October 29, 2020

Can I Sue the Driver if I Was Hurt as a Passenger in California?

In California, if you have been injured as a passenger in a vehicle where the driver was at fault for the accident, you may the right to bring an injury claim against the driver. This includes not only if the driver was a taxi, bus, or another chauffeur, but even a friend, spouse, or another family member.  In most instances, a passenger has little if any comparable fault for an accident.  This means that a passenger usually is entitled to the full value of their injuries.  Our Los Angeles passenger rights lawyer wants you to understand these important rights under California law that most passengers in a vehicle do not know about.

But, as in all injury claims, it comes down to proof of the driver’s negligence. In California, we recognize fault in matters of injury claims. As the injured party, the at-fault driver’s insurance will be responsible to pay for your injuries and medical bills associated with the accident. When the fault is not clear or if the insurance company denies your claim, you will need to prove the negligence of the driver and then go on to prove that your injuries and damages were a result of that negligence.

As the victim, you have the “burden of proof” that the driver owed you a duty of care as a passenger, that he or she breached that duty, that the resulting accident caused by that breach resulted in your injuries, and that you have suffered damages because of those injuries.

Proving fault and negligence can be complicated matters. If you have been injured as a passenger in someone else’s car, you owe it to yourself to get the advice of an experienced Los Angeles passenger rights lawyer. For more information and a FREE case review, contact us today at (888) 588-1777.  We are ready and willing to help.