What to Do as an Injured Passenger
Being involved in a car accident as a passenger can be a frightening and disorienting experience. Passengers are often left wondering what steps they should take to protect their rights and secure compensation for their injuries.
In Louisiana, the process of filing a personal injury claim as an injured passenger involves several important steps, including seeking medical attention, gathering evidence, and understanding the legal options available.
This blog will guide you through what to do if you're injured as a passenger, how Louisiana law impacts your claim, and the key considerations for pursuing a personal injury case.
Immediate Steps After the Accident
The moments following a car accident are critical for your health and any potential personal injury claim. As an injured passenger, there are specific actions you should take to protect yourself and strengthen your case.
Seek Medical Attention: The first and most important step is to seek medical attention, even if you feel fine initially. Some injuries, like whiplash or internal bleeding, may not be immediately apparent. A thorough medical evaluation will document any injuries and establish a record that can be used in your personal injury claim.
Call the Police: Make sure that the accident is reported to the police. A police report is a crucial piece of evidence that will detail the circumstances of the accident, including who was involved, where it occurred, and any initial findings regarding fault. Make sure to request a copy of the report for your records.
Gather Information: While at the scene, collect as much information as possible. This includes the names, contact details, and insurance information of all drivers involved in the accident. If there are any witnesses, obtain their contact information as well. Taking photos of the accident scene, the vehicles, and any visible injuries can also be valuable evidence.
Limit Communication: Avoid discussing the details of the accident with anyone other than the police and your attorney. Be cautious about what you say, as statements made at the scene can potentially be used against you later. It’s advisable not to admit fault or speculate about the cause of the accident.
Understanding Your Legal Rights as a Passenger
As a passenger, you have certain legal rights that allow you to seek compensation for injuries sustained in an accident. Understanding these rights is essential when pursuing a personal injury claim in Louisiana.
Filing a Claim Against Multiple Parties: In Louisiana, injured passengers have the right to file a personal injury claim against any or all drivers involved in the accident. This includes the driver of the vehicle you were in as well as any other drivers who may have been at fault. Louisiana follows a comparative fault system, meaning that each party can be held responsible for a percentage of the damages based on their level of fault.
Personal Injury Protection (PIP) Insurance: While Louisiana doesn't require drivers to carry Personal Injury Protection (PIP) insurance, some policies may include this coverage. PIP can provide immediate compensation for medical expenses and lost wages regardless of who was at fault. If the driver of the vehicle you were in has PIP coverage, you may be able to file a claim under their policy.
Uninsured/Underinsured Motorist Coverage: If the at-fault driver doesn't have sufficient insurance to cover your injuries, you may be able to file a claim under the uninsured/underinsured motorist (UM/UIM) coverage of the driver of the vehicle you were in. This coverage is optional in Louisiana, but many drivers carry it as an added layer of protection.
Pursuing a Personal Injury Claim in Louisiana
Once you've taken the initial steps and understand your legal rights, the next phase involves actively pursuing a personal injury claim. This process can be challenging, but with the right approach, you can increase your chances of securing fair compensation.
Consult With a Personal Injury Attorney: One of the most important steps is to consult with a personal injury attorney who is experienced in Louisiana law. An attorney can provide valuable guidance on the best course of action, help you understand the potential value of your claim, and negotiate with insurance companies on your behalf.
Document Your Injuries and Expenses: Keep detailed records of your medical treatment, including doctor visits, medications, surgeries, and rehabilitation. Additionally, track any expenses related to the accident, such as transportation costs for medical appointments and lost wages due to time off work. This documentation will be essential when calculating the damages in your personal injury claim.
Negotiate With Insurance Companies: Insurance companies may attempt to settle your claim quickly, often for less than what you deserve. It’s important not to accept the first offer without consulting your attorney. A personal injury attorney can help negotiate a settlement that reflects the full extent of your injuries and losses.
Filing a Lawsuit: If a fair settlement can't be reached through negotiations, you may need to file a lawsuit. In Louisiana, the statute of limitations for personal injury claims is generally one year from the date of the accident. This means you have a limited time to pursue legal action, so it’s important to act quickly.
Factors That Can Affect Your Personal Injury Claim
Several factors can influence the outcome of your personal injury claim in Louisiana. Being aware of these factors can help you better understand the potential challenges and opportunities in your case.
Extent of Injuries: The severity of your injuries will significantly impact the value of your claim. More severe injuries that require extensive medical treatment, and rehabilitation, or result in permanent disability will generally lead to higher compensation.
Fault Determination: Louisiana’s comparative fault system means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
Insurance Policy Limits: The insurance policy limits of the at-fault driver(s) can also affect the amount of compensation you receive. If the damages exceed the policy limits, you may need to explore other avenues for compensation, such as UM/UIM coverage or filing a lawsuit.
Pre-Existing Conditions: If you had a pre-existing medical condition that was aggravated by the accident, the insurance company might argue that your injuries aren't entirely related to the accident. Your attorney can help demonstrate how the accident exacerbated your condition and contributed to your current injuries.
Protecting Your Rights as an Injured Passenger
Being injured as a passenger in a car accident can be a traumatic experience, but understanding your legal rights and the steps to take can help you manage the situation more effectively. In Louisiana, passengers have the right to pursue a personal injury claim against the at-fault parties, and with the right approach, you can secure the compensation you deserve.
By seeking medical attention, gathering evidence, and consulting with a personal injury attorney, you can protect your rights and work toward a fair resolution. Whether through negotiation or litigation, having a clear understanding of Louisiana’s personal injury laws and the factors that affect your claim is key to achieving a successful outcome.
If you’re a passenger who’s injured in an accident, know that you’re entitled to compensation. You need experienced personal injury lawyers, such as our team at the Law Office of Bruce C. Betzer, to fight for the money you deserve. We’ll adapt to your situation, fight for fair compensation, deal with insurance companies, and more, all so you’re able to focus on healing. Contact us today to schedule your consultation. We serve Metairie, Louisiana as well as Chalmette, New Orleans, Jefferson Parish, and St. Tammany Parish.