Injured as a passenger in a car accident – Who do you sue?

Quite often I get calls from people who were injured as a passenger in a car accident. They always ask, who do you sue? The quick answer is it Car Accidentdepends upon who was at fault for the accident. If you were injured as a passenger in a car accident, call our office today for a free consultation at 847-305-4105.

Injured as a passenger in a car accident

Who was at fault for the accident?

First, most likely you won’t have to “sue” anyone. But certainly, the question will arise which driver’s insurance company you should file a claim with. If the driver of the other vehicle was at fault, there is no issue. You will have the same rights as the person driving your vehicle.

But what happens if the driver of your car was all or partially at fault for the accident? If that’s the case, it could be very complicated as in most of the cases I’ve seen like this, the driver of the car or motorcycle is often the parent, significant other, friend or colleague of the injured party. Filing a claim against their insurance could cause friction in your relationship with that person.

Example

For example, a while back I worked on a motorcycle accident case. My former firm represented a woman who was riding on the back of a motorcycle driven by her male friend. As they tried to make a turn, the motorcycle hit some gravel and went down. Our client filed a claim against her friend’s motorcycle policy.

The driver seemed fine with the claim at first until it came time to settle her case. He heard how much money we demanded and he angrily called our office and told us he was not at fault for the accident, the gravel was. However, his insurance company had already accepted liability for the accident.

Our client was also upset as she did not want to anger her friend. We advised our client that if the driver was not at fault for the accident, then there would be zero recoveries. In the end, our client agreed to continue to pursue the case and she recovered nicely from her injuries.

As an aside, as a passenger, if you are injured as a passenger in a car accident, you are also entitled to utilize the driver’s medpay insurance through his/her own insurance policy to pay for some of your medical bills.

Taxi, Uber and Lyft accidents

I have received several calls in the past couple years from people who were Injured as a passenger in a car accident involving an Uber driver. I generally support the rideshare concept but have noticed that often when I see a car driving erratically it often is a rideshare vehicle.

If you are injured as a passenger in the back of an Uber, you can recover for your injuries. The issue again will be who caused the accident, the Uber or Lyft driver or the driver of the other car. I have handled cases where a passenger was injured by a third party while driving in an Uber and I have also represented Uber drivers who were injured by others while driving.

Uber uses James River Insurance Company to handle their driver’s claims. Clicking here will take you to the page to file a claim for injuries suffered as a passenger in an Uber.

Bus accident

The same rule applies if you are injured as a passenger in a bus accident. I’ve represented bus accident victims before and we deal with trying to figure out who is responsible for the accident, the CTA or other bus agency or the driver of the car the bus crashed with.

Solo vehicle accidents

I recently received a call from a very nice woman who was involved in a solo vehicle accident. She admitted to the insurance company that she crashed her vehicle when she bent down while driving to pick something up. Her car flipped and she and her 2 small kids were injured.

In that situation, the woman has no claim as she caused the accident. However, both of her children have a claim to file against their own mother for their injuries. Fortunately, the mother knew she was at fault and her auto insurance rates were going to increase regardless. As such, she had her kids file claims against her own policy.

Conclusion

If you are Injured as a passenger in a car accident, call our office at 847-305-4105 for a free consultation. This situation can get sticky and often times it’s better to have an outside party like a personal injury attorney make the call for you.

Despite the attention, sports are not the leading cause of brain injuries

Slip and Fall AccidentsBrain injuries cause about 30 percent of the injury deaths in the U.S. each year, and many survivors in Illinois suffer permanent disabilities and must rely on state services to meet basic needs. Any blow or jolt to the head that interrupts brain function is diagnosed as a traumatic brain injury (TBI). A force penetrating or fracturing the skull may also cause a TBI.

Much of the media attention about brain trauma has focused on sports injuries. However, blunt force trauma, which encompasses sports injuries to the head as well as many other sources, comprises only 15 percent of TBIs. Data supplied by the Centers for Disease Control and Prevention indicates that falls and car accidents account for more than 50 percent of the overall number.

Continue reading “Despite the attention, sports are not the leading cause of brain injuries”

Prospect Heights Bus Accident Attorney

Illinois is one of the most significant locations for passenger bus transportation.  Whether or not children take the school bus, public bus riders or passengers taking a long-distance bus trip, there are a large number of people in Prospect Heights that count on bus transportation every single day.

Bus accidents occur all too often on America’s streets and highways.  Roughly 300 fatal bus crashes take place each year, in accordance with the National Highway Traffic Safety Administration.  Bus accidents without any fatalities, the damage to property and the price of serious injury is much higher.

As soon as stepping foot on a bus, the passenger has faith that the driver is licensed, rested and prepared to operate the bus in the safest possible way to protect the safety of all passengers.  A passenger also trusts that the bus has been properly inspected and all parts of the bus are fully functional.  Even so, bus accidents do take place, and in many cases it is the consequence of negligence on the part of the bus driver, the bus company or the bus manufacturer.  When passengers are severely injured in a bus accident, they might be able to take action and hold everyone who is responsible accountable.

Our Prospect Heights bus accident lawyers take care of all sorts of bus accident cases.  A number of these types of accidents include the following types of buses:

  • School buses
  • CTA buses
  • Shuttle buses
  • Chartered bus tour buses
  • Sight-seeing buses
  • Interstate passenger buses – including Greyhound

Because of the size of most buses, the injuries can be quite serious and even life-threatening for some.  Passengers located from Prospect Heights, Illinois that are involved in accidents can possibly suffer from some serious physical injuries requiring hospitalizations and continuous medical care, plus many injured victims may even lose the capability of being able to work and earn an income.  The long-term repercussions of an accident of this nature can be very devastating, so it is vital to take action very early if involved in a bus accident to guarantee your rights will be protected.

If ever in a bus accident whether or not physically injured, help dealing with stress and anxiety may very well be needed aside from any physical injuries.  With that said, you might just be entitled to compensation for your pain and suffering, medical bills and any lost wages resulting from the bus accident.  If death occurs, the liable driver can also face criminal charges for wrongful death.

We represent all kinds of Prospect Heights bus accidents, whether you have been injured or not, you will be pleased to know that our office is well equipped to assist you with recouping from any damages. If you have been in a bus accident or car crash, don’t delay in getting touch with a qualified Prospect Heights auto accident lawyer.  Contact us today for a free consultation with Barry Zlotowicz, a Prospect Heights personal injury attorney at 312-848-9783 or 877-LAW-4312.