Drivers are not the only victims when a negligent trucker causes a truck accident. Many individuals who suffer serious injuries or are killed are passengers of the motor vehicle that was struck. If you were a passenger injured in a truck accident, you need to understand your rights and the special considerations that will come into play when you pursue your claim for compensation.
Your Right to Compensation
You have the same right to compensation for your injuries as you would have if you were the driver of the vehicle hit in the truck accident. In Virginia, you can recover your past and future damages. You should receive the following types of compensation in your settlement:
- Medical expenses
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
- Wrongful death damages if a loved one was killed
Unique Considerations to Know About If You’re a Passenger
If you are an injured passenger seeking compensation for your injuries, there are a few considerations that can affect your claim. Here are two important considerations to understand.
More Liable Parties
As a passenger, you have the right to pursue a claim against any liable party who caused the truck collision. This can include the truck driver, trucking company, shipper, truck maintenance company, and parts and truck manufacturer, depending on the cause of the crash.
If the driver of the vehicle that you were in was also negligent, you would also have the right to file a claim against their insurance company. While you may feel uncomfortable pursuing your rights against a friend or family member, you need to keep in mind that their insurance company will be the one paying you. In addition, you increase the likelihood of being fully compensated by pursuing claims against all responsible parties.
In addition to having more liable parties to pay you, there may also be more victims pursuing claims against the same liable parties. The driver and other passengers in the car you were in may have also suffered injuries and have a right to compensation from the parties you are pursuing claims against.
The insurance company is only responsible for paying up to their insured’s policy limit. While the trucking company will most likely have much more insurance coverage, you may not be able to obtain all the compensation you deserve if you must split the insurance proceeds with other victims.
How an Attorney Can Help
If you are a passenger injured in a truck accident, you need the help of an experienced truck accident lawyer if you want to receive the maximum recovery for your injuries. At Tavss Fletcher, we will thoroughly investigate the cause of your crash, identify all liable parties, and aggressively pursue your claims with their insurance companies. To learn more about how we can help you, call our Norfolk office to schedule your free, no-obligation consultation today.