Reviewed by Daniel P. McNerney
What’s in this blog:
- Core Causes: Explaining driver negligence, distracted driving, and traffic violations in passenger injury claims.
- Passenger Rights & Liability: How to recover compensation from a negligent motorist—including how to claim against a loved one’s insurance without directly suing them.
- The Burden of Proof: Step-by-step guidance on gathering crucial scene evidence, witness statements, and medical documentation.
- New Jersey Filing Deadlines: Understanding the strict 2-year statute of limitations for filing personal injury lawsuits in NJ.
Car accidents are frightening for all who are involved. Unfortunately, there is no situation more helpless than a passenger looking on as their car crashes. This is why most injured passengers seek financial compensation to help cover the cost of the damages they have incurred. If you find yourself in this situation, you must read on to learn more about your potential legal options going forward. Here are some of the questions you may have:
What causes most car accidents?
Car accidents, though sometimes caused by factors we cannot control, such as a faulty car part, or poor weather and road conditions, most often stem from driver negligence. When a driver fails to take careful note of his or her surroundings at all times, or simply wantonly disobeys the law, accidents are prone to happen. Some of the most common types of driver negligence in today’s society are driving under the influence of drugs or alcohol, texting while driving or driving while distracted, driving while fatigued, and speeding. Additional actions that may constitute negligence include driving aggressively or recklessly, eating or smoking while driving, and failing to comply with traffic lights, signs, and other rules of the road.
How are passengers harmed in car accidents?
Passengers are at the mercy of the driver, so there is very little they can do to protect themselves or control the outcome of the accident. Some of the most common injuries passengers sustain in car accidents are as follows:
- Head trauma
- Facial disfiguration
- Spinal injuries
- Psychological damage
- Broken bones
- Gashes requiring stitches
- Wrongful death
Can I sue a negligent motorist as a passenger who was injured?
As a passenger, you may successfully sue another motorist if you can prove you were injured due to their negligence. If you are injured in a car accident while a friend or family member was driving, you may be worried about taking legal action. However, it’s important to understand that you can generally recover compensation without filing a claim directly against your loved one, instead pursuing a claim against their insurance company.
To prove your claim, you must first hire an experienced attorney. From here, your attorney will work to recover security camera or dashcam footage of your accident, medical documents, police reports, witness statements, pictures of your injuries, and more.
Car accidents are frightening for all who are involved. Unfortunately, there is no situation more helpless than a passenger looking on as their car crashes. This is why most injured passengers seek financial compensation to help cover the cost of the damages they have incurred. If you find yourself in this situation, you must read on to learn more about your potential legal options going forward. Here are some of the questions you may have:
What causes most car accidents?
Car accidents, though sometimes caused by factors we cannot control, such as a faulty car part, or poor weather and road conditions, most often stem from driver negligence. When a driver fails to take careful note of his or her surroundings at all times, or simply wantonly disobeys the law, accidents are prone to happen. Some of the most common types of driver negligence in today’s society are driving under the influence of drugs or alcohol, texting while driving or driving while distracted, driving while fatigued, and speeding. Additional actions that may constitute negligence include driving aggressively or recklessly, eating or smoking while driving, and failing to comply with traffic lights, signs, and other rules of the road.
How are passengers harmed in car accidents?
Passengers are at the mercy of the driver, so there is very little they can do to protect themselves or control the outcome of the accident. Some of the most common injuries passengers sustain in car accidents are as follows:
- Head trauma
- Facial disfiguration
- Spinal injuries
- Psychological damage
- Broken bones
- Gashes requiring stitches
- Wrongful death
Can I sue a negligent motorist as a passenger who as injured?
As a passenger, you may successfully sue another motorist if you can prove you were injured due to their negligence. If you are injured in a car accident while a friend or family member was driving, you may be worried about taking legal action. However, it’s important to understand that you can generally recover compensation without filing a claim directly against your loved one, instead pursuing a claim against their insurance company.
To prove your claim, you must first hire an experienced attorney. From here, your attorney will work to recover security camera or dashcam footage of your accident, medical documents, police reports, witness statements, pictures of your injuries, and more.
Fulfilling the Burden of Proof
Being involved in a car accident in New Jersey can have serious, long-term physical, mental, emotional, and financial impacts on those injured. As such, if you have suffered as a result of the negligent actions of another individual, you may be eligible to recover compensation for the damages. However, you must first prove that the accident is the result of negligence.
As such, it is critical to take photos and videos at the scene of the accident, including the damage to all vehicles involved and any visible injuries you have suffered. Similarly, you should also gather the names and contact information of anyone who may have witnessed the accident. While you may feel okay, it is also in your best interest to seek medical attention, as this can ensure your injuries, no matter how seemingly minor, are treated while ensuring you have documentation linking your injuries to the collision.
What is the statute of limitations in New Jersey?
The statute of limitations is the legally acceptable amount of time you have to file a lawsuit from the date of your accident. The statute of limitations in New Jersey for a personal injury claim is generally two years. If you wait too long, you will most likely be barred from suing and lose your opportunity to recover the compensation you deserve to heal. Do not let this happen. Speak with one of our knowledgeable attorneys today.
Contact our experienced New Jersey firm
When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. As a victim, your only job is to call us, and we will take it from there. Please, do yourself a favor and do not wait. If you or someone you know was injured in an accident and is seeking financial compensation, contact the legal team at McNerny & McAuliffe today.
