What To Do if You Are Injured as a Passenger in an Alabama Car Accident Copy

One moment, you are a passenger, placing your trust in the driver, looking out the window, checking your phone, or chatting. Next, the screech of tires and the violent force of a collision shatter the calm. Being injured in a car accident is disorienting and frightening for anyone, but for a passenger, there is a unique layer of confusion. You had no control over the vehicle, yet you are the one left with physical pain, mounting medical bills, and a sea of questions about what comes next.

What Are My Rights as an Injured Passenger in Alabama?

As an injured passenger, you have the right to seek financial compensation for your injuries and other losses. A key factor that distinguishes your situation is that, in the overwhelming majority of cases, a passenger is not at fault for the crash. You were not operating either vehicle and, therefore, cannot be held responsible for the collision.

This lack of fault is significant in Alabama, which follows a strict legal doctrine known as “contributory negligence.” This rule states that if a person is even 1% at fault for an accident, they are barred from recovering any compensation from other at-fault parties. Since passengers are presumed to have zero fault, the contributory negligence rule typically does not prevent them from making a claim. Your right to recovery is preserved, and the primary question becomes not if you can recover, but from whom.

Which Insurance Policy Covers a Passenger’s Injuries?

After a crash, one of the most immediate questions is where the compensation will come from. For an injured passenger, there are several potential sources of recovery, and a thorough investigation will determine the best strategy for your claim.

• The Insurance Policy of the Driver in Your Car: The first potential avenue for compensation is the auto insurance policy of the driver of the car you were riding in. This applies whether that driver or the other driver caused the crash. If your driver was at fault, their liability coverage would be the primary source. If the other driver was at fault, your driver’s Medical Payments (MedPay) coverage or Uninsured/Underinsured Motorist (UM/UIM) coverage might apply.
• The Insurance Policy of the At-Fault Driver: If the driver of the other vehicle caused the accident, their bodily injury liability insurance is a primary source for compensating you. Your claim would be made against their policy to cover your medical expenses, lost income, and other damages.
• Your Own Automobile Insurance Policy: Even though you were not driving, your own car insurance policy can be a source of recovery. If you have MedPay coverage, it can help pay for initial medical bills regardless of fault. More importantly, if the at-fault driver has no insurance or not enough insurance to cover your injuries, your own Uninsured/Underinsured Motorist (UM/UIM) coverage can be accessed to make up for the shortfall.
• Other Liable Parties: In some complex accidents, other entities could share responsibility. This might include a vehicle manufacturer for a defective part or a government entity for a poorly maintained road.

What Are the First Steps a Passenger Should Take After a Car Wreck?

The actions you take immediately following a car accident are vital for protecting both your health and your legal rights. If you are physically able, try to complete the following steps:

• Prioritize Medical Care: Your health is the first priority. Seek immediate medical evaluation, even if you feel fine. Adrenaline from the crash can mask serious injuries like whiplash or internal bleeding that may only present symptoms hours or days later. A medical record created right after the accident also serves as strong evidence linking your injuries to the crash.
• Ensure a Police Report is Filed: Insist that someone calls 911. Law enforcement will secure the scene, gather initial information, and create an official accident report. This report is a key piece of evidence that documents the time, location, parties involved, and often contains the officer’s initial assessment of how the crash occurred.
• Gather Key Information: If you can, collect the names, addresses, phone numbers, and insurance details from all drivers involved. Also, get the names and contact information of any witnesses. Their independent testimony can be invaluable later.
• Document Everything: Use your smartphone to take pictures and videos of the accident scene. Capture the damage to all vehicles from multiple angles, skid marks on the road, traffic signals, weather conditions, and any visible injuries you have sustained.
• Decline to Give Recorded Statements: An insurance adjuster from one of the involved parties will likely contact you quickly. They may ask for a recorded statement. Politely decline to provide one until you have spoken with an attorney. These statements can be used to limit or deny your claim.
• Do Not Sign Any Documents: Never sign any waivers, releases, or settlement offers from an insurance company without having them reviewed by a legal professional. Signing prematurely could forfeit your right to the full compensation you deserve.

