Understanding Passenger Rights in a Car Crash

Understanding Passenger Rights in a Car Crash

Can a Passenger Sue for Damages?

No driver ever expects to be involved in a collision, and more often than not, a passenger doesn’t get into a vehicle with someone who is presumed to be a dangerous driver. However, there may be instances in which the driver or another vehicle causes an accident that results in the passenger’s injury. When this happens, there are certain rights that pertain to the passenger — one of which is that they have a right to compensation for their injuries.

Who is Liable for the Passenger’s Injuries?

Liability for the passenger’s injuries is likely going to fall on either the driver or other motorist, depending on who is found at fault. However, there may be instances in which all three parties may assume partial fault, due to Arkansas civil procedure.

Comparative Fault

Arkansas observes a modified comparative fault doctrine that affects the compensation that may be awarded after an accident. Under this modified version, if the victim is found to be at 50% or greater at fault, they will be unable to retain compensation.

This can apply to passengers if the injury could have been prevented by something like wearing a seatbelt, they may assume partial liability. Since Arkansas requires that anyone who sits in the front seat be wearing a seatbelt (15 and under in the back), a front-seat passenger choosing to not wear one may be seen as negligence.

However, it is much more likely that one of the two drivers will assume most, if not all, liability for a passenger’s injuries because they initially caused the accident that did bodily harm. In these situations, it is always best to seek the advice of a personal injury attorney to better understand your rights to representation and compensation.

Our Arkansas Personal Injury Attorney Can Help

Easley & Houseal, PLLC is dedicated to protecting the rights of passengers who are injured in a car accident. If you or a loved one was in a car crash and sustained an injury, call (870) 330-0015 to schedule a consultation with one of our attorneys.


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