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Your Rights as an Injured Passenger in a California Car Accident

Posted by Dan Kann | May 23, 2022 | 0 Comments

Being involved in a car crash as a passenger is definitely one of the most traumatic and frightening experiences that you can go through in your life. It can cause damage and injuries to you as well as your property.

You can file a compensation claim for your injuries or damages, which will likely be against the insurance policy of the driver of your car. In the situation that the accident is caused because of the negligence of the other driver, you may file a claim against the insurance company of the driver who was at fault.

You may also file an injury claim against your own insurance policy if you have one.

What to do After the Car Crash?

If you are injured as a passenger in an accident, collecting as much information as possible immediately at the scene of the accident is very important. This is because the information can be used as evidence later if you decide to file a compensation claim for any injuries that you might have sustained. A few important things you need to gather:

1. Information regarding the insurance of the driver and other drivers involved in the accident

2. Copy of the accident report as filed by the on-scene law enforcement officer

3. Information regarding any eye-witnesses present on the scene of the accident

Damages that an Injured Car Passenger in California Can Claim

As a passenger involved in a car crash and injured, you have the right to claim compensation for:

· Lost Wages

If someone else was responsible for their injuries, the State of California allows the victims to recover some wages that they may have lost. Due to the injuries, the victim may not be able to go to work or work as effectively as they used to.

· Medical Treatment Expenses

Medical expenses incurred to heal injuries such as emergency services, surgeries, tests, medications, etc. can add up to exorbitant amounts which most people may not be able to afford.

· Mental Trauma and Suffering

California law provides for the recovery of mental stress and other non-economic damages, such as emotional distress, physical pain and suffering, loss of consortium, loss of society and companionship, inconvenience, and loss of reputation.

California's Pure Comparative Fault Law

Under the pure comparative fault law, you can recover damages for injuries in a car accident even if you are partially to blame for the accident. For example, if determined by the court, that a party is 75 percent at fault for causing the accident, they will be liable to pay only three-fourths of the damages.

This is in contrast to a lot of other states, where there is a modified comparative fault doctrine. According to this, a plaintiff cannot recover any damages if they are themselves 50 percent or more responsible for causing the accident.

Legal Help for You as an Injured Passenger in a California Car Crash

The competent and capable auto accident attorneys at the Kann California Law Group are here to help with their experience and knowledge of the California auto accident injury and personal injury laws. Our lawyers will use their skills and expertise to help you recover the maximum possible compensation for your injuries and other damages. Contact us online, or call us at (888) 744-7730 to schedule a free consultation regarding your case.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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