In 2019, car crashes permanently injured millions of Americans. A tortfeasor (negligent driver) is usually responsible for these wrecks. That responsibility could be a lack of ordinary care, such as driving with a serious medical condition or while fatigued. Alternatively, that fault could be the violation of a safety law, like making an illegal turn or driving while intoxicated.
As outlined below, the legal rules are a bit different for passengers than for drivers. Nevertheless, substantial damages are usually available. These damages normally include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might be available as well, in some extreme cases.
Since these claims are complex, a Hutchinson, MN lawyer should always evaluate your case. It does not matter which driver got a ticket, or if any driver got a ticket.
Physical Injuries
In car crashes, passengers are vulnerable to the same serious physical injuries as drivers. In fact, passengers might be even more vulnerable. Most drivers are at least somewhat paying attention to the road. So, when collisions are imminent, their bodies brace for impact. That’s often not true with regard to passengers.
Even if the victim was wearing a seat belt, which is normally the case, the extreme forces in vehicle collisions often cause injuries like:
- Head Injuries: Passengers sustain head injuries in several different ways. Their heads often slam into dashboards or other solid objects. Moreover, in many wrecks, cell phones and other small objects become high-speed missiles. Most frequently, car crashes cause whiplash, which is a motion-related head injury.
- Broken Bones: Fall-related fractures are sometimes not too serious. But crash-related fractures are usually extreme;y serious. The crushed bones usually require extensive surgery and physical therapy. Even then, permanent loss of full function is not unusual.
- Internal Bleeding: Internal organs have no protective skin layer. So, when they grind and bump against each other, they often bleed profusely. In fact, it’s common for victims to be on the edge of hypovolemic shock before first responders even arrive.
Full compensation is usually available even if the victim had a pre-existing condition, like a bad knee. A Hutchinson, MN lawyer must only establish that the new injury aggravated the old injury, and not the other way around. This showing must only be by a preponderance of the proof (more likely than not). So, a little evidence goes a long way.
Hutchinson, MN Lawyers and Insurance Company Defenses
Many negligence defenses involve driver conduct. This is where things get really complicated. So, an illustration might be useful.
Assume Don and Melanie are on their way to a party when Nancy crosses the center line and hits Don head-on. All three people are seriously injured.
Legally, the wreck could be Don’s fault or Nancy’s fault. That determination depends on the facts. If Nancy suddenly swerved into Don’s lane, she was probably liable. If Don saw Nancy coming and did nothing to avoid the wreck, he might be responsible.
As far as Melanie is concerned, this issue is irrelevant. A Hutchinson, MN lawyer could file a claim against either Don or Nancy. They could argue between themselves about responsibility, but one of them has to compensate Melanie for her injuries.
We are just getting started. A number of non-driving defenses, especially assumption of the risk, might apply to passenger injuries. This doctrine comes into play if the victim:
- Voluntarily assumed
- A known risk.
This defense often applies in dog bite and other premises liability claims. Many owners have yard signs that say things like “Beware of Dog.”
Does assumption of the risk apply to injured passengers? Maybe. Getting into a car is almost always a voluntary act. However, the risk of a car crash is usually not a known risk. It’s only a possible risk. There is a big difference.
Non-Physical Injuries
In some cases, these defenses do not apply, or at least they apply differently. Even if passengers are not physically injured, they might still be entitled to compensation. Hutchinson, MN lawyers can expand the zone of danger rule and possibly increase passenger compensation significantly.
This rule comes from the 1928 case Palsgraf v. Long Island Railroad. In Palsgraf, negligent railroad workers began a chain of tragic events which ended with Ms. Palsgraf’s serious injury. The court eventually ruled that her injuries were not foreseeable, so the railroad was not legally responsible.
Normally, dissenting opinions in court cases are forgotten. Almost no one remembers who lost last year’s Super Bowl. But William Andrews’ dissent in Palsgraf is different. Judge Andrews embraced the zone of danger rule. If you were negligently injured, you deserve compensation for that injury. End of story.
Today, the expanded zone of danger rule normally applies if there was a close relationship between the victim and the passenger. So, in the above example, assume Don was physically hurt but Melanie was not. If they were closely related by blood or marriage, Melanie might still be entitled to compensation.
Connect with Tenacious Attorneys
Injured passengers might be entitled to substantial compensation. For a free consultation with an experienced Hutchinson, MN lawyer, contact Carlson & Jones, P.A. Attorneys can connect victims with doctors, even if they have no insurance or money.