When we think of car accident personal injury claims, we typically picture a driver suing another driver for causing an accident that injured the claimant. However, can passengers sue drivers for injuries they sustain in car crashes? Attorney Ruben Ortiz is here with the answer!
Are Passengers Allowed to Sue in Texas?
In short, the answer is yes! Texas passengers can sue for personal injuries caused by negligent drivers. In fact, passengers who sustain injuries in car accidents typically have the highest chance of recovering of all parties involved in accidents thanks to Texas’ modified comparative negligence rule.
Liability in Texas follows a modified comparative negligence rule, which means courts may find multiple parties partially responsible for causing auto accidents. Therefore, courts can find many reasons to decrease a driver’s potential recovery amount for things like speeding or eating while driving.
However, courts rarely find passengers partially responsible for accidents, which means they typically give passengers 100% of the recovery amounts they deserve.
Who Can Passengers Sue?
Passengers benefit from Texas’ modified comparative negligence rule, but they also benefit from being able to sue multiple parties. Typically, a driver in an accident can only sue another driver for damages, but passengers have more options than drivers.
Passengers can sue the following parties given the circumstances of their accidents:
- drivers of other vehicles who caused a crash;
- drivers of their vehicles if they caused a crash;
- drivers of their vehicles and other vehicles if they share fault in a crash.
Therefore, passengers can receive their recovery amounts from whoever caused the accident (even if two parties are to blame)!
Talk to a Personal Injury Attorney Today
If you or a loved one was a passenger in a Texas car accident and you sustained injuries, you may be eligible to receive just compensation. Attorney Ruben Ortiz is an El Paso-based car accident attorney who’s helped hundreds of clients receive the settlements they deserve. If you’re ready to seek compensation for your injuries, our office is here to help!
Call (915) 308-8850 now for a free consultation for your case!