What Passengers Need to Know about Filing a Lawsuit after an Accident

If you are injured in a traffic accident as a passenger in the vehicle, you may have no idea of what steps to take following an accident. The fact is that you have considerable rights, and protecting them from the outset is key. The sooner you have an experienced Cumming, GA, car accident attorney at Banks, Stubbs & McFarland backing you up, the better positioned you’ll be to collect on the full scope of your legal damages.

Filing Your Claim

First, get the medical care you need. Next, consult a determined car accident lawyer. This ensures your claim is strong and covers physical, financial, and emotional losses. Your lawyer will file a thorough claim with the at-fault driver’s insurance provider for you. This helps you reach a fair settlement or, if needed, recover your losses through litigation.

How Your Claim Differs from One in Which You Were Driving

As a passenger in a car accident, you have the same rights as if you were the driver. Usually, you will not be found at fault for the accident.

The Designation of Partial Fault

When a partial fault is assigned to an injured driver, they can seek compensation only for the percentage of fault attributable to the other driver. This is called comparative fault, and it applies only when the claimant is less than 50 percent responsible for the accident. For example, if a speeding driver is hit at an intersection by a drunk driver and is assigned 10 percent of the fault, their settlement will be reduced by that 10 percent.

Seeking Your Complete Legal Damages

As a passenger, comparative fault does not apply to you. You can claim the full value of your legal damages, including:

  • Your lost income, which may need to reflect your lost earning power and could potentially include an emotional component
  • Your physical pain and emotional duress, which can far exceed your other losses combined, and can be more challenging to effectively resolve

A determined car accident lawyer will work hard to prove the full extent of your losses.

You Need an Experienced Cumming, GA, Car Accident Lawyer on Your Side

The experienced Cumming car accident attorneys at Banks, Stubbs & McFarland focus on guiding complex claims like yours toward the best possible resolution. Contact us onlilne or call 770-887-1209 to learn how we can help you.