behalf. 

If the driver of the car you were in caused the crash and they’re a friend of yours, their insurance may try to guilt-trip you into taking a smaller settlement than you deserve. Maybe the driver was a stranger. For example, if you were an Uber passenger, Uber’s insurance is responsible for anything the driver’s insurance can’t cover. 

In either case, insurance companies will try to convince you not to bring a case against them. At the very least, you’re entitled to know your rights in the situation. This article covers exactly what to do if you were injured as a passenger in a car crash in Texas. 

We’ll go over the steps to take immediately following the crash in detail. We’ll also discuss your right to an insurance settlement. Finally, we’ll review the importance of a free consultation with a seasoned personal injury firm like Zinda Law Group before accepting any premature offer the driver’s insurance makes.

What to Do if You Were Injured in a Car Accident as a Passenger 

Report the Accident

If you were a passenger in a car crash, the first thing to do if you’re physically able to is to report the accident by calling 911. A reporting officer will come to the scene and write an accident report, including visual descriptions and witness statements. 

The officer’s report will include the names and contact info of everyone involved and their initial impression of how the accident happened and who caused it. In their report, an officer can provide their opinion on who caused the accident. While this isn’t the end-all-be-all of determining fault, an officer’s opinion can become weighty evidence for either side. 

Document the Incident

Take photographs of the accident scene, the vehicles involved in the crash, property damage, or any traffic control signs present that may have contributed to the collision. Take care to avoid endangering yourself and others while documenting the incident, prioritizing your health first and foremost. 

Get Medical Attention

Assess your injuries and seek medical services immediately if you observe bleeding or severe pain, especially in the head, neck, and back. If you’re unsure of your injuries’ severity or pain levels, the safest course of action is to seek medical assistance to confirm your conditions aren’t severe. 

Refuse Premature Settlement Offers

If you were a passenger in a car accident, settlements from the driver’s insurance should cover all your medical bills, lost wages, pain and suffering, etc. The negligent driver’s insurance company will typically call any injured passengers and offer them a default settlement that may sound enticing while you’re out of work and collecting medical bills. 

Insurance companies intentionally make these offers early. Clients injured in a car crash as a passenger might feel that their injuries are minor at first, only to find that their road to recovery is more painful and expensive than they first thought. 

Insurance companies typically attach an agreement not to sue to these early, minimal settlements. So, once you agree to the settlement and cash the check, you may no longer pursue compensation, even if the medical bills keep piling up.

We advise you not to accept any settlement amount without consulting an experienced car accident lawyer in Texas for a free attorney consultation.

Contact a Car Accident Lawyer

Most car accident attorneys in Texas offer free consultations, including the seasoned staff at Zinda Law Group. An experienced personal injury attorney can estimate the value of your case by helping you explore your options and set realistic goals and expectations for the settlement you deserve. 

Zinda Law’s experienced car accident attorneys will walk you through the whole process. We’ll start by examining the evidence, medical records, and police reports and then respond to the insurance company on your behalf to negotiate and settle your claim.

Can a Passenger Sue a Driver After a Personal Injury in Texas?

Texas law gives the person who was least responsible for the accident the highest chance of recovering their losses. Passengers hurt in a car crash are typically considered the least negligent party involved unless their driver proves the passenger contributed to the accident in some way.  

Can a Passenger Sue the Other Driver After a Personal Injury in Texas? 

If another driver’s negligence caused injuries or losses to you and the driver of the car you were in as a passenger in a car accident, the most negligent driver’s insurance company pays the settlement. We suggest having an experienced car accident lawyer in Texas evaluate your case. 

A knowledgeable attorney will let you know if it’s more efficient to sue the other driver separately due to conflicts of interest. In other cases, the attorney may suggest you file a joint claim together with the driver of your vehicle. 

Final Thoughts on Legal Support if You Were a Passenger in a Car Accident: 

If you or someone you know were injured in a car accident as a passenger, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, loss of quality of life, etc.

But be wary, insurance companies are masters at invalidating your claim to save money. If you’re friends with the driver responsible for your injuries, they’ll try to convince you that you’re doing something wrong by looking to your friend’s insurance for a financial settlement. 

Remember, you’re not going after your friend‌. You’re going after their insurance company who’s been taking your friend’s money for years. At the very least, you have the right to know your options. The negligent driver’s insurance company is responsible for supporting your friend and paying for the damages they caused–they’re charging your friend hundreds of dollars a month either way. 

So don’t let the insurance companies victim blame you and push you around. At Zinda Law Group, our personal injury lawyers have helped thousands of crash victims get their lives back on track after a collision.

We’ll fight tirelessly to protect your legal rights and help you seek maximum compensation for medical bills, property damage, loss of income, pain and suffering, and more. We also work on a contingency fee basis, which means you pay nothing unless we win.