Car accidents are terrifying and traumatic for everyone involved, but the particular helplessness passengers feel in an accident sometimes adds additional emotional trauma on top of physical injuries. In fault-based insurance states like Texas, a passenger is never liable for damages to others in a car accident and may recover compensation for serious injuries from the responsible driver, whether it’s the driver of the vehicle they were inside or another driver. Bus passengers, Rideshare passengers, and taxi passengers also have a right to seek compensation from the responsible party in an accident if they’ve suffered injuries.
Shaw Cowart’s highly skilled Austin car accident lawyers are dedicated to helping injured victims across Texas seek justice and compensation. Their team meticulously investigates accidents, holds negligent parties accountable, and fights for fair settlements to cover medical costs, lost income, and other damages.
What Types of Injuries are Common For Passengers In Car Accidents In Austin?
The crash force of an accident propels a passenger forward at the speed the car was traveling before the collision. Then, the seatbelt snaps them forcefully back against the seat—all while the vehicle collapses inward at the point of impact. According to crash force experts, a 140-pound car passenger becomes a 6,300-pound force in a collision. Common passenger injuries in Austin car accidents include:
- Head injuries/traumatic brain injuries
- Whiplash and other neck injuries
- Back injuries
- Chest and thoracic injuries/internal organ damage
- Fractures of the limbs, ribs, hips, pelvis, clavicle, and vertebrae
- Facial and dental trauma
- Spinal cord injuries
- Traumatic limb loss
- Soft-tissue injuries to the muscles, ligaments, tendons, and nerves of the wrists, shoulders, arms, knees, and ankles
- Burns
- Lacerations, contusions, and abrasions
When a passenger’s car accident injuries result in their death, close surviving family members may seek wrongful death benefits from the at-fault party.
Proving Liability for Passenger Injuries In Austin Car Accidents
Texas is a fault based insurance state. For a passenger to recover damages, they must provide compelling evidence of liability. Typically, a driver is liable for damages, but in some cases, a negligent road maintenance agency, road construction crew, or the manufacturer of a defective part causes or contributes to an accident. Proving liability for an injured passenger’s losses requires documenting evidence showing the following:
- The at-fault party owed a duty of care to the passenger and others on the road
- They breached this duty through negligence (careless, reckless, or wrongful actions)
- The breach of duty directly caused the accident and injuries
- The injury victim suffered economic and non-economic damages from the injury
The injury victim must prove liability through a preponderance of the evidence. A car accident lawyer documents this evidence and sends a compelling demand letter to the appropriate insurance company, along with a list of the injured passenger’s damages.
What Damages Can I Recover In an Austin Car Accident Passenger Injury Claim?
Injuries are expensive as well as painful and temporarily or permanently debilitating. Common damages recovered in passenger injury claims include the following:
- Reimbursement for medical expenses
- An amount for anticipated future medical expenses
- Compensation for lost wages
- Future income loss or diminished future earning capacity
- Compensation for pain and suffering
Depending on the individual circumstances, additional compensation may be available for catastrophic injury cases, including compensation for disfigurement, loss of limb, loss of vision, loss of hearing, the loss of an organ, diminished quality of life, or PTSD.
How Can a Texas Passenger Injury Attorney Help?
Injured passengers deserve compensation for the economic, physical, and emotional losses they experience from car accident injuries. These losses are the “damages” in an accident claim. Reach out to the best car accident lawyers in Austin at Shaw Cowart LLP today so you can learn more about your legal rights and options.