One of the most traumatic impacts of a car accident is the sudden loss of control during the crash. Unfortunately, the feeling of complete loss of power is even more devastating for passengers, especially if they suffer serious injuries. An injured passenger’s distress often continues long after the accident when they encounter Missouri’s fault-based claim system to recover losses such as medical expenses, lost wages, and compensation for pain and suffering—their “damages” in an injury claim. Consulting a car accident lawyer in St. Louis can provide clarity on the steps needed to recover these losses. What does a non-driver do to recover their losses if they’re injured as a passenger in the crash?
Common Injuries Suffered by Car Accident Passengers
We often think of drivers when the subject of car accident injuries arises, but according to the Insurance Institute for Highway Safety (IIHS), 61% of car accident fatalities occur to passenger vehicle occupants. Front-seat passengers are especially at risk in a crash. Although seatbelts and airbags reduce the danger of catastrophic injuries and fatalities, the crash force of an accident propels the car accident victim forward with such strong impact that a 120-pound person becomes a 5,400-pound force in a collision at only 45 miles per hour. Common passenger injuries in car accidents include the following:
- Traumatic brain injuries
- Fractures
- Soft-tissue injuries to shoulders, knees, wrists, and ankles
- Internal organ damage
- Facial trauma
- Spinal cord injuries
- Lacerations, contusions, and abrasions
Even relatively minor, fully recoverable injuries can cause financial hardship due to medical expenses and income loss. More serious or catastrophic injuries can cause life-altering adverse effects such as disability or impairment.
What to Do After Sustaining Injuries In a Car Accident
After an accident, an injured passenger may be too seriously hurt to do anything other than wait for help; however, taking purposeful action—even without moving from your spot—can protect your physical and financial well-being. Use a cell phone to do the following:
- First, call 911 to report the accident if no one else has done so and apply any necessary first aid
- Then, use the phone’s camera to quickly snap photos of the accident scene, including the damaged vehicles and anything relevant to the cause of the accident, like traffic signs or a signal light
- Photograph any visible injuries
- Add the contact information of the other driver if it was a two-car collision
- Add the contact information of any eyewitnesses to the accident
Always go directly to the hospital from the accident scene to receive necessary medical care and document that the injuries occurred in the accident. This becomes critical evidence in a car accident claim.
What Are the Options for Recovering Damages After a Car Accident If You Were a Passenger?
Missouri is a fault-based insurance state that requires car accident victims to file claims against the at-fault party’s insurance after a car accident. A passenger in a car is never at fault for the accident, but it’s often confusing to determine how to recover compensation. Under the state’s pure comparative negligence insurance system, a passenger can recover compensation through the following options:
- Filing a claim for damages against an at-fault driver’s insurance if another driver’s negligent or reckless actions caused the accident
- Filing a claim against the insurance company of the driver of the vehicle you were riding in when the accident occurred
- Filing claims against both drivers if they shared fault for the accident
- Filing a claim against their own auto insurance policy’s uninsured/underinsured motorist coverage if the at-fault driver lacks adequate insurance or is uninsured
- If any other entity caused or contributed to the accident, such as a negligent road maintenance agency or the manufacturer of a defective car part, a lawsuit against the at-fault party can recover compensation
Under Missouri’s comparative negligence insurance laws, an injury victim can recover compensation for their damages minus their percentage of fault for the accident. As a passenger who is never legally responsible for an accident, the injury victim can recover full compensation for their damages.