Car accidents can lead to both serious and minor injuries that affect both drivers and passengers alike. As a passenger in a car accident, you may be entitled to compensation for the injuries, medical expenses, lost wages, and other items of damages that resulted because of the collision. Any passengers injured in a car accident in Wisconsin should call Gruber Law for a free case evaluation as soon as possible.
After a car accident, victims must establish that someone negligently caused the accident and was legally at fault for the collision.
To begin a car accident claim as a passenger, you should follow these steps:
Even if you think that you may not be entitled to compensation as a passenger in a car accident, it’s beneficial to speak with a personal injury law firm, especially if you have been injured.
The settlement amount that passengers receive after a collision depends on the facts of each individual case. In Wisconsin, there are numerous considerations and laws that dictate the one’s damages in the event of a collision.
The amount of compensation you may be entitled to can vary on things such as:
Moreover, the impact the collision and the injuries suffered in the collision have on your quality of life should always be considered when evaluating the value of an injury case. These factors, and so many more, are important to consider when evaluating the value of an injury claim.
These factors are carefully considered when determining settlement amounts. It is important to remember that no two cases are exactly alike so your compensation may be higher or lower depending on the circumstances of the crash and the factors mentioned above as well as many other factors.
Car accident liability in Wisconsin is determined by measuring the negligence of the driver’s involved in the collision. Because Wisconsin is not a no-fault state, a driver’s negligence plays a vital role in determining how a personal injury case may play out. If the driver of the vehicle you were a passenger in is negligent in their operation of the motor vehicle you were a passenger in, then you may have a claim against the driver of the vehicle you were a passenger in and/or their insurance company.
When you enter a car as a passenger, the driver of the vehicle is responsible for the safety of you and all other passengers. If the driver of the vehicle you were in fails to exercise ordinary care and loses control of the vehicle you were in, causing a crash, then you may have a claim against the driver of the vehicle you were in and their insurance company for the injuries and damages you suffer as a result of the crash.
In some circumstances, the driver of the vehicle you were in may have taken all necessary precautions and may not be responsible for the collision. However, if the driver of the vehicle you were in was at fault, or shares in the fault for the collision, then you may be entitled to compensation from your driver’s insurance policy. If your driver was partially at fault, then both your driver and the driver of the other vehicle’s insurance may be liable to you.
As mentioned before, when you enter another driver’s vehicle they are responsible for your safety and owe you a duty of ordinary care. For the driver to be held responsible for your injuries, you must prove that the driver breached that duty. The failure to use ordinary care is negligent. There are numerous ways in which a driver can be negligent in the operation of a motor vehicle. This includes but is not limited to:
If it can be proven that the driver of the vehicle you were in engaged in any of these acts, then this may help in proving that the driver and their insurance company are liable for injuries and damages that their passengers incurred.
In the vast majority cases, a passenger cannot be held accountable for a car accident. However, there are situations where a passenger can be at fault, or partially at fault, for a crash. Specific instances in which a passenger may be partially or fully at fault for a crash include:
These are just some of the instances whereby a passenger may be held accountable for the car accident. This is a very, very rare occurrence.
In most cases, the at-fault driver’s insurance company will pay for the injuries and damages that were caused by the crash and sustained by an injured passenger. If you were the passenger in a car accident and you are unsure of how to proceed, speak with Gruber Law Offices today and experience our “One Call, That’s All” philosophy: (414) 276-6666.
You can learn more about car accident lawsuits and cases from the following resources:
Call us 24/7 for a free car accident consultation at (414) 276-6666 to speak with one of our Milwaukee car accident lawyers at Gruber Law about your compensation.
Disclaimer: This post provides general information but is not legal advice and should not be construed as legal advice.
Attorney Steven Gruber was born and raised in Milwaukee, Wisconsin. His family has deep roots in the Wisconsin legal community, as his father, David, founded Gruber Law Offices almost 40 years ago and his mother, Nancy, is a managing attorney with the firm. Steven is an award-winning attorney who focuses on serious injury cases and firm strategy and operations. Some of Steven’s awards and memberships include National Trial Lawyers Top 100 Trial Lawyers, Top 10 Attorney in Wisconsin by the National Academy of Personal Injury Attorneys, The National Trial Lawyers Top 40 Under 40, and the Million Dollar Advocates Forum, just to name a few. He has successfully handled cases regarding serious matters that have been publicized by the Today Show, Good Morning America, ABC, Fox and many other media outlets. At Gruber Law Offices, Steven also manages and leads a powerful team of 130 talented professionals. He is proud to continue the family legacy of positively impacting our community.