Making a Passenger Injury Claim After a Car Accident
When you are involved in a vehicle accident, you may feel many confusing thoughts. Perhaps you sustained injuries, for instance, and wonder how you will be compensated for them. What can make an accident much more threatening and scary is when you have been a passenger involved in an accident, because you may feel like you are all out of options. This is far from the truth. Today we will guide you through the process of how a passenger injury claim works, what you will have to prove, and so much more! Determining Fault and Making Your Claim When you have first been involved in a passenger accident, you should take note of what you saw occur on the scene. Did somebody pull out in front of the driver? Did the driver go through a stop sign? You may find that one of the most important aspects of this process for the insurance companies is determining fault in your case. They will typically launch an investigation to make this determination, where police reports, statements from witnesses, and more will be examined. Your word is good in this case, and you should always be truthful about what you witnessed. Once who is at fault is determined, you are able to file a claim against the at-fault party. This means that you can file a claim for compensation against the driver of the vehicle that you were a passenger in so that you can receive compensation for your injuries. Coverage will usually cover you for special needs like medical expenses, lost wages, and pain and suffering in some cases. Things may be handled a bit differently if the other driver involved in the case was found to be at-fault. You will still be able to file a claim against their insurance company. No matter what percentage of fault is assigned to that driver, you will be able to claim compensation because they were involved in some way, therefore they share liability. This becomes important in cases where one driver might not have proper coverage to cover the entire amount of damages that you as the passenger incurred. In this event, the other insurance company will cover the rest. In some cases, you may even be able to file a claim against your own policy. Your policy may be able to cover medical payments that you have incurred after you were involved in an accident, no matter who was at fault. However, something you must remember is that your policy will most likely not cover pain and suffering or lost wages, as well as anything else along those lines. What if I Was at Fault? What happens if the passenger was partially at fault for the accident? In some cases, this may become prevalent if the passenger was distracting the driver, or grasped the wheel. This would lessen the amount of recovery that they are able to receive for the accident. You will find that many states handle things this way, but some states will be even harsher yet and not award damages at all to somebody who played any role in causing the accident. The fact remains: If you have been involved in a serious accident and received any type of injuries, you should always call an attorney who has experience in these types of cases. At RAWA Law Group, we can help you with your case after your initial phone call. Pick up the phone today and call us for your injury needs!
Employer Liability for Injuries Suffered in an Accident With a Company Vehicle
Let’s say that you work for a company where you are occasionally making deliveries on behalf of your employer. One day you walk out to your vehicle, buckle up, and pull out the road where you’re headed to your next destination. However, on the highway, you are hit by a negligent driver and suffer serious injuries as a result. Where do you turn? What happens when you are injured on the job while driving? How will you receive the compensation you deserve for your injuries? Employer liability for car accidents during working hours will be determined by a variety of factors. There are really two ways to find liability: employer negligence and vicarious liability. Here are both of those, further explained. Employer Negligence: Two of the biggest types of negligence occurring in these cases involves hiring an employee negligently or supervising an employee negligently. For instance, shouldn’t an employer take precautions to hire an employee that they know will drive as safely as possible when they are working? This is why many employers will put requirements in place such as hiring employees who will not drive under the influence or do not have a huge criminal background involving vehicles. They should also meet the requirements of having their commercial driver’s license. Negligent Supervision: Employers should also have reasonable safety policies in place and make sure that safety laws are being abided by. This means that, if there are special federal or state laws to be followed, employers should make sure that employees are abiding by them. This could include laws that revolve around weighing and loading. If an employer fails to keep track of this, then they could be sued for negligence. Vicarious Liability: Under this rule, if an employer tells an employee to do something, it means that a principle is acting. In one example, an employee is sent on an errand for their boss but makes a side trip to get lunch along the way. If they become injured while getting lunch, they could not hold the employer responsible because they were doing that act “on their own time.” Accidents Occurring During a Commute to Work Under liability in the courts as well as workers’ compensation benefits, an employee will only be eligible to file if they were injured “within the scope of employment.” For instance, let’s say that you were driving a work truck and the vehicle was defective and caused your injuries on the roadway. Later, you find out that this happened because the employer failed to check important components of the vehicle, and this led to your injuries. You may be able to hold the employer responsible in this case. However, consider another option. Let’s say that you were driving to work in the morning but didn’t quite make it there yet. You were injured along the way and now want to sue your employer for your injuries. You were not yet working in the scope of employment, so you could not hold the employer liable for your injuries. If it happens before and after work hours, liability will usually not fall on the employer. Have you been injured on the job and need help with your claim? We can help you make a case against the employer who caused your injuries in some way. Call us today at The RAWA Law Group for more information on where to turn.