If you are injured while a passenger in a car involved in a car accident in Texas, you should know your legal rights. More than 80,000 people are injured each year in crashes in Texas. Car accident victims, including passengers, have important rights, but many people do not take advantage of the rights provided by law and are left with medical debt. If you have been in a Texas car accident and face serious injuries, you don’t have to manage the healing, medical expenses, or legal matters alone.
When you reach out to Byrd Davis Alden & Henrichson LLP, we can provide you with outstanding information and support during this difficult time. Understanding and exercising your rights can help prevent you from being financially devastated after suffering car accident passenger injuries caused by someone else’s negligence. The quickest way to understand your rights is to take advantage of a free consultation with an experienced personal injury attorney. Understanding your rights helps you know where you stand after a crash.
Car Accident Passenger Rights in Texas
Texas civil law requires drivers to pay for the motor vehicle accidents they cause and affords all those involved, including passengers, certain legal rights and responsibilities.
Passengers Have the Right to Request Information
As a passenger in a car accident, you have a right to request the names, addresses, vehicle registration numbers, driver’s license information, and insurance information of all drivers involved in the car accident.
If a driver refuses to provide his or her license or insurance information when requested, let the police deal with the driver. The police officer will gather the information, and you can obtain it from the police.
You are entitled to ask for the names, numbers, and insurance details from the other driver and passengers involved in the accident. If the other driver is uncooperative, allow the police officer to collect the necessary information. Additionally, you have the right to seek medical treatment for your injuries.
Injured Passengers Have the Right to Request Reasonable Assistance
If you are injured, you have a right to reasonable assistance, including transportation to a hospital or doctor for medical treatment. If you do not require emergency aid, you should still go to the doctor and have a medical assessment after a crash, even if you believe that you did not sustain serious injuries.
In no-fault states, passengers can use their own health insurance to cover medical expenses if the driver’s insurance policy is insufficient.
You may not feel pain immediately afterward. But you may wake up very sore two or three days after a collision. Therefore, we recommend you seek medical attention as soon as possible, even if you don’t feel pain or symptoms immediately. A doctor’s report provides documentation that your injuries were caused by the accident if you later need to file a claim.
Additionally, documentation from medical care will help you when you take legal action. During a personal injury claim, you are far more likely to receive complete compensation when you seek medical care quickly. This is because the sooner you get medical attention, the more positively court personnel will view your claim and the more likely they are to award you increased compensation.
Right to Access Police Reports
You have a right to a copy of the official police report regarding your accident. Ask the law enforcement officer who investigates the crash when the report will be available and how you can obtain a copy.
The police report will serve as necessary and helpful evidence in your Texas car accident claim, so don’t hesitate to request extra copies. We encourage you to keep all evidence, including the police report, in a safe place.
Right to Decline Communication With At-Fault Party Insurance Providers
You have a right to decline to speak with insurance adjusters representing the at-fault driver or drivers or to give a recorded statement. Before giving any statement to an insurance adjuster, you should consult with a personal injury attorney.
While you may be required to speak with your own insurance company, we encourage you to provide as little information as possible to any involved insurance providers. They can use any information you share with them against you and will take every measure to reduce the compensation you can receive.
To hold the insurance company accountable for their obligations and receive outstanding financial compensation, we encourage you to work with a personal injury attorney. A lawyer from Byrd Davis Alden & Henrichson LLP can help you decide what to share, speak on your behalf, and much more
Victims Have the Right to Retain a Personal Injury Lawyer
You have a right to consult with a knowledgeable personal injury attorney to understand your legal options. An experienced car accident attorney can review the specific facts of your accident and discuss your options for seeking compensation.
Right to Complete Compensation for Medical Expenses
You may have a right to demand compensation for your medical bills and other expenses from the insurer of the driver who caused your injuries by filing an insurance claim.
If the driver of the car in which you are a passenger has medical payments coverage as part of his or her auto insurance, it generally pays for injuries to passengers up to the limits of the policy, regardless of fault. Under Texas law, insurance companies must offer personal injury protection (PIP) coverage as part of auto insurance policies. Sometimes referred to as no-fault insurance, PIP covers injuries to passengers and provides payments for lost income, regardless of who was at fault.
Recovering lost wages is an important part of the damages for injuries suffered in a car accident.
If the insurance company representing the at-fault driver refuses to agree to fair compensation for your injuries and other losses, you have a right to file a personal injury lawsuit against the at-fault driver and his or her insurer for just compensation.
How Can an Experienced Car Accident Attorney Help With Your Claim?
If you have been hurt as a passenger in a car accident, you have the right to take legal action and receive compensation for your losses. Whether you were in the car belonging to the at-fault driver or otherwise, you should not be forced to suffer injuries that were not your fault.
When you take legal action, we strongly encourage you to work with an attorney. By working with a car accident lawyer from Byrd Davis Alden & Henrichson LLP, you can receive outstanding support in the following areas:
- Conduct an independent investigation into the accident
- Negotiate with every party to recover a satisfactory settlement
- Assure that all documents are filed correctly and in a timely manner
- Communicate with the other parties on your behalf
- Work with your healthcare providers to obtain any missing records
- Organize and present the evidence in order to prove liability and damages
- Access research methods and tools only available to legal professionals
- Quicker delivery of documents from law enforcement and doctors
- An understanding of the legal system and how to make it work for you
We encourage you to refrain from representing yourself during your claim, especially if you are still healing from your serious injuries. Self-representation generally results in less-than-fair compensation for victims, but when you work with a personal injury attorney from Byrd Davis Alden & Henrichson LLP, you can receive complete compensation, face reduced stress, and spend less time in litigation. We have a long track record of bringing our clients the results they deserve, and we can do the same for you.
Please contact us as soon as possible, as this will help improve your odds of success even further. The more time we have to dedicate to your claim, the more evidence we can collect, the better we can understand your needs, and the stronger our arguments on your behalf will be. Don’t hesitate to reach out to Byrd Davis Alden & Henrichson LLP for invaluable support.
Contact an Austin, TX, Car Passenger Injury Attorney
A serious accident can create confusion about what to do next, particularly if you are dealing with serious injuries and struggling to recover. If you have been injured as a passenger in a car, truck, or motorcycle accident in Austin, you should call an experienced passenger injury attorney at Byrd Davis Alden & Henrichson LLP. We understand the unique challenges faced by passengers involved in car accidents. Our experienced legal team is dedicated to ensuring that you receive the justice and compensation you deserve.
Don’t navigate this complex process alone; let us advocate for your rights and help you through every step of your claim. Call us at (512) 454-3751 or contact us online to schedule a free consultation and learn more about your rights as a passenger in a car accident. Our compassionate and skilled attorneys are ready to provide the support and guidance you need to secure a fair settlement.
