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What Are My Legal Rights as a Passenger in a Car Accident

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What if I Was a Passenger in the Car – What Are My Legal Rights?

If you were injured in a car accident as a passenger in someone else’s car, you have important legal rights that include seeking compensation for the legal damages – or losses – that you incur. Car accident claims are complex legal matters, and because obtaining fair compensation is important to your recovery, working closely with an experienced Florence car accident attorney is always advised.

Motorists Owe Everyone on the Road a Duty of Care

The driver in the car you’re a passenger in owes you a duty of care, and so does every other motorist on the road. This means that they each have a serious responsibility to your safety and that if either engages in any form of negligence that causes you to be injured, you can hold the driver responsible for your physical, financial, and emotional losses. This involves filing a car accident claim with the responsible driver’s insurance provider and negotiating a settlement that covers your full range of damages.

The At-Fault Driver’s Negligence

Every car accident is specific to all the unique circumstances involved, but most are caused by driver negligence, which often takes forms like the following:

As a Passenger

As a passenger, you have virtually no control over your own safety. This means that your car accident claim will come down to identifying the at-fault driver, proving their negligence, and demonstrating the full extent of the losses you suffered. As a result, including:

  • Your medical bills, which may need to include future medical care and procedures
  • Your lost wages, which can include losses that relate to your earning potential
  • Your physical and emotional pain and suffering, which – in the wake of a violent car accident – can make your other losses pale in comparison

Building Your Strongest Claim

To obtain the compensation to which you’re entitled, you need a strong claim, and for that, you’ll turn to your accomplished car accident attorney – who will skillfully handle all the following:

  • Gathering all the evidence necessary to prove the at-fault driver’s negligence and the full scope of your losses
  • Guiding you through the claims process while avoiding common pitfalls along the way
  • Providing the insurance company with a statement on your behalf
  • Skillfully negotiating a just settlement with the insurance company
  • Being well prepared to take your case to court if the insurance company denies their policyholder’s negligence or the extent of your losses – or simply refuses to engage in fair negotiations

Consult with an Experienced Florence, South Carolina, Car Accident Attorney Today

Matthew Swilley at Swilley Law Firm, LLC, is a knowledgeable Florence car accident attorney with an impressive track record of obtaining favorable settlements that honor his clients’ rights and that address their complete losses. For more information about what we can do to help you, please contact us online or call 843-773-2789 today.

Have any questions?

Our experienced team is dedicated to guiding you through the legal process and fighting for the justice you deserve
How much time do I have to file a personal injury lawsuit?

You have three years to file a personal injury lawsuit in South Carolina. A claim against the government must be started in two years. You don’t have to complete the case in that timeframe. You can meet the deadline by just one day and still receive your compensation. However, it’s always best to talk to a lawyer as soon as possible.

What is my personal injury case worth?

A personal injury case may seek compensation for economic loss, like medical bills, and personal loss, like pain and suffering. There are many types of losses that a person may have with a personal injury. These losses can be claimed as compensation. What your personal injury case is worth depends on several factors – the losses you have, how fault is assigned, and sources of compensation.

What is the difference between a felony and a misdemeanor?

Felonies are usually more serious offenses than misdemeanors. But each offense has its own maximum incarceration and other penalties.

Generally, felonies carry longer potential jail time than misdemeanors. In addition, felonies may result in the loss of rights, such as firearm possession and voting rights, that are not lost with misdemeanors.

How does the criminal defense process work in SC?

The criminal defense process begins when a person is charged with a crime. The person may be arrested, informed of the charges, or summoned to court. At the first hearing, the person pleads guilty or not guilty. The court may impose conditions on the bond.

More serious offenses begin with a preliminary hearing. There may also be a pre-trial conference and motion hearings, and the parties may discuss a plea bargain.

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