Passengers’ Rights in California Car Accidents
Legal Protections for Injured Passengers
In California, passengers injured in car accidents often find themselves unsure about their rights and legal options. They may have questions such as:
- Can I sue my own driver?
- What if the driver is a family member or friend?
- Can I file a claim against the other vehicle’s driver?
- What happens if I was in a driverless vehicle?
These are common—and important—questions that the Law Offices of Ali Taheripour has helped answer for clients across the state.
California Law Protects Injured Passengers
Under California personal injury law, passengers are entitled to seek compensation for injuries caused by another person’s negligence. This includes compensation for:
- Medical bills (past and future)
- Pain and suffering, including emotional distress
- Lost wages and diminished earning potential
Determining Fault: Who is Responsible?
The first step in any passenger injury case is identifying who was at fault.
Claims Against Your Own Driver
Passengers may file a claim against the driver of the car they were in—even if that driver is a friend or family member. It is important to understand that in general, these claims are made against the driver’s insurance policy, not the individual personally.
However, keep in mind that many California auto insurance policies include family exclusions for bodily injury under Insurance Code § 11580.1(c)(5). If this applies, it could limit your compensation options.
Claims Against the Other Driver
If the other driver caused the accident, the injured passenger would likely have the right to pursue a claim against that at-fault driver. This can be done independently of any claims the drivers themselves may file against each other.
When Both Drivers Share Fault
If both drivers are partially responsible, California’s comparative negligence law may apply. An injured passenger may be able to recover compensation from both drivers, based on their percentage of fault, depending on the evidence and factual findings in the case.
What About Driverless Vehicles?
With the rise of autonomous technology, passengers may be unsure of their rights when injured in driverless car accidents. The Law Offices of Ali Taheripour addresses this evolving issue in a dedicated blog: Who’s Liable in Driverless Car Accidents?
Legal Representation
With over 20 years of experience handling personal injury cases across California, the Law Offices of Ali Taheripour understands the challenges passengers face after a vehicular collision. We are committed to helping victims secure the compensation they deserve—whether it is from their own driver, another motorist, or a ride-share company.
Contact our office today for a consultation and let us help you move forward with confidence.