What Happens If You’re Injured as a Passenger in an Ohio Car Crash?

If you were hurt while riding as a passenger in a car, truck, SUV, rideshare vehicle, or other motor vehicle, you almost certainly have the right to seek compensation for your injuries. 

One of the biggest advantages passengers have is that they are rarely responsible for causing the crash. Instead, the negligence usually lies with one or more drivers. Whether the accident was caused by the driver of the vehicle you were riding in, another driver, or both, you should not have to bear the financial burden of someone else’s mistake.

At The Law Firm of Kitrick, Lewis & Staley-Sladek, we help injured passengers understand their rights, identify every available source of insurance coverage, and pursue the full compensation they deserve. We believe that an informed client is the best client. 

What Should You Do After an Accident?

Your health always comes first. Even if you think your injuries are minor, it is very important to seek medical attention as soon as possible. Take photos of any bruises or cuts. Many serious injuries, including but not limited to concussions, neck injuries, internal injuries, and soft tissue damage, are often not fully apparent until hours or days later. Adrenaline kicks in and it can take days or weeks to feel the effects of a collision. Or you may have internal damage that does not exhibit itself for some time after a wreck. Time is always of the essence. 

If you are physically able, you should also:

• Call 911 and make sure a police report is prepared; 
• Take photographs of the vehicles, roadway, and scene; 
• Obtain the names and insurance information of every driver involved;
• Get contact information for all witnesses;
• Save medical records, receipts, and other documents related to your injuries; 
• Take photos of your injuries, bruises, etc. as they heal;
• Do not discuss fault or give recorded statements to insurance adjusters before obtaining legal advice. 

Can You Recover Compensation as a Passenger?

Yes, usually you can. Passengers are almost never responsible for causing a collision. That means you may have a claim regardless of which driver caused the accident. In many cases, there may be multiple insurance policies available to compensate you. And even if the at fault parties do not have any liability insurance or not enough for your injuries, you can use your own car insurance coverage which is called Uninsured/Underinsured Motorist Coverage to compensate you for your harms and losses. This is crucial auto coverage that you should make sure you have purchased on your own cars. 

Who Is Responsible for Your Injuries?

Determining responsibility requires a careful investigation. Depending on the circumstances, liability may apply to: 

• The driver of the vehicle you were riding in; 
• Another driver involved in the collision; 
• Multiple drivers who share responsibility; 
• A commercial employer if the negligent driver was working at the time; 
• A vehicle manufacturer or parts manufacturer if a mechanical defect contributed to the crash; 
• Another responsible party whose negligence helped cause the accident. 

Ohio follows what is called a modified comparative negligence system. This means you can recover for your harms and losses so long as you are not 51% or more at fault for your own injuries. And in many passenger cases, comparative negligence is not even an issue because you, as the  passenger, did nothing to cause or contribute to the collision.

Our job is to identify every responsible party and uncover every available insurance policy.

Do You  Have to Sue Your Friend or Family Member?

We hear this question often and if you were riding with a friend, spouse, coworker, or family member, you may feel very uncomfortable or reluctant to engage in pursuing a claim.

But, in  reality, most claims are handled through the  automobile insurance companies involved, and you are not trying to get  the driver’s personal assets, for instance. In the vast majority of  situations, the insurance company is responsible for paying your damages not the person personally. 

Of course, every  situation is different, but you should never avoid learning about your legal rights simply because you know or are friends with the driver. We can explain your options and help you make an informed decision.

What Insurance May Be Available?

Depending on the circumstances, compensation may be available through:

• The liability insurance covering the driver of your vehicle; 
• The liability insurance covering another at-fault driver; 
• Medical Payments (Med Pay) coverage; 
• Uninsured motorist (UM) coverage; 
• Underinsured motorist (UIM) coverage; 
• Commercial insurance policies if a business vehicle is involved. 

Our job is to identify all available insurance coverages, which is an important part of maximizing your recovery.

What Compensation Can You Recover?

If someone else’s negligence caused your injuries, Ohio law allows you to seek compensation for your financial losses and the personal impact the injuries have had on your life.

Depending on the case facts, you may recover compensation for:

• Emergency medical treatment 
• Hospital bills 
• Surgery and rehabilitation 
• Physical therapy 
• Future medical care 
• Lost wages 
• Reduced future earning capacity 
• Physical pain and suffering 
• Emotional distress 
• Loss of enjoyment of life 
• Permanent disability 
• Scarring or disfigurement 
• Loss of consortium in appropriate cases 

Our goal is to understand your medical expenses and how the accident changed your daily life, your relationships, your work, and your future.

Why Should You Speak with an Attorney Early On

Passenger injury cases may seem straightforward, but they can quickly become complicated. Questions frequently arise about:

• Which insurance company pays first 
• Should you give a statement
• Which insurance companies pay your bills 
• Multiple insurance policies 
• What are the relevant policy limits 
• Comparative fault among drivers 
• Uninsured or underinsured motorists 
• Serious injury damages 
• Subrogation and liens
• Medicare and Medicaid
• Short Term Disability 

Insurance companies begin investigating immediately after a crash. Having experienced legal counsel early on is the best way to protect your rights, preserve  important evidence, and this approach allows you to focus on your recovery while our law firm handles everything else.