Just because you choose to ride in the car with someone does not always mean you can trust their driving skills or habits. But if someone driving you around caused an accident, can you sue them as a passenger? Probably, as a car accident lawyer in CA will tell you.
California gives passengers several rights to help protect them in the event of an accident. Under basic negligence laws, you can file a claim against the at-fault party in an accident — even if you were in the car with that person.
Here’s what you need to know about passenger rights and the possibility of suing a driver as a passenger in California.
California Passenger Rights
In California, drivers owe a duty of care to their passengers, other drivers, pedestrians, and anyone else they may encounter while operating a vehicle. This duty of care is a legal responsibility to drive safely and avoid harming others.
When a driver breaches that duty of care, causing an accident that injures you as a passenger, you have the right to seek compensation. You may also have the right to pursue funds from another driver who caused the accident in which you were a passenger of the not-at-fault driver.
You can do so through an insurance claim or a personal injury lawsuit. Talk to a car accident lawyer in CA about which option is right for your case.
Filing an Insurance Claim Against the Driver
Your process for filing an insurance claim depends on a few factors:
- Who was at fault for the accident (i.e., your driver or the driver of another vehicle)
- The insurance policy coverage the at-fault driver has
California law requires all motorists to carry uninsured motorist coverage to cover their injuries and expenses in an accident where the at-fault driver was uninsured. But ideally, you’ll be able to seek compensation through the at-fault driver’s liability coverage.
The Role of Comparative Negligence
California follows a comparative negligence policy for car accidents, which means multiple parties can be partially liable for an accident. This can affect whom you seek compensation from as a passenger. You may even share some of the liability, though passenger liability is less common in accidents.
Suppose your driver was 30% responsible for the accident while another driver was 70% responsible. You’d seek 30% of your damages from your driver and 70% from the other driver through two separate insurance claims.
Your car accident lawyer in CA can help you navigate comparative negligence.
Filing a Lawsuit Against the Driver
If you were a passenger, can you sue the driver who caused an accident? Yes, and doing so may make sense for your case.
If you cannot gain adequate compensation through insurance claims, your lawyer will help you explore legal action against the at-fault driver or drivers. Personal injury claims can provide compensation to cover medical expenses, physical damage, and non-economic expenses like pain and suffering or emotional distress.
What If the Driver Was a Family Member?
If the at-fault driver was a family member, California’s “family immunity” statute could complicate your case. This policy prevents lawsuits between immediate family members over negligence issues. Still, it has some leeway, and your attorney can show you how to proceed.
Seek Assistance From an Experienced Car Accident Lawyer in CA
Claiming compensation as a passenger in California isn’t always straightforward, but our attorneys at The Cifarelli Law Firm can guide you through the process. Contact us today at (949) 409-6324 for a free consultation.
