When a passenger sustains an injury in a car accident, they may be able to collect compensation under Tennessee law. More than one person can be found at fault for the same accident in the state of Tennessee. When a passenger is injured in a car accident, they may be able to pursue claims against both drivers for lost earnings, payment of medical bills, emotional distress and more.
Car Accidents
According to the National Highway Traffic Safety Administration (NHTSA), over 2 million vehicle accidents happen each year in the United States. Highly populated areas of Tennessee are places that are considered main locations for vehicle accidents.
Injured Passenger
When a person has experienced an injury as a result of being a passenger in someone’s vehicle, they have certain rights. An injured person may be able to recover damages from the party who hit the vehicle as well as from the person driving the car where they were a passenger. All people who are passengers in a vehicle are owed a duty of care from the driver of the vehicle. The driver is expected always to obey traffic laws and drive safely.
Legal Responsibility
A vehicle passenger in Tennessee is not legally responsible for the negligence of the vehicle’s driver. Should a driver be distracted by talking on a phone while the passenger is asleep, and gets into an accident, the passenger is not responsible. A passenger is under no obligation to monitor the behavior of a driver operating a motor vehicle.
Fault State
Tennessee is a fault state in regards to car insurance. This means the system of compensating car accident victims is based on determining who is legally liable for causing the accident. A claim can be filed directly with the at-fault driver’s car insurance provider. They can also file a personal injury lawsuit in a civil court to get compensation from the at-fault driver.
Coverage
It is advisable for an injured passenger to pursue a claim against the driver of both vehicles involved in an accident. This is because one may not have enough insurance coverage to fairly compensate an injured passenger. It is possible in Tennessee for a person to recover the maximum amount from both drivers.
Passenger’s Auto Policy
An injured person may also be able to get some financial compensation from their own insurance company. Auto insurance policies in Tennessee include coverage for uninsured motorist and underinsured motorist. This makes it possible for an injured passenger to have a backup source of compensation if the drivers involved in an accident didn’t have sufficient insurance coverage. The rules to collect in this situation is complicated and will require the assistance of an experienced personal injury attorney.
Out-Of-Pocket Compensation
There are times when a passenger is injured in a car accident, and the driver offers to pay for their injuries out-of-pocket. Drivers do this as a way to avoid having the injured passenger file a claim with their car insurance company. This offer may be made because a driver is concerned about their insurance premiums increasing. They also may want to avoid the accident being reported to the police because they do not have car insurance. An injured passenger should always report the accident and seek compensation from an insurance company for their injuries. People who can afford to pay an injured person’s medical expenses are usually able to pay for car insurance.
