If you are injured in a car accident as a passenger, you may assume you have no options when it comes to getting compensation for your injuries. Whether you are the passenger or driver, car crashes can cause serious injuries, mountains of medical bills, and plenty of missed time at work.
The good news is that Illinois law gives passengers the same legal rights as anyone else injured in a crash. Who is liable for these losses, though?
It may surprise you to learn that passengers can seek financial compensation from anyone, including the driver of the vehicle they were riding in, who may have acted negligently in causing the collision. Take a closer look at what this means.
Negligence Elements
Negligence allows injured people to pursue legal claims for unintentional injuries. In other words, you can seek injury compensation for injuries caused by car accidents without proving that anyone intentionally caused the crash. Instead, you only need to prove that someone acted negligently.
Generally, negligence requires proof of the following four elements in Illinois:
- Duty
- Breach of duty
- Loss
- Causation
The duty of care comes from the responsibility of every driver to exercise reasonable care and caution on the road. A breach occurs when the driver does something that poses an unreasonable risk to passengers or other road users. Your losses come from your injuries, and you’ll need to show a causal link between the party’s actions and your injury-related losses.
Who May Be Liable for a Passenger’s Injuries?
While every car accident is different, the liability for a passenger’s injuries tends to fall to these common parties:
The Driver
If the driver of your vehicle was negligent, they may be liable for your injuries. For example, suppose you were riding in a car that ran a stop sign, and another vehicle T-boned your vehicle, injuring you. Even though the driver of your car was at fault for the crash, you could pursue compensation for your injuries from their auto insurer.
You could also sue the driver’s employer if you were being transported by a business. Specifically, passengers of limos, ride-share companies, or taxis can pursue claims against the company operating the car service rather than the driver.
The Other Road User
Another scenario happens when the driver you were riding with was not at fault for the crash. Instead, another road user, such as the driver of another vehicle, a pedestrian, or a bicyclist, does something that causes the crash. In this situation, the other road user may be liable for your injuries.
Thus, suppose you were riding in a vehicle and a pedestrian jaywalked in front of it. The driver reasonably braked and swerved to avoid the jaywalker. However, in doing so, they hit a tree, and you suffered serious injuries. In this case, the pedestrian may be liable for your injury-related losses.
The Passenger
Passengers can act negligently in causing car accidents, too. When this happens, Illinois law uses comparative negligence to determine whether and how much compensation the passenger receives for their injuries.
Specifically, a claims adjuster or jury might examine the actions of every party and allocate a percentage of the blame for your injuries. If they determine you acted negligently, they will assign you a share of the fault for the crash. Your compensation is then reduced in proportion to your share of the blame. Thus, if you are 15% at fault for your injuries, you could recover compensation for 85% of your losses.
Keep in mind that under Illinois law, you can only recover compensation if you were less than 50% at fault for your injuries. In other words, you can receive compensation as long as your share of the blame is 50% or less. Once it reaches 51%, you cannot recover any compensation.
For example, suppose that you were arguing with the driver when they hit another vehicle. If you grabbed their arm before the crash happened, you might have legally played a role in the crash. In this case, you might bear liability for the accident and any losses related to it.
Insurance Claims for Passengers
Most personal injury cases start with an insurance claim. Your attorney files a claim with the party’s insurer, and the insurer determines whether the insured party is responsible for your injuries. If they are, the insurance company may negotiate a settlement with your attorney. If the insurer denies liability, your lawyer may need to file a lawsuit to recover injury compensation.
Determining Liability With the Help of a Car Crash Lawyer
If you were hurt in a car accident as a passenger in Illinois, the best way to determine who is liable for your injuries is to consult with an experienced personal injury attorney. At the Law Offices of Glenn & West, LLC, we can evaluate the specific details of your case and recommend the right course of action for your needs.
We proudly serve Litchfield, Nokomis, and other communities throughout Illinois. Contact us to schedule a consultation to get started today.
