Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Who Can Injured Passengers Sue After a Car Accident?

March 15, 2016 by Michael Waks

car accident lawyer passenger accidentsPassengers in a car trust the driver to keep them safe.  They also rely on motorists in surrounding vehicles to drive safely and follow traffic laws.  Unfortunately, as a car accident lawyer I have seen passengers severely injured or killed when drivers fail to exercise reasonable care, or violate the rules of the road.

Passengers aren’t in control of the car they are riding in and cannot do anything to avoid accidents.  As a result, when there is a crash, someone else is always at fault.  Passengers, or their surviving family members, need to determine who was to blame for the car accident in order to file a claim and be compensated for personal injury or wrongful death losses.

Passenger Lawsuits Following a Motor Vehicle Accident

California Civil Jury Instruction Section 711 acknowledges that passengers are not responsible for driving safety when riding in someone else’s vehicle, but it does expect them to use good judgement before getting into a car.  According to the relevant instruction:  “A passenger is not required to be aware of the conditions on the highway and is entitled to expect that a driver will use reasonable care.  However, if a passenger becomes aware of [a danger on the highway] [the driver’s impairment or failure to use reasonable care], then the passenger must take reasonable steps to protect his or her safety.”

Passengers can not control the way a motorist drives his vehicle.  If the driver has an accident and his passenger gets hurt, the passenger can file a car accident claim case against the driver.  Before the passenger can do that, however, he needs to prove the driver’s actions were negligent.  One way to do that is by showing the driver violated a safety rule.  If the driver broke a traffic law, there is a presumption that he failed to exercise reasonable care.  The passenger can also prove negligence by demonstrating the driver was driving more recklessly than an average reasonable driver.

Injured passengers are entitled to full and fair compensation of their damages.  The at-fault driver’s insurer will cover the cost of an injured passenger’s damages, up to the driver’s policy limits.  Passengers are often hesitant to pursue a claim when the driver is a friend.  Since it is the insurer who pays – and paying for losses is the very purpose of insurance – victims of accidents should feel comfortable making a claim.  It is the driver’s insurance company, not the driver, who will pay for the victim’s losses.  An injured passenger should not be left with unreimbursed out-of-pocket or other damages.

Although passengers are not held accountable for a car crash, California law does make clear that passengers need to take reasonable precautions to ensure their own safety.  For example, a passenger is expected to wear a seatbelt and not to get into a car with a driver the passenger knows is drunk. If a passenger violates his own duty of care, California’s comparative fault laws may find he was partially responsible for his own injuries.  When that happens, the passenger’s recovery is reduced by the percentage of fault attributed to him.

In some cases the driver of the car the passenger is in is to blame for a crash.  In other cases, it is the driver of another car who was to blame.  An injured passenger can sue whoever was at-fault for the car accident.  If the at-fault driver was working at the time of the crash, the passenger could also potentially sue the negligent driver’s employer for losses.

Depending on the circumstances surrounding the accident, a passenger could sue the road designers or those in charge of road maintenance if road conditions caused the collision.  Vehicle manufacturers can also be sued if car defects lead to a crash.

Getting Help from a Long Beach Car Accident Lawyer

Your Injuries are Personal to Me

A Long Beach car accident lawyer will help passengers determine who should be sued when the passenger gets hurt in a crash.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation to speak with a Long Beach car accident lawyer to learn how I can help you if you’ve suffered a car accident injury. You will be under no obligation and you will never pay any money unless you recover compensation for your losses.

You can also download my convenient glove box checklist to keep in your car so you will know what to do if a crash occurs.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing