Passengers have legal rights if they are injured in a car accident—they can pursue compensation, but the amount they are entitled to depends on who the liable parties are and their insurance coverage.
At Olson Personal Injury Lawyers, we understand that the value varies significantly based on the unique circumstances of each individual case. If you or your loved one has been injured in a car crash, do not wait to seek support today.
Key Takeaways
- In Colorado, you can only recover damages if you are less than 50% at fault for the accident. Passengers are typically not held liable unless they interfere directly; however, their compensation can be affected if their driver is partially at fault.
- Crucial evidence for a passenger injury claim includes police reports, medical records, photos, witness statements, and expert testimony.
- Passengers may file claims against one or more drivers’ insurance or use uninsured or underinsured coverage from their own policy.
How Is Fault Determined in a Colorado Car Accident?
Colorado is a modified comparative negligence state following the 50% rule, as outlined under Colo. Rev. Stat. § 13-21-111. This means a plaintiff can recover damages in a personal injury lawsuit only if they are 49% or less at fault for their own injury. If someone is 50% or more responsible for their injuries, they cannot recover compensation.
In a car accident, passengers are rarely found at fault unless they directly interfere. Fault is typically shared among drivers, and a passenger’s claim may involve one or both drivers’ insurers. However, settlement amounts can be reduced if the passenger’s driver is partially at fault.
What Evidence Do You Need for a Passenger Injury Claim?
Evidence is a crucial element in proving another party’s negligence. In a passenger injury claim, you can utilize the following:
- Police accident reports – These reports reveal details of the accident and can help support a liability claim.
- Medical records and bills – Any documentation from doctor’s appointments, surgeries, and prescriptions can be used as evidence of injuries and their extent.
- Photos and video – Visual evidence of vehicle damage and road conditions from the accident scene helps paint a picture of what took place and who was at fault.
- Eyewitness statements – Witnesses at the scene can share statements to support how the accident occurred.
- Expert testimony – Accident reconstructionists and medical professionals can provide their opinion on the incident to further establish who is liable.
- Insurance communications – Keep track of all conversations between insurers and allow your lawyer to review policies and any other information that may affect your case.
Our dedicated attorneys can help you identify and secure evidence that is not easily accessible for your case.
What Damages Can Injured Passengers Recover?
Our law firm works diligently to ensure clients recover all applicable types of damages in car accident lawsuits, which are designed to compensate victims for their losses. The most common types of damages recoverable in car accident cases for passengers include the following:
- Medical expenses – Immediate and ongoing care, such as ambulance fees, doctor’s appointments, surgeries, and rehabilitation.
- Lost wages and reduced earning capacity – Compensation for time off work to recover, or an inability to return to your former job due to permanent disability.
- Pain and suffering – Scarring, chronic pain, and other long-term conditions that result from an injury.
- Emotional distress – PTSD, depression, anxiety, and other negative impacts on mental health.
- Wrongful death damages, if applicable – Funeral costs and other related damages if an accident resulted in a loved one’s passing.
Olson Personal Injury Lawyers meticulously assesses the specific damages suffered by each victim to ensure no recoverable loss is overlooked. For more information, check out our case results and client testimonials, or get in touch with our law office today.
How Can a Passenger Seek Compensation?
Passengers in car accident cases can receive compensation through more than one means. To begin, they can file a claim against the at-fault driver’s insurance to cover damages. In some cases, filing against multiple policies is necessary, especially if two or more liable parties are involved.
You may also use uninsured/underinsured motorist (UM/UIM) coverage from your own policy (if purchased) when the at-fault driver lacks sufficient insurance or flees the scene. Our skilled attorneys can help you understand your avenues for compensation. Schedule a consultation today to learn more.
How a Passenger Accident Lawyer From Our Firm Can Help
When you choose to partner with our dedicated legal team, you secure numerous benefits. We take the vital steps needed to ensure you get justice, including:
- A free case evaluation to identify liable parties and insurance coverage
- Evidence gathering by our attorneys, paralegals, and investigators to build a strong case
- Negotiating with insurers to fight tactics that minimize passenger claims
- Trial-ready advocacy where every case is prepared for court, ensuring leverage
- Personalized support through monthly updates and direct access to attorneys
- Client-centeredness. We are a small, selective firm that treats every client like family
Discover the Benefits Of Working With the Experienced Team at Olson Personal Injury Lawyers
What To Do if You Are a Passenger in a Car Accident
If you end up in an auto collision as a passenger, you can take proactive steps to prioritize your well-being and protect a potential claim.
- Call 911 – Your first priority should be to ensure everyone’s safety. If anyone is injured or if there is significant property damage, call 911 right away. Emergency responders can provide necessary medical assistance and secure the scene to prevent further harm.
- Document the Scene – Use your phone or a camera to take detailed photos of the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries. Collect contact information from any witnesses and make detailed notes about what happened while it’s still fresh in your memory.
- File a Police Report – Even for seemingly minor accidents, it is essential to have a police report. This document provides an objective record of the incident, which can be vital for insurance claims and any potential legal proceedings.
- Exchange Information – Share and collect details with all involved drivers, including names, phone numbers, driver’s license numbers, license plate numbers, and insurance information. Avoid discussing fault or making statements that could be used against you later.
- Seek Medical Attention – Even if you feel fine, it is essential to see a healthcare professional as soon as possible. Some injuries may not show symptoms immediately, and having a medical record can support any future insurance or legal claims.
- Contact an Attorney – Reach out to a knowledgeable personal injury attorney to understand your rights and the legal options available to you. Our lawyers can guide you through the claims process, negotiate with insurance companies, and help protect your interests.
Get Help From Olson Personal Injury Lawyers Today
Being a passenger in a car accident can be a terrifying experience. You may be dealing with extreme repercussions in the aftermath, such as serious injuries and extensive emotional trauma. Our team is here to help you navigate the legal landscape of your case while you focus on recovery.
We offer free consultations to review the details of your incident and determine whether you have a claim for compensation. We have local knowledge of the courts and insurance systems in areas like Denver, Albuquerque, and Cheyenne. Do not wait to get the justice you deserve; contact our office today.
