If you were a passenger in a car accident in Orange County and incurred injuries from the crash, you may file a personal injury claim to receive monetary compensation for the damages. However, you must establish the negligent party’s liability in such cases.
Read on to learn more about your legal rights as a passenger in a car accident in Orange County.
Liability in Car Accidents
In car accidents, you may only file a third-party claim if another driver’s negligence caused the crash. A third-party claim is usually filed by someone other than the policyholder or insurance company. If you are in an automobile accident caused by someone else, you can make a third-party claim with the other driver’s insurance for your damage expenses.
In civil cases, negligence is defined by the following elements:
Did the driver owe you a duty of care? — The individual you’re suing must have owed you and other road users a duty of care.
Was there any negligence? — Did the driver act in a way that endangered the public? Any infraction of traffic laws can be used to prove negligence.
Did the driver’s carelessness cause the crash? — Other variables could have contributed to the accident even if the driver was at fault. You must rule out all other options before determining who was at fault in the car collision.
Were you hurt, or did the auto collision cause any damage? – The key to obtaining more compensation is to demonstrate how severely you were hurt and how it will influence your life. To maximize your payout, you may also include other damages, such as property losses.
Usually, negligent drivers commit traffic violations that lead to car accidents in Orange County, such as:
- speeding,
- impaired driving,
- tailgating,
- ignoring traffic signs and others.
In such cases, you may pursue a third-party claim against the negligent party who caused the crash. This way, you may receive a settlement covering the damage costs.
What Happens If Both Drivers Are Liable for a Car Accident in Orange County?
If both drivers are liable for your car accident in Orange County, you may file a personal injury claim against them simultaneously. However, you will need the necessary evidence to prove each driver’s fault in the crash.
Typically, the following evidence can help you prove your claim:
- police report,
- car accident photos,
- surveillance footage of areas nearby,
- property damage, and
- witness testimonies.
Simultaneously handling two car accident cases may seem overwhelming, especially if you are recovering from an injury. An Orange County car accident attorney can help you deal with your claim by assessing the facts of your accident and collecting evidence for each case.
Are Drivers Responsible for Their Passengers in Auto Accidents?
Similar to the other driver’s duty of care, the driver of the vehicle you were in is responsible for ensuring all road users’ safety, including you. This means that if they caused the auto collision that resulted in your injuries, you may file a claim against them.
This usually occurs in single-vehicle accidents, where the driver is typically responsible for the crash. The negligent driver should cover your damage expenses, such as medical bills, in such circumstances.
While it is possible to pursue a case against both drivers, it may seem awkward to fight against a loved one who was driving the vehicle you were in. Remember that you are filing against their insurance provider instead of them. In most cases, their insurance policy will cover the accident damage caused by the crash.
What Types of Insurance Protect Passengers in a Car Accident?
Drivers are responsible for their passengers’ safety when traveling. So, if they are involved in a car accident resulting in injuries, they should be liable for the passenger’s damages, especially in single-auto crashes.
If you are a passenger in a car accident, you are typically covered by the driver’s insurance policy through their Personal Injury Protection (PIP) plan. This type of coverage pays for your medical bills and other damage costs regardless of who is at fault in an accident.
Usually, PIP includes the following damages:
- medical expenses
- lost wages
- substitute services, such as when your injuries refrain you from doing certain activities, and
- funeral expenses.
When filing a claim against your driver’s insurance provider, you may contact an Orange County car accident attorney who can investigate the collision and communicate with the insurance company when defending your case.
What To Do in a Car Accident in Orange County
If you are involved in a car accident in Orange County, it is advisable to take the following precautions to guarantee your safety and to pursue the appropriate legal proceedings when filing a car accident claim:
- Remain calm.
- Call the Orange County Police Department or 911 to attend the accident scene.
- Check to see if you were injured in the vehicle accident.
- Seek medical attention right away by dialing local Orange County hospitals.
- If you can move, gather evidence at the accident scene, such as the other driver’s contact information, photos of the crash, and witness testimony.
- Cooperate with Orange County police officers.
- Seek legal counsel from a personal injury attorney who can assist you in constructing your car accident claim.
How Can I Maximize My Car Accident Claim?
If you want to maximize your car accident claim, you must consider all the possible damages applicable to your situation, such as:
- Economic damages are monetary losses determined by invoices, receipts, and other documentation.
- Non-economic damages are non-monetary losses suffered as a result of the accident. This can involve emotional anguish and a loss of enjoyment in life.
- Punitive damages are additional costs the court imposes if the at-fault party’s acts are deemed excessive or purposeful.
| Economic Damages (financial losses) | Non-Economic Damages (non-monetary losses) |
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Economic damages are simple to calculate and include in your settlement. What about non-monetary losses? Orange County personal injury attorneys are skilled in calculating non-monetary damages to maximize your financial compensation.
They can also evaluate your accident and determine your eligibility for punitive damages.
Aside from the overall damage, you may also consider filing multiple car accident claims if two or more negligent parties are liable for the crash. While this may seem overwhelming, an Orange County car accident lawyer can protect your legal rights by communicating with each driver’s insurance provider while you focus on your recovery.
A car accident attorney can also do the following to help you win your case:
- Collect sufficient proof.
- Establish the negligent party’s liability.
- Determine the overall damage.
- Contact the insurance company.
- Attend a trial if necessary.
Experienced Orange County car accident attorneys at Jacoby & Meyers can look into the facts of your case and decide which legal choices are ideal for your needs. Call 800-500-0000 to schedule a free appointment and get legal counsel right away.
Jacoby and Meyers. Because You Deserve Justice.
Reference:
Bieber, Christy, and Adam Ramirez. “What Are Economic Damages? – Forbes Advisor.” Forbes, 6 April 2023, https://www.forbes.com/advisor/legal/personal-injury/economic-damages/. Accessed 21 July 2023.
“Hospitals in Orange County.” Orange County, https://www.orangecounty.net/html/hospitals.html. Accessed 21 July 2023.
“Personal Injury Protection Coverage.” Allstate, https://www.allstate.com/resources/car-insurance/personal-injury-protection-coverage. Accessed 21 July 2023.
“Personal Injury Protection Coverage.” Allstate, https://www.allstate.com/resources/car-insurance/personal-injury-protection-coverage. Accessed 21 July 2023.
“Police Departments.” Orange County, https://www.ocgov.com/residents/law-justice/law-enforcement-fire-public-safety/police-departments. Accessed 21 July 2023.
“What Is a Third-Party Insurance Claim?” Progressive, https://www.progressive.com/answers/third-party-claim/. Accessed 21 July 2023.