In most car accident cases, passenger negligence is never an issue. Most injured passengers are innocent victims of car accidents. The passengers have no control over the actions of either driver involved in the collision. The passengers are merely “along for the ride.”
However, there are some cases involving passenger negligence. If you believe passenger negligence caused your accident in Miami, FL, you want an experienced Miami passenger negligence lawyer to handle your case.
Contact our Miami personal injury lawyer at Lavent Law, P.A., for a free consultation to discuss your personal injury claims.
- 1 How Lavent Law, P.A. Can Help if You’ve Been Injured in a Car Accident Due to Passenger Negligence
- 2 What is Negligence?
- 3 Can a Passenger Be Negligent in a Car Accident?
- 4 Can a Passenger’s Negligence Bar Recovery for Injuries?
- 5 What Damages Are Included in a Car Accident Claim?
- 6 Schedule a Free Consultation With Our Miami Personal Injury Lawyers
How Lavent Law, P.A. Can Help if You’ve Been Injured in a Car Accident Due to Passenger Negligence
Have you been involved in a car accident in Miami due to a passenger’s negligence? You may be facing personal injury claims from another driver or their insurance company. You may have ever suffered your own injuries and financial damages due to your passenger’s behavior. In either case, it is in your best interest to consult with an accident attorney in Miami, Florida.
Our Miami personal injury attorney understands how complex these cases are and how difficult it can be to show a passenger was at fault for your accident.
Our legal team at Lavent Law, P.A. has been recognized by the American Institute of Personal Injury Attorneys as one of the “10 Best Attorneys for Client Satisfaction.”
When you hire our lawyers, you can expect us to:
- Foster an honest, trustworthy attorney client relationship
- Investigate the accident to gather evidence
- Handle all communications and matters with the insurance company, including filing an insurance claim
- Aggressively pursue maximum compensation for your car accident claim
- Protect your best interests inside and outside of the courtroom
- Keep you updated on the progress of your case
Contact our law firm today to schedule your free consultation with an experienced Miami personal injury attorney.
What is Negligence?
Negligence is the basis for most car accident cases in Florida. A person is negligent when they fail to use a level of care that a reasonable person would exercise in a similar situation.
In most car accident cases, a plaintiff attempts to prove that another driver negligently breached their duty of care to drive carefully.
The plaintiff must also prove that the other driver’s negligence was the direct and proximate cause of their injuries and damages. The same applies to car accidents that result in wrongful deaths.
Examples of negligence in typical car accident cases includes:
- Failing to yield the right of way
- Driving on the wrong side of the road
- Speeding and reckless driving
- Driving under the influence of alcohol or drugs
- Operating a motor vehicle while distracted, including texting while driving and talking on a cell phone
- Following another vehicle too closely (tailgating)
- Failing to stop for a pedestrian crossing
- Driving in a bicycle lane
- Failing to use turn signals
- Violating traffic laws
If you prove that the other driver was negligent in causing the car accident, you might be entitled to compensation for your injuries and damages.
Can a Passenger Be Negligent in a Car Accident?
In most motor vehicle accidents, passengers are not considered negligent. However, there are cases in which a passenger could be found negligent for causing a car crash. You will have to prove your passenger breached their duty of care to you or another driver, thereby causing your injuries or those of another.
For instance, if the passenger grabs the steering wheel, the passenger could be negligent if the car crashes because of their actions. If the passenger attacks the driver or interferes with their driving, the passenger could be negligent if that action causes a car wreck.
If the passenger is negligent, the passenger could be held liable for damages caused by the car crash, including economic damages for financial losses and non-economic damages for pain and suffering.
Can a Passenger’s Negligence Bar Recovery for Injuries?
If the passenger was negligent in causing the car accident, a jury might find that the passenger is not entitled to compensation for damages.
The jury may also find that the passenger’s compensation should be reduced by a certain percentage.
What Damages Are Included in a Car Accident Claim?
If your passenger or another driver is liable for your damages from a car accident, you could receive compensation for:
- Economic damages, including property damage claims, loss of income, and medical expenses
- Pain and suffering damages, including physical suffering, emotional distress, and mental trauma
- Permanent impairments and disabilities, including scarring, disfigurement, paralysis, and amputations
- Loss of quality of life or enjoyment of life
- Decreases in future earnings and ongoing medical and personal care costs
How much money you may receive for your claim depends on several factors, including your injuries’ severity, your contribution to the crash, and the strength of your evidence.
Schedule a Free Consultation With Our Miami Personal Injury Lawyers
Passenger injury claims are subject to the same statute of limitations as injury claims for drivers, pedestrians, and bicyclists. Do not wait to contact our office to discuss your case. Call now for a free consultation with our Miami passenger negligence attorney.