Were you recently a passenger in a vehicle that was involved in an accident? Were you injured and feel that you should be compensated? You have the right to seek payment from the insurance company covering the vehicle in which you were a passenger.
Massachusetts Passenger Injury Laws
The state in which you live will greatly determine how you proceed. It is usually best to hire a personal injury attorney with experience in this area. In Massachusetts, for example, every registered vehicle must carry compulsory personal injury protection. With this, medical bills are submitted to the auto insurance company of the car that hit you. From there, they are expected to pay the first $2k in medical bills. Those who don’t have medical insurance can expect to receive another $6k to cover additional bills and related expenses.
Many people think that being a passenger in a vehicle means that they lose all their rights. Nothing could be further from the truth. Just because you weren’t driving does not mean you are responsible for paying all your medical bills. However, as a passenger, it is a unique legal case, which requires the legal representation of a lawyer familiar with the state’s laws.
Most Common Passenger Injuries
Passengers are subject to the same injuries as the driver when an accident occurs. These are a few of the most common injuries that passenger incur in a car accident:
- Broken bones
- Internal bleeding
- Traumatic brain injury
- Back and neck injuries
- Lacerations to the face
Many of these injuries require immediate medical care, as well as follow-up care. This can get expensive, especially if you have to take time off work. You may incur ambulance fees, medical copays, procedure costs, and prescriptions.
Determine Fault Following a Passenger Injury
Because Massachusetts is a no-fault auto insurance state, they will likely cover the initial cost of your damages. However, some car accidents can lead to serious medical needs that quickly exceed this amount. If this is the case, it may be necessary to determine who is at-fault for the accident and seek compensation from them. If you and your lawyer determine that this is the right move, then we will need to determine the following elements:
- Duty of care: Whether the accident was the driver of your vehicle’s fault or another driver, they owe you a legal duty of care.
- Breach of duty: In order for someone to be responsible, they must have breached that duty of care, either through negligence or intentional harm.
- Causation: The negligence of the responsible driver must have been the cause of the accident.
- Damages: There must be damages present that can be compensated. This includes your medical costs and property damages.
Your lawyer will help you identify each of these important elements.
Contact a Car Accident Passenger Accident Lawyer Today
If you were the passenger in a car accident and you experienced costly injuries, then you may have legal options available. For more help, contact a qualified personal injury attorney. Your lawyer can better explain the law as well as your rights as a passenger.