Passenger Injury Lawyer Car Accident Compensation
A surprising number of passengers who suffer personal injury in a car crash believe that they cannot ask a passenger injury lawyer to claim for compensation if it was 'their' driver who was at fault and responsible for causing the collision and the subsequent injuries to the occupants of the car. The fact is that compensation can be claimed by anyone who has been injured as a result of another persons negligence and whether or not the passenger was in the 'wrong' or 'right' car is irrelevant. Provided that a passenger has not deliberately or recklessly distracted the driver, then they can claim damages. Passengers almost always get paid out quickly by insurance companies even when there is a liability dispute between the drivers. The insurers generally settle passenger injury claims at an early stage to prevent the passengers becoming involved in litigation thereby considerably increasing legal costs. Once liability has been decided the insurers then do an accounting process between themselves to balance the relative responsibility between the drivers but by this time the passenger's claims will have been long settled.
Whilst the driver of a car may be injured in a motor vehicle accident the passengers are usually more at risk of injury because passengers often do not see the collision coming and are not able to brace themselves nor do they have a steering wheel to hold for stability. Most drivers have air-bags to protect them and many passengers do not. There is an increased likelihood that a passenger will be ejected from the vehicle than the driver. In addition, passengers are less likely to wear a seatbelt and, depending on the nature of the accident, are usually at a greater risk of injury than the driver. If you need advice from a passenger injury lawyer just call the helpline.
Conflict of Interest
In the case of a motor vehicle accident, it is advisable that each injured party instruct their own personal injury lawyer, rather than all victims using the same one, just in case a conflict of interest arises. This is because an injured passenger has the right to file a claim against the driver of their own vehicle as well as the driver of the other vehicle and often does so in cases where both drivers are partly to blame. When the accident reconstruction has been completed by a passenger accident compensation claim lawyer, it could be determined that the passenger’s driver carried some or all of the blame for causing the accident. Sometimes it is both drivers who are negligent. In this kind of situation, a claim is filed against both drivers. In all cases the injured passenger will succeed in a personal injury compensation claim either against the third party driver or against their own driver or against both to some degree. A passenger cannot lose a personal injury compensation claim.
Passengers can be injured in several ways. They can be cut by glass flying from the windows. They can be injured by debris. Passengers can fracture their tibia and/or fibula due to impact with the area in front of them. Front seat passengers can strike their head against the windshield. Passengers in any part of the vehicle can be ejected from the vehicle if they are not wearing a restraining device. Concussions or loss of consciousness are possible and passengers can sustain neck injuries or back injuries due to a flexion extension injury to the spine at the time of impact.
In accident compensation claims for passenger personal injury, the case is easy to deal with if it has been determined that only one driver was at fault. A claim is made against that driver and the case proceeds on a 100% liability basis. If there has been a determination that more than one driver was negligent, the case becomes more complicated. The passenger injury lawyer must assess the percentage of negligence of all defendants and file appropriate claims for ultimate determination, either by agreement with the other party’s insurers or for determination by a judge after a hearing. In such cases, one claim may be won while another claim is denied or both cases may succeed or both may be lost. It all depends on how the evidence plays out and what the judge thinks of the lawyers arguments for negligence.
Young drivers as a whole are at a higher risk of being involved in a car accident when compared to other age groups. This age group is considered to be made up of those between the ages of 17 to 25.
There is a prevalent misconception that older drivers are more dangerous than other age groups. The fact is that older drivers are actually involved in relatively few car accidents when compared to younger drivers. An older driver's increased risk of fatal injuries is actually due to an overall higher level of poor health conditions and fragility. Older drivers also have a more difficult time recovering from injuries.
Facts & Figures
- There are hundreds of thousands of car accidents in Canada every year.
- Over 100,000 people are injured and over 2,000 people are killed annually.
- There is a death on Canadian roads almost every day.
- There are almost 50 serious injuries every day.
- Alcohol is involved in a third of fatal accidents.
- Over a third of fatalities did not wear a seat-belt.
- One child under the age of 4 years dies on the roads almost every week.
- The leading cause of death for people under 30 relates to car accidents.
- Hundreds of pedestrian are killed each year with over 10,000 injuries.
- A cyclist is killed in collisions with motor vehicles almost every week.
- SUV accidents account for the highest rate of fatalities as a result of a road accidents.
- Several motorcycle riders died in motorcycle crashes every week .
- The fatal crash rate for 16-year-old drivers is more than 7 times the rate for drivers aged 30 to 59 years.
Passenger Injury Lawyer
Our passenger injury lawyers offer expertise that is second to none. All of our lawyers deal exclusively in claims involving physical injury. If you have been injured as a passenger and would like to talk to an experienced car accident lawyer without obligation then just call the helpline or email our offices or complete and send the contact form and a passenger injury lawyer who deals exclusively in accident claims will phone you with free advice and information on how best to preserve your legal rights to compensation for your injuries.
An injured passenger should consult with a personal injury lawyer as soon as possible. No money is exchanged throughout the case. When your passenger injury lawyer wins the case and compensation is received, the lawyer takes an agreed portion of the claim as the legal fee. If your lawyer loses the case, you receive no money, and your lawyer receives no money. This is different from the situation with the defendant, who must pay their lawyer throughout the case.