Most people know they can file a claim if they’re injured in a car accident as a driver—but what if you were a passenger? In California, passengers often face serious injuries in collisions, yet many aren’t sure about their legal rights. The good news: in most cases, injured passengers can sue or file a claim, even if they weren’t driving.
At WIN Trial Lawyers, we regularly represent passengers who suffered serious injuries in crashes. Here’s what you need to know about your rights as a passenger after a car accident.
Can Passengers Sue After a Car Accident?
Yes. Passengers injured in a California car accident usually have the right to pursue compensation from the at-fault party. This may include:
- The driver of the other vehicle if they caused the crash.
- The driver of the vehicle you were riding in if they were negligent.
- Both drivers if responsibility is shared.
California follows comparative negligence rules, which means multiple parties can share fault. As a passenger, you are almost never considered responsible for causing the crash—so your chances of recovery are strong.
Common Causes of Passenger Injuries
Passenger injuries occur in many types of crashes, including:
- Distracted or drunk driving
- Speeding or reckless driving
- Rear-end collisions
- Intersection accidents
- Rideshare (Uber/Lyft) accidents
- Defective vehicle parts (e.g., airbags, brakes)
Because passengers often have no control over the accident, they are particularly vulnerable to severe injuries like broken bones, head trauma, and spinal injuries.
Who Pays for a Passenger’s Injuries?
Passenger injury claims are usually covered through insurance policies. Depending on the circumstances, this may include:
- The at-fault driver’s liability insurance
- The driver of your own vehicle (if they were negligent)
- Your own uninsured/underinsured motorist coverage
- Rideshare company insurance (if the driver was on-duty for Uber or Lyft)
An experienced attorney can help determine which insurance policies apply and maximize the recovery available.
What Damages Can Passengers Recover?
If you’re an injured passenger, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage (e.g., broken phone, laptop, etc.)
In wrongful death cases, families of deceased passengers may also bring claims for funeral costs, loss of companionship, and financial support.
What If the Driver Is a Friend or Family Member?
Many passengers hesitate to file a claim because the at-fault driver is someone they know. Remember: you’re not suing your loved one directly. In most cases, you’re filing a claim against their insurance company, not their personal assets. The goal is to ensure your medical bills and losses are covered—not to punish the driver.
Steps to Take If You’re a Passenger Injured in a Crash
If you were a passenger in a California car accident:
- Seek medical attention immediately.
- Report the accident and ensure a police report is filed.
- Collect information from both drivers and witnesses.
- Take photos of the accident scene and your injuries.
- Contact an attorney before speaking with insurance adjusters.
Protect Your Rights with WIN Trial Lawyers
At WIN Trial Lawyers, we know how devastating distracted driving accidents can be. Victims often face mounting medical bills, lost wages, and emotional trauma. Our team has successfully taken on insurance companies and distracted drivers, recovering millions for injured clients.
If you or a loved one has been injured in a speeding-related car accident, don’t leave your future in the hands of the insurance company. You need experienced trial lawyers who know how to prove liability and fight for maximum compensation.
If you or a loved one has been injured in a distracted driving accident, don’t face this alone. The sooner you act, the stronger your case will be.
