What Rights to Injured Passengers Have in Louisiana Car Accident Cases?
When a car accident occurs, there it typically one person who is at fault. Louisiana requires everyone who operates a motor vehicle to have insurance to help mitigate the expenses of someone who is injured.
While most accidents focus on the drivers involved in the accident, it is important for passengers involved in an accident to understand their rights.
Recovering Financially After an Accident as a Passenger
Once you recover from the initial shock of being involved in an accident, you do what you have always heard is the right thing and seek medical attention. Unfortunately, you learn that while you do not appear to be injured, you have whiplash, some torn ligaments in your knee, and some shoulder bruising. You have been advised to remain at home for at least two weeks, and to see your own physician for follow-up care. Here's what you should know:
- Medical bill reimbursement —you have the right to be reimbursed for any out-of-pocket medical expenses associated with the injuries you sustained as a passenger in a car accident. This includes any medical equipment, prescriptions, tests, and follow-up care or treatment.
- Injury and pain claims — you should speak with a car accident injury attorney and determine if you can file a claim for the injuries you sustained as well as your pain and suffering. This is determined on a case-by-case basis.
- Lost wage claims — if you are forced to stay out of work for any period of time, you may also be entitled to be reimbursed for lost income and benefits after a car accident when you were a passenger.
- Other expenses — if you are unable to do your usual tasks at home and are forced to hire someone to do them for you, it may be possible to file a claim against the at-fault driver.
Regardless of whether the driver who is responsible for your injuries was another car, or the car you were in as a passenger, you should contact a Louisiana car accident lawyer immediately. It is important to remember that you have rights and that may be the only way to protect those rights.
Passenger Fault for Liability
Unless you were specifically responsible for the driver's conduct which led to the accident, you cannot be held liable for any damages or injuries which resulted from the accident. You could only be held liable if you exercised poor judgment by distracting the driver by an aggressive move, or other such inappropriate behavior.
Insurance Company Adjusters and Injured Passengers
Anyone who is injured in a car accident should understand that insurance adjusters are not there to help you recover financially. In fact, their allegiance is to the insurer for whom they work. The goal is always to protect the insurer from having to pay out a large claim. This is why all car accident victims, and especially passengers, need to hire an attorney to help them.
Benefits of Hiring a Car Accident Attorney in Louisiana
There were an estimated 15,397 serious injury crashes across Louisiana during 2023. Every car accident victim, including passengers have certain rights. Generally, people do not understand these rights and that is why they should hire a car accident attorney. Some of the issues an experienced accident injury lawyer can help with include:
- Obtaining police reports — to determine who was at fault, and the circumstances of an accident, police and other accident reports must be obtained.
- Evaluating evidence and statements — it often requires knowledge of how statements are taken to understand the information included. An experienced personal injury lawyer4 has the knowledge and experience needed to carefully evaluate evidence and witness statements.
- Negotiating with insurance company — insurance adjusters are trained to ask leading questions. This is to hopefully get a claimant to make a mistake or contradict themselves. By having an attorney handle these negotiations, there is less chance of an error.
There are other benefits to hiring an attorney to handle your car accident case, including making sure you understand the process involved in resolving an injury claim. Car accident claims are confusing, and you may feel overwhelmed by the process. However, if you contact the accident attorneys at Schwartz Law Firm we can help restore order to your case, and help you get the compensation you deserve. Contact us today at by text 504-608-5579, by phone at 504-837-2263 or by using our online scheduling calendar. Consultations about your case are free and you are under no obligation.