The Legal Rights of Pennsylvania Car Accident Passengers

Passenger Injuries in Philadelphia Car Accidents

It is the driver’s responsibility to use due care and caution to protect themselves and their passengers. Not only could they possibly collide with another vehicle, but they could also cause a single-vehicle accident. Generally, passengers are unable to cause an accident, however, they may sustain serious injuries in an accident which would not be their fault. A qualified car accident lawyer in Philadelphia can help any passengers that are a victim of a car accident. 

What Are The Legal Rights Of Philadelphia Car Accident Passengers?

Any person who is negligent or played a part in contributing to the passenger's injuries can be held liable for damages, according to Pennsylvania state law. This can include the driver of the vehicle and drivers of other vehicles involved. As long as the passenger can prove that the driver was negligent and that negligence caused their injuries, they can claim compensation for things such as: 

• Past medical bills as well as any medical bills that are reasonably expected in the future.

• Past lost wages, and any future wages that are lost.

• Compensation for career training in case the victim cannot return to their previous job.

• Permanent disfigurement.

• Permanent disability.

• Pain and suffering.

• Loss of normal lifestyle.

• Funeral and burial expenses in wrongful death cases.

Passengers That Are Friends And Family 

Friends and family are generally the most common type of passengers in vehicles. Due to this being too common, many victims are hesitant to file a personal injury claim against the driver’s liability insurance coverage. We recommend that they talk with an experienced personal injury lawyer to go over every viable option. Insurance premiums are likely to increase after an accident regardless of if a claim has been filed against them. Many times, experienced personal injury lawyers and car accident lawyers can settle insurance claims without going to court or trial.

Common Car Accident Injuries In Philadelphia

In many cases, passengers suffer from the same types of injuries that drivers do in a car accident. Car accident injuries can be minor, but they can also be very severe and life-altering or even result in death. Seeking medical attention immediately is the best thing a passenger can do for their health and for their chances at receiving the full amount of compensation they deserve. 

Some common injuries that a passenger can sustain in a car accident are:

Whiplash - Whiplash happens when the head is thrown back and forth with considerable force and is the most common injury sustained in car accidents in Philadelphia. Whiplash can result in injuries to the neck, spine, and head which can include damage to the muscles, tendons, and ligaments. The severity of an injury sustained from whiplash can range from mild to severe. It’s important to remember that this must be diagnosed by a doctor and a physical therapist to ensure the maximum amount of damages can be claimed. 

Broken Bones - Broken bones are another common injury reported in car accidents in Philadelphia. These accidents are traumatic and broken bones can affect the arms, legs, fingers, and other bones throughout the body. When the healing process has started, a physical therapist can help to regain the range of motion, improve flexibility, and improve muscle tone. It’s important to configure the cost of physical therapy into the compensation claim, as physical therapy is not a short-term solution. Weeks, months, and even years of physical therapy may be required to fully recuperate.

Sprains and Strains -  Strains and sprains are a common type of car accident injury. Sometimes, just simply tensing up muscles during the crash can cause damage to the muscles and cause a sprain or strain. An experienced physical therapist will recommend a therapy plan to work out the aches and pains, soreness, and cramps that are caused by the accident. 

Dislocations - Dislocations are painful, but they can most often be fixed during the post-accident emergency room visit. However, when a joint is dislocated there may be some long-term damage that requires a physical therapist to fully heal correctly. Dislocated jaws, fingers, shoulders, etc can cause damage to the surrounding muscles and ligaments, and a physical therapist knows exactly how to help the victim get back to normal mobility. 

Deep Bruising and Stiffness - Deep bruising occurs in the muscle tissue and is painful. While it may take a while to heal, the muscles and joints surrounding the deep bruising can tighten or stiffen as the area is being favored. Sometimes, a physician will recommend physical therapy to make sure everything is working properly once healed. 

Back Injuries - Back injuries sustained in a car accident are serious injuries and can end in life-long complications. Once the severity and type of back injury are identified, physical therapy will most likely be needed to return to full mobility. When surgery or immobilization is required to heal the back injury, physical therapy will be prescribed as part of the recovery regimen. It’s important to claim compensation so that the cost of extended care is fully covered. 

Symptoms of Injuries in Philadelphia Car Accidents 

It’s very important and recommended that the victim of a car accident seek professional medical help immediately after being in a Philadelphia car accident. Adrenaline has been known to mask symptoms of injury, and the victim may not know there is something seriously wrong until it is too late. Even less severe injuries must be treated to acknowledge that the victim was injured. Diagnosis, treatment plans, and doctor's records are all required to be able to claim compensation 

Two Philadelphia Drivers Are At Fault In An Injury Accident

Sometimes in car accidents, the fault is given to both the driver of the vehicle the passenger is in and the driver of the other vehicle involved. Due to Pennsylvania laws requiring that fault be split when necessary, sometimes one driver is held 75% responsible and the other 25%. In these instances, the passenger can seek compensation in proportion to the assigned amount of fault. 

Comparative Negligence 

Although highly unlikely, the passenger of the vehicle can be assigned fault in a car accident. If a passenger is negligent such as being a distraction or jerking the wheel, they may be found at fault for the accident and any injuries sustained. If this were to happen, the passenger may still seek damages minus their percentage of fault in the accident. For example, if the passenger was found to be 25% at fault, and they are seeking $100,000 in damages, they will only receive $75,000. No compensation or award is allowed if the passenger is found to be 50% or more at fault. 

Uninsured Motorists

If the passenger is in a car accident and the driver is uninsured, the passenger may be able to file a claim under their own uninsured motorist (UM) coverage. If the car that caused the accident only has a minimum of $15,000 in coverage, then the passenger may be able to file a claim under their own underinsured motorist (UIM) coverage. 

Contact A Philadelphia Passenger Injury Attorney Today

Passengers that are victims have special legal conditions applied to them. It’s very unlikely that the passenger is at fault for the accident, therefore they are entitled to compensation if they have been injured. Make sure to contact a passenger injury lawyer before signing over any medical records or giving the opposing insurance agency a recorded statement.