What Types of Compensation Can Be Recovered?

A successful injury claim allows a passenger to recover for all losses stemming from the accident. These damages are generally categorized into two types: economic and non-economic.

Economic Damages: These are the tangible, verifiable financial losses you have incurred. They include:

• All Medical Expenses: This covers everything from the initial ambulance ride and emergency room visit to hospital stays, surgeries, doctor’s appointments, prescription drugs, and physical therapy. It also includes anticipated future medical care.
• Lost Wages: Compensation for the income you lost while unable to work during your recovery.
• Loss of Future Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or working at the same capacity, you can seek damages for this loss of future income.
• Rehabilitation Costs: This includes occupational therapy, vocational rehabilitation, and the cost of assistive devices like wheelchairs or home modifications.

Non-Economic Damages: These damages compensate you for the intangible, non-financial ways the injury has impacted your life. They are often the most significant part of a claim and include:

• Pain and Suffering: For the physical pain and emotional distress caused by your injuries.
• Mental Anguish: Compensation for the psychological impact of the trauma, including anxiety, depression, fear, or Post-Traumatic Stress Disorder (PTSD).
• Loss of Enjoyment of Life: For the inability to participate in hobbies, recreational activities, and daily pursuits you enjoyed before the accident.
• Permanent Scarring and Disfigurement: Compensation for the physical reminders of the accident that can affect self-esteem and quality of life.

Who is Held Responsible When a Passenger is Injured?

Because passengers are not at fault, the legal focus shifts entirely to the drivers of the vehicles involved. Your attorney will work to determine which driver’s negligence caused the crash. Evidence used to establish fault includes:

• The official police report.
• Statements from all drivers, passengers, and witnesses.
• Analysis of the vehicle damage.
• Photographs and videos from the scene.
• Data from a vehicle’s “black box” or event data recorder.
• Input from accident reconstruction professionals in complex cases.

Even if both drivers share some percentage of the blame, an injured passenger can typically file a claim against both of their insurance policies. The insurance companies will then sort out how to apportion the damages between them.

What if My Driver Was a Friend or Family Member?

This is a very common and sensitive concern. Many passengers hesitate to file a claim when the driver of their car is a close friend or relative. It is important to remember two things:

• You are filing a claim against their insurance policy, not suing them personally. People pay for liability insurance for this exact reason: to protect themselves financially and to provide a source of compensation for those they might injure.
• Your medical bills need to be paid. A serious car accident can lead to tens or even hundreds of thousands of dollars in medical debt. Failing to make a claim against the available insurance could leave you with a staggering financial burden that could have been covered. A true friend or family member would not want you to face financial ruin because of an accident they caused.

What If the At-Fault Driver is Uninsured or Underinsured?

This scenario highlights the importance of having adequate Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto policy.

• Uninsured Motorist (UM): If the at-fault driver has no liability insurance, your UM coverage steps in to act as the at-fault driver’s missing insurance, covering your damages up to your policy limits.
• Underinsured Motorist (UIM): If the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your serious injuries, your UIM coverage can be used to bridge the gap between their limit and your total damages, up to your own UIM policy limit.

As a passenger, you can access the UM/UIM coverage from your own policy even if your car was parked safely at home during the accident.

Contact Burge & Burge, PC for Guidance After a Passenger Injury

The aftermath of a car accident is a trying time filled with physical recovery, financial stress, and uncertainty. As an injured passenger, you should not have to carry the burden of fighting with insurance companies while you are trying to heal. Pursuing the compensation you are owed requires a detailed investigation, a firm grasp of Alabama insurance law, and determined negotiation.

At Burge & Burge, PC, we are committed to protecting the rights of injured victims across Alabama. We handle the complexities of the legal process so you can focus on what matters most your recovery. If you or a loved one has been hurt while riding as a passenger in a car, you are not alone.

Contact us today at 205-947-2962 for a free, confidential consultation to discuss your case and learn how we can help you on the path forward.

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