Do Passengers Have Rights in Vehicle Accidents?
June 14, 2022 | Category: Automobile Accidents | ShareLocal media covers vehicle accidents every day that involve drivers and their passengers. Many people are familiar with the rights of drivers if they are injured because of the negligence of another driver. However, questions may arise regarding passenger rights and how to protect them.
Passengers in vehicle accidents may tragically die or suffer any number of injuries including:
Florida has laws that allow passengers to recover compensation for such things as medical expenses, prescriptions, loss of earnings, loss of earning capacity, emotional trauma, and the loss of companionship.
- Under Florida law, passengers can recover through their personal injury protection (PIP) insurance even if they were not the driver. However, to have PIP, the passenger must possess a vehicle. If they do not, there are other sources of reimbursement.
- Since Florida is a no-fault state, the bodily injury liability insurance policy on the car in which the passenger, or passengers, were riding could cover the compensation awarded.
- Should another driver be responsible for the accident, then the driver and passenger(s) may be entitled to benefit from the at-fault driver’s insurance.
- Another potential is a claim against the driver’s insurance if the injuries are serious, such as:
- Permanent injury
- A significant limitation of a body function
- Fractures of the bone(s)
- Injuries that require the passenger to be on disability for at least 90 days
When an accident causes serious injuries to passengers, the case may be difficult for them to negotiate without our experienced Florida personal injury lawyers who will guide them through the process. Spivey Law Firm, Personal Injury Attorneys, P.A. has a proven record of results assisting passenger victims. To view some of our case results, please go to Settlements & Verdicts. Following are just a couple of them:
- A jury verdict was obtained for a passenger who was injured in a car crash in Arcadia, Florida.
- A Cape Coral motor vehicle accident victim suffered burns when he was a passenger in a crash and received a favorable jury verdict.
It is important to contact Spivey Law Firm, Personal Injury Attorneys, P.A. immediately after seeking medical treatment for various reasons, a couple of which are that:
- There are requirements for the timeframe for seeking medical treatment after an accident. Our experienced personal injury legal team provides the information our clients need to conform to the requirements. We also file a letter of protection with the medical provider that allows the victim to have medical services for the accident injuries without having to incur medical payments at the time of service.
- Different types of personal injury cases have different statutes of limitations. Generally, Florida Statute Section 95.11 sets a timeframe for filing a lawsuit at four years from the date of the accident. If accident victim attorneys do not submit a personal injury lawsuit within the legal time limit, the accident victim could lose his or her rights. We recommend seeking our free legal consultation immediately following seeking medical attention because evidence may be lost, and memories do fade.
"Should you or a loved one be injured in an accident please contact me at 239.337.7483, toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com," said Fort Myers Accident Attorney Randall Spivey.