Liability for passenger car accident injuries in California usually falls on the driver or driver who acted negligently to cause the accident. However, there may be third parties with legal fault, and drivers may share responsibility if multiple acts of negligence contributed to the collision.
LA Century Law explains who is liable for a passenger vehicle accident in CA.
Passenger Rights: Understanding Your Legal Protections
- California car accident fault laws apply to vehicle passengers. Passengers can be victims with a right to claim monetary compensation.
- Compensation usually comes from car insurance policies. It can be tricky to determine which policies apply, sort out policy limits, and communicate among the insurance companies.
- There may be more than one party at fault for the accident. In these cases, the comparative fault may apply.
- If your family member is responsible for the accident, MedPay may provide coverage.
Passengers must identify the responsible party and sources of compensation and must make their claim.
Determining Fault: Drivers, Other Vehicles, and External Factors
Liability for passenger car accident injuries in California begins with examining fault. To determine who is at fault, consider the actions of all drivers involved. Did either driver violate a traffic law or otherwise act negligently? If so, they may have liability for the accident.
However, it’s not only the vehicle drivers that may have liability. If a vehicle is company-owned, the owner may have liability. If the vehicle is borrowed, the owner may be liable for allowing its use. A government may be liable for negligent road construction or design. There may be a claim for vehicle design or a manufacturing defect.
Multiple defendants and joint liability
As a passenger, you should identify every party that may have liability, as the fault may be shared. An example of shared fault is if one driver was speeding but the other driver also ran a stop sign.
Generally, California applies joint and several liability for multiple tortfeasors for economic damages, making each defendant responsible for full damages. Defendants may seek contribution for the respective share of a co-defendant. Defendants are separately liable for non-economic damages according to their share of liability.
Comparative fault
California uses a system of pure comparative fault. When a plaintiff bears some liability for causing a car accident, their compensation is reduced. In California, there’s no point where the victim loses the right to bring a liability claim completely except when the defendant does not fault at all.
While it is uncommon for a passenger to share fault, it is possible. A passenger might have grabbed the steering wheel or the driver, obstructed the view of a driver, or distracted them. But more often than not, drivers and other parties aside from passengers are responsible for car accidents.
External factors
There may be laws or external factors that impact liability. (Example – Wolfe v. Dublin Unified School District, 56 Cal.App.4th 126 (Cal. Ct. App. 1997), where the court applied school immunity to dismiss a case against a school district following a car accident on a field trip.
However, the federal Volunteer Protection Act of 1997 does not apply to motor vehicle operations.)
The Role of Insurance in Passenger Injury Claims
Insurance plays an important role in any car accident claim brought by a passenger. Generally, you first seek compensation through the at-fault party’s insurance.
Uninsured/Underinsured
Even though car insurance is mandatory in California, too many drivers choose to go without it.
With relatively low insurance minimums required in California ($15,000 for injury/death per person and $30,000 per accident), victims reach these limits quickly. Policyholders often don’t have the personal assets needed to cover the rest.
The answer may be the insurance policy for the driver of your vehicle. They may have uninsured/underinsured motor vehicle coverage. This coverage can be paid if you are a passenger in a car and the at-fault driver doesn’t have sufficient insurance.
When the at-fault party is a family member
Your right to claim compensation may be limited when the at-fault party is a family member.
California law allows insurance companies to exclude bodily injury to an insured and residents of the insured’s household. There is case law discussing how the exclusion applies. (National Auto. Cas. Ins. Co. v. Underwood, 9 Cal.App.4th 31 (1992)).
MedPay is insurance that pays for the medical expenses of the policyholder and covered family members. Check for MedPay coverage in your insurance or your immediate family members.
Steps To Take if You’re Injured as a Passenger in a Car Accident
If you’re injured as a passenger in a car accident, seek medical attention right away. You’re not legally obliged to call the police as the passenger, but it’s important to make sure they’re called.
Their accident report can help build your case.
Ask each driver for their name, license, and vehicle information. Write down their address, license number, and license plate. Ask them for their insurance carrier. Do what you can to take photos at the scene, but remember, your safety and medical care are the priority.
Documenting Your Injuries and Accident Details
Document your injuries with prompt medical care. Follow your medical instructions and attend follow-up appointments.
Get a copy of the police report and involve a lawyer as soon as possible so they can document accident details.
Legal Advice for Navigating Passenger Injury Claims
- Like all car accident claims, a person bringing a passenger injury claim must prove their case.
- There is a time limit to file a case. Don’t wait to involve a lawyer.
- Insurance can be complicated when you’re a passenger. Remember, the insurance companies aren’t on your side.
- You have the right to legal representation. LA Century Law can represent you.
- Successful passenger injury claims in California require attention to detail. Our experienced team has collected millions for our clients.
- Compensation may include economic and non-economic damages.
Contact an Experienced San Bernardino Personal Injury Lawyer
LA Century Law is a team of experienced San Bernardino personal injury lawyers. If you were a passenger in a car accident, you may deserve compensation. Contact us today.