If you suffered a car passenger injury, liability will depend on who was at fault for the accident. Consulting with an Atlanta auto accident attorney can help you learn if you are entitled to file a claim. Compensation could include your medical expenses and lost wages.
Determining Negligence in a Car Passenger Injury
Liability will usually be with the driver of the car you were traveling in or the driver of another vehicle depending on who is at fault for the accident that caused your injuries. In some instances, there could be more than one party at fault.
As a passenger, you generally have no control over the actions of the driver. There may be exceptions to this, such as getting into a car with a driver you know is unfit to operate a motor vehicle. If you were to be injured under these circumstances, it may be very difficult to file a claim for compensation.
Negligence of a driver could include violation of a traffic law, such as running a red light or speeding. Making an unsafe left turn in front of an oncoming car or failing to yield to other vehicles are other examples that may constitute negligence and could lead to an accident.
For instance, let’s say the car you were in had just exited the Westpark Walk Shopping Center and you turned onto Lanier Avenue. If there was an oncoming vehicle and the driver of the car you were in turned into its path, he or she could be liable for any resulting injury.
Drivers who are distracted can be found negligent if they are:
- talking to a passenger;
- texting while driving; or
- reaching for an object.
Of course, these same actions of another driver in another vehicle could also be considered negligent.
Evidence Required to Prove Car Passenger Injury Liability
To file a claim against the driver or another party, you will need to have adequate evidence. One piece of documentation that can be helpful to your case is the police report.
If the driver of the car you were in or another driver were issued a citation, this can help demonstrate actions that may have contributed to or caused the accident. Sometimes the report will make note of the responding officer’s opinion of what happened, which can be critical if you suffered a car passenger injury and liability is in question.
Statements from witnesses can also be helpful in proving liability. It’s important to get names and phone numbers of those who would be willing to provide testimony as to what they saw.
Photographs can be critical pieces of evidence, too. If you are able to get pictures of the entire accident scene, the damaged vehicles and other relevant shots, such as signs or road conditions, this could also help when demonstrating which party is liable for your injuries.
Of course, if you hope to receive any compensation, you will also need evidence that supports your claims of injury, like copies of your:
- medical records and bills;
- prescription medications filled; and
- anything else that demonstrates you required medical treatment as a result of the auto accident.
Consulting an Atlanta Auto Accident Attorney
According to the Centers for Disease Control and Prevention (CDC), in 2009 there were more than 2.3 million adult drivers and passengers who had to be treated in an emergency department as a result of a motor vehicle accident. With traffic crashes being a leading cause of death in the U.S., it is considered to be a serious health problem.
Determining liability in an accident can be complicated. Talking with an attorney who handles auto accident claims can help you learn the different ways you may be able to prove fault. Don’t delay in seeking legal counsel when you have suffered serious injuries. Jason Schultz is an Atlanta area auto accident attorney who can explain if you have a viable claim and will work hard to help determine car passenger injury liability. Call 404-474-0804.