Chicago Car Passenger Injury Lawyer

As a passenger in a car is at the mercy of the vehicle operator to keep them safe from collisions. Errors made by a driver can quickly turn into tragedy when the vehicle collides with another car or is involved in a single-car accident.

Passengers can be seriously injured through no fault of their own when the driver of the vehicle or other cars or trucks on the road drive recklessly or negligently.

All passengers injured in motorcycle, truck, and auto accidents have the legal right to seek financial compensation for their injuries through the car insurance held by the at-fault driver who caused the crash.

The injured party can file a personal injury claim to pay for their medical bills, hospitalization expenses, time away from work, pain, and suffering.

Attorney Representing Injured Passengers in a Chicago, IL Car Accident

A passenger injured in a motor vehicle accident is entitled to pursue a cause of action against all negligent parties that caused or contributed to their injuries.

Illinois law holds that a passenger cannot be contributorily at fault for an accident. Put another way, as a passenger, you may have legal claims against the driver of your vehicle or other motorists, but unlike most car accidents, fault cannot be attributed to you.

A personal injury law firm working on behalf of injured passengers can determine who is at fault before seeking recovery for damages and injuries.

The driver of the vehicle or other motorists involved in the collision might be held legally and financially responsible for causing the crash.

It might be necessary to review the applicable coverage from insurance companies for all parties to maximize the amount of insurance coverage that is available, especially in cases involving significant injuries.

Claims Against Friends and Family for Negligent Operation of Vehicles

Let’s face it, most of us don’t ride in a strangers car or get on the back of a motorcycle of someone we just met. Most passengers are family members or friends with the driver of the vehicle.

As a result, many seriously injured passengers are hesitant to pursue a claim with the driver’s insurance carrier– let alone file a lawsuit against that person who was operating the vehicle involved in the collision.

Our personal injury attorneys are mindful of the delicate relationship between passengers and the drivers of the vehicle they are riding in. We always keep the lines of communication open and allow you to make decisions about how to proceed in terms of settlement or litigation.

The Role of Auto Insurance in Chicago, IL Car Passenger Injury Claims

Despite the initial awkwardness of filing a claim against a relative or good friend, the reality is that most motor vehicle claims are paid directly by the insurance company for the driver or owner of the vehicle and not out of the driver’s personal assets.

The motorist responsible for the collision is a party who must resolve a claim under the law. The driver’s insurance company has a contractual obligation to pay for all crash-related injuries that a passenger suffered — regardless of their relationship with the driver.

Consequently, as difficult as it may be to understand, a child/passenger in a car accident caused by a parent has a right to recover damages for their injuries including medical expenses, pain, and suffering as well as lost wages.

Similarly, one spouse has a right to recover damages from the other spouse if their negligence caused an accident. In some cases, the insurance company might be unwilling to settle the claim out of court.

However, auto and motorcycle insurance policies require that the insurance company provides an attorney for the driver (policyholder) to represent him or her in court.

The insurance companies must pay for any settlement or judgment against their insured without ever taking monies from the driver's personal funds.

In other words, if you are considering bringing a claim against a friend or family member for a car accident claim but were hesitant to do so based on your fear of taking money from them personally, their insurance will insulate them from paying anything personally.

Children Passengers Injured In a Car Accident

Sadly, children are often passengers who suffer the most serious injuries in vehicle accidents.

According to the Center for Disease Control and Prevention (CDC), car accidents are the leading killer of children in the United States. In 2017, 675 children under 12-years of age died and nearly 116,000 were injured in auto accidents.

Dealing with an injured child harmed in a car accident can be challenging for family members, friends, or caregivers. The emotional, physical, and financial toll can be life-altering, especially if the child was suffering from traumatic brain injury or disfigurement.

An experienced Chicago car accident attorney can handle negotiations involving the child's injuries like all other personal injury accident cases, even if the child's parent is at fault for the accident.

Our injury attorneys can create a buffer between the parents and the legal situation regarding financial compensation paid to someone close to them.

Injured Car Passenger FAQs