blog home Car Accidents When a Friend Causes an Accident, and You’re Hurt as Their Passenger

When a Friend Causes an Accident, and You’re Hurt as Their Passenger

By Jason Bottlinger on May 30, 2024

Trust in a friendship operates as a two-way street, demanding accountability from both parties. When a friend causes an accident as a driver, assuming responsibility for the passenger’s injuries is a legal and personal imperative. Acknowledging fault, offering support, and cooperating with insurance claims demonstrates integrity and strengthens the friendship.

Fostering transparency and empathy during the aftermath of the accident reaffirms mutual trust and illuminates the value of personal integrity over legal obligations. Ultimately, assuming responsibility for the consequences of one’s actions after an accident solidifies the foundation of trust in any relationship, transcending mere legal implications.

How Is Liability Established in Passenger Injury Cases?

In passenger injury cases, negligence plays a pivotal role in determining liability. Establishing fault hinges on proving that a driver breached their duty of care, leading to the passenger’s injury. Liability varies depending on the party at fault—whether the driver, a third party, or both.

Legal responsibilities bind drivers to ensure passenger safety, encompassing adherence to traffic laws, maintaining vehicle conditions, and avoiding reckless behavior. Whether the passenger is a friend or third party, drivers owe everyone in the vehicle a duty of care. This makes the driver liable for any injuries a passenger sustains from negligence, emphasizing the importance of cautious driving.

Steps to Take After Being Injured in an Accident as a Passenger

After being injured in an accident caused by a friend, take the following steps to protect yourself and your rights:

• Prioritize Safety: Seek medical attention immediately in case of any injuries. Follow all medical advice and keep a record of all treatments received.
• Document the Accident: Gather evidence by taking photos of the accident scene, documenting vehicle damage and visible injuries, and exchanging contact and insurance information with witnesses and involved parties.
• Report the Accident: Contact law enforcement to report the accident, especially if there are injuries or significant property damage. Additionally, it is recommended that you obtain a copy of the police report for your records.
• Seek Legal Counsel: Consider consulting with a personal injury lawyer who can help you understand your legal options and rights. We can discuss the details of the accident, the extent of your injuries, and the potential compensation for damages. Following your attorney’s advice is important to ensure the best outcome possible.
• Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Though your friend may be at fault, your insurance policy might still provide coverage for certain damages, such as medical expenses or property damage. Providing timely notification can help facilitate the claims process and ensure you receive the assistance you’re entitled to.
• Preserve Evidence and Documentation: Keep all documents related to the accident and your injuries organized and accessible. This includes medical records, bills, receipts for expenses incurred due to the accident, correspondence with insurance companies, and any other relevant paperwork. Preserving evidence strengthens your case and can facilitate a smoother resolution, whether through insurance claims or legal proceedings.

Understanding Insurance Claims and Compensation

After an accident involving a friend, the insurance claims process involves distinct considerations. While your friend’s insurance may cover damages, your insurance could fill gaps or handle uninsured/underinsured claims. Eligible compensation typically includes medical bills, lost wages, and pain and suffering. However, pursuing these claims may strain friendships due to financial stakes or fault disputes.

Legal proceedings might become necessary if settlements prove vague. Understanding insurance policies, negotiating effectively, and prioritizing open communication can mitigate tensions. Balancing financial recovery with friendship preservation depends heavily on filing proper insurance claims and seeking rightful compensation after an accident.

Legal Considerations and Contacting a Nebraska Passenger Injury Lawyer

Balancing friendships with legal proceedings requires emotional resilience and objectivity in passenger injury cases. While seeking compensation is vital, preserving relationships may also be a priority. However, adhering to the statute of limitations in Nebraska is imperative, as delayed claims may jeopardize legal recourse.

Additionally, if applicable, comparative negligence can affect compensation as courts assess each party’s fault. Understanding these considerations empowers passengers to approach legal proceedings with greater confidence when seeking justice and fair compensation. But the support of an experienced attorney can help with these complex process.

Turn to Bottlinger Law L.L.C. for experienced legal advocacy in car accident cases. Call us at (402) 505-8234 to schedule a free consultation with our Omaha passenger injury lawyer today.