Being involved in a car accident as a passenger can be a traumatic and confusing experience. Unlike drivers who may bear some responsibility for the crash, passengers are typically innocent victims who had no control over the circumstances leading to their injuries.
If you’ve been injured as a passenger in a car accident in North Carolina, you likely have legal recourse to seek compensation for your damages.
What Are Your Rights As An Injured Passenger?
As a passenger, you generally have a stronger legal position than drivers involved in an accident because you bear no responsibility for causing the crash. This means you may be able to pursue compensation from multiple sources, depending on the circumstances of your accident.
The key advantage passengers have is that they are rarely found to be at fault for the accident. North Carolina follows a contributory negligence rule, which means that if you are found even 1% at fault for an accident, you may be barred from recovering compensation. However, as a passenger, you typically have no control over the vehicle’s operation, making it unlikely that you would be assigned any fault.
Who Can Be Held Liable for Your Injuries?
When you’re injured as a passenger, several parties may be responsible for compensating you for your damages:
The Driver of Your Vehicle
If the driver of the car you were riding in caused the accident through negligent behavior such as speeding, distracted driving, or driving under the influence, they can be held liable for your injuries. This applies even if the driver is a friend or family member.
The Other Driver(s)
If another driver’s negligence contributed to or caused the accident, you can pursue a claim against their insurance policy. This is often the primary source of compensation in multi-vehicle accidents.
Multiple Parties
In some cases, both drivers may share responsibility for the accident. As a passenger, you may be able to pursue claims against both drivers’ insurance policies to ensure you receive full compensation for your injuries.
Vehicle Manufacturers
If a defective vehicle part or design flaw contributed to the accident or worsened your injuries, you may have a product liability claim against the vehicle manufacturer. In North Carolina, you must prove that the manufacturer was negligent in designing, manufacturing, or failing to warn about dangers associated with their product.
What Types Of Compensation May Be Available?
As an injured passenger, you may be entitled to various forms of compensation. Economic damages include medical expenses both current and future, lost wages and diminished earning capacity, property damage, transportation costs for medical appointments, and home care and assistance services.
Non-economic damages encompass pain and suffering, emotional distress, loss of enjoyment of life, mental anguish, and permanent disability or disfigurement.
Unlike medical malpractice cases, there is no cap on pain and suffering damages in car accident cases in North Carolina, meaning you can seek full compensation for your non-economic losses.
What Types Of Insurance May Cover The Accident?
There are a couple of options that may cover your accident:
Primary Insurance Coverage
Your claim will typically be filed against the at-fault driver’s liability insurance. North Carolina requires all drivers to carry minimum liability coverage, though many accidents result in damages that exceed these minimum limits.
Your Own Insurance
Even as a passenger, your own auto insurance policy may provide coverage through medical payments coverage, uninsured or underinsured motorist coverage, and personal injury protection if you have this optional coverage.
Driver’s Insurance
The insurance policy of the vehicle you were riding in may also provide coverage, particularly if that driver was at fault or if you need additional coverage beyond what the other driver’s policy provides.
How Long Do You Have To File A Personal Injury Claim In North Carolina?
In North Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. However, it’s important to begin the claims process as soon as possible after your accident. Evidence can disappear, witnesses’ memories fade, and insurance companies may be less cooperative as time passes.
Paynter Law Can Help You Move Forward
Being injured as a passenger in a car accident can have lasting physical, emotional, and financial impacts on your life. While the legal process may seem daunting, remember that as an innocent victim, you have strong legal rights to seek compensation for your injuries and losses.
The team at Paynter Law understands the unique challenges faced by passengers injured in car accidents. With over $500 million in verdicts and settlements, we know how to navigate the complex insurance and legal issues that arise in these cases.
We work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you. Our legal team provides customized support for each client, ensuring you have the resources and advocacy needed to pursue full compensation for your injuries.
If you’ve been injured as a passenger in a car accident in North Carolina, don’t wait to protect your rights. Contact us today at (919) 245-3116 for a free initial consultation to discuss your case and learn about your legal options.