Can a Passenger Involved in a Car Crash Sue Their Driver?

passenger involved in a car crashA car crash can be traumatic in and of itself. Being a passenger involved in a car crash can leave you feeling helpless, as you have little power to stop the crash from happening. However, when it comes to being a passenger injured in a car crash, it may be a little easier to acquire possible damages for your injuries.

Typically, passengers have no liability in car crashes, as they usually have no hand in causing them. If there is a multi-vehicle collision that caused a passenger injury, it is likely they will have a claim against all drivers involved, including their own driver. Whoever is found to be at fault can be held liable for the following:

  • Medical expenses
  • Lost wages
  • Emotional trauma
  • Any permanent disability

What is Joint and Several Liability?

Although more than one driver may be held responsible for your injuries in a car crash involving multiple vehicles, it is not always possible to recover the entire amount of damages awarded from each of the drivers at fault.

Tennessee follows the rule of joint and several liability, which says that if multiple drivers were involved, the case is governed by comparative fault. More specifically, each driver is liable only for the percentage for which they are responsible for.

Meaning, if a driver is only 40 percent responsible for a car crash, while your driver is 60 percent responsible, neither will likely pay 100 percent of the damages you are awarded. However, every circumstance is different. Accidents can have other causes, such as mechanical error or poorly designed roads, which means third parties can also be held responsible for any injuries that result. In specific cases where more than two vehicles are involved, it is important to consult with a car accident attorney who can determine your rights in the situation and help you determine who is accountable for any injuries.

Stanley A. Davis is an experienced Nashville car accident attorney who can help you if you have sustained injuries in a car crash.

“Heal me, O LORD, and I shall be healed; Save me, and I shall be saved, For You are my praise.” Jeremiah 17:14



Tags:

Leave a Reply

Your email address will not be published. Required fields are marked *