Can I Sue a Careless Driver If I Was His Passenger?

 Posted on February 15, 2022 in Car Accident

Negligent drivers are a danger to everyone on the road - including those inside their vehicles. The passengers of a driver who carelessly causes a car crash are just as likely to be injured as those in the not-at-fault vehicle, assuming there is a second car involved at all. This sometimes happens to rideshare passengers as well, who know little or nothing about the person whose car they are getting in and have no way to assess in advance whether they are a safe driver. Generally, the passengers of a driver who negligently crashes the car will be able to recover, with limited exceptions.

If you were injured by the person who was driving the car you rode in, it is a good idea to seek out an attorney who has experience handling this particular type of case.

Will I Be Able to Recover From the Driver Whose Car I Was in?

The driver of a vehicle owes a legal duty to his passengers to use reasonable care to avoid causing an accident that leaves passengers injured. Passengers may experience intense feelings of terror and helplessness when the driver of the car they are riding in starts driving in a dangerous fashion, as they can do nothing to prevent a crash. In Colorado, as long as the driver of the car you were in can be proven negligent, you will be able to recover in most cases.

Our firm recently won a case on behalf of the passengers of a drunk driver. The driver not only got behind the wheel despite being intoxicated, but he allowed passengers into his car as well, putting them in harm’s way. The drunk driver ultimately caused a crash that injured his passengers. Our firm was able to secure $1 million for the injured passengers - the limit of the drunk driver’s insurance policy limits.

When Can a Passenger Not Recover From a Careless Driver?

Generally, the only time a passenger cannot recover against their driver is if the passenger and the driver are immediate relatives covered under the same insurance policy. Insurance policies are typically written so that close family members sharing a policy cannot recover damages from the insurance company for crashes caused by each other.

If your spouse or teenage child caused the crash you got hurt in, you may not be covered. However, if your cousin, who is not on your policy, caused the crash, you may still have a case.

Call a Larimer County Car Crash Lawyer

If you were injured due to the carelessness of the driver whose car you were riding in, contact Hoggatt Law Office, P.C.. Our skilled Fort Collins car accident attorneys are experienced with this particular type of case and will fight to get you the highest possible amount of damages. Call 970-225-2190 for a free consultation.

Source:

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Committees/Civil_Jury_Instructions_Committee/2018/Chapter%209.pdf