New Haven Car Passenger Injuries

In Connecticut, it matters who is responsible for an accident. Injury victims may file a compensation claim against an at-fault driver’s insurance to cover damages like medical expenses, lost wages, and compensation for pain and suffering. We typically think of car accident claims as between two drivers involved in an accident, but what if an accident occurs while you are a passenger?

A passenger is never the at-fault party in a Connecticut car accident so they may be left wondering how to pursue compensation and how the state’s modified comparison negligence insurance laws apply to car passenger damages in New Haven car accident claims.

Who Is Liable for a Car Passenger’s Damages After an Accident?

Connecticut’s modified comparison negligence insurance law allows car accident victims to recover compensation for their damages by filing a claim against the driver or other entity—such as a negligent road maintenance agency—who caused the car accident, as long as they are less than 51% at fault for the accident. If they contributed to the cause of the accident, their compensation will be minus their percentage of fault. An injured passenger never shares fault for the accident, so they should be able to recover full compensation up to the limits of the insurance policy they file their claim against. Depending on the circumstances of the accident, one of the following parties could be liable for a passenger’s damages:

• The driver of another vehicle who caused the crash by failing to follow traffic laws, engaging in distracted driving, intoxication, or other negligent actions
• The driver of the car in which the passenger was riding if they caused the accident
• A negligent road maintenance or traffic signal maintenance agency
• A negligent road planning agency if they designed a confusing intersection or the accident resulted from inadequate signage
• The manufacturer of a defective auto part or tire

In some cases, multiple parties could have contributed to the cause or severity of the car accident. Depending on the results of an investigation, an injured passenger could recover compensation from one or more of the above parties.

What If the Driver of the Car Is a Relative and They Were at Fault for the Accident?

As an injured passenger, you have a right to bring a claim against the driver who caused the accident, even if that person is a relative or friend. A claim isn’t personal and only rarely becomes a personal lawsuit. Most often, it’s merely a claim against the driver’s insurance policy which is meant to cover damages to injury victims.

Depending on the terms of the driver’s policy, the insurance company may not cover a close family member living in the same household if the driver was the cause of the accident. This can make it challenging to recover compensation if a passenger is related to the driver and the driver was at fault. A New Haven car accident attorney can pursue other options for recovering your damages, such as filing a claim against your own insurance or the insurance of any other entity that contributed to the cause of the accident or the extent of your injuries.

How Can a Car Accident Attorney In New Haven Help?

Insurance companies are not on your side after an accident, even if you were a passenger and in no way at fault for the crash and damages. They often protect their profits at the injury victim’s expense and wrongfully dispute, delay, deny, or undervalue claims. With an experienced attorney assertively arguing for your best interests throughout the process and exploring all avenues to maximize your compensation, you’re far more likely to achieve the best possible outcome for your case. Call Weber & Rubano, LLC for the skilled New Haven car accident attorneys your claim deserves so we can focus on your financial recovery while you focus on your physical recovery.