In Texas, passengers can sue drivers after car accidents, including both the driver they were riding with and other drivers involved in the crash.
As a passenger, you have strong legal rights to seek compensation because you rarely contribute to causing the accident, making your claims often more straightforward than driver claims.
Texas law treats passengers like any other injured person, giving you the right to file claims against whoever caused your injuries through negligence.
You can pursue compensation from the driver of the vehicle you were in, other drivers involved in the crash, or both if they share fault for the accident. The key advantage for passengers is that you’re protected by multiple insurance policies and face fewer obstacles in proving your case.
How Texas Liability Laws Protect Injured Passengers
In Texas, the “at-fault” insurance system holds the person who caused the accident responsible for the damages that result. This means that as a passenger, you can only get paid if the driver was careless.
Texas law says that all drivers must have liability insurance to cover injuries to other people, including the people in their own backseat or passenger seat.
You usually don’t have to worry about “comparative negligence” (the legal argument that you were partly to blame) because you weren’t driving the car.
If you were riding with a friend, a family member, or a ride-share driver, your relationship to the driver does not mean that their insurance policy does not have to pay for your medical bills and lost wages.
Can You Sue the Driver You Were Riding With?
Yes, you can sue the driver of the vehicle you were riding in if their negligence caused the accident. Negligence means the driver failed to exercise reasonable care while operating their vehicle.
Many passengers worry about suing friends or family members, but you need to understand what’s really happening. You’re filing a claim against their insurance company, not taking money from their personal bank account. Auto insurance exists precisely for situations like these.
- Insurance protection: The driver’s liability insurance is designed to pay for injuries they cause to others.
- Personal assets: In most cases, the driver’s personal property and savings remain protected.
- Legal requirement: Texas law requires drivers to carry a minimum of $30,000 per person in bodily injury liability coverage.
The driver’s insurance company handles the claim and pays any settlement or judgment up to the policy limits. This protects both you and the driver from financial hardship.
Can You Sue the Other Driver as a Passenger?
Absolutely. If another driver caused the crash, you can sue them for your injuries. This scenario often creates the most straightforward path to compensation since there’s no personal relationship complicating the situation.
Texas follows an at-fault insurance system. This means the person who caused the accident is responsible for paying all resulting damages, including passenger injuries. The other driver’s insurance company must compensate you for medical bills, lost wages, pain and suffering, and other losses.
You’ll need the same evidence as any accident victim. Police reports, witness statements, photos of the scene, and medical records all help prove the other driver’s fault and the extent of your injuries.
Can You Sue Both Drivers in the Same Case?
Yes, and you often should sue both drivers if they each contributed to causing the accident. This strategy protects you by ensuring you’re not limited to just one driver’s insurance policy limits.
When you sue multiple defendants, you create what lawyers call joint and several liability. This means if one driver is found mostly at fault, you can collect your entire judgment from that driver’s insurance, even if the other driver also shares some blame.
Common shared-fault scenarios include:
- Intersection crashes: One driver runs a red light while another speeds through the intersection.
- Chain reactions: Multiple drivers following too closely in highway accidents.
- Lane changes: One driver texts while another makes an unsafe lane change.
- Weather conditions: Both drivers fail to adjust their speed for rain or ice.
The drivers’ insurance companies will fight over who pays what percentage, but that’s not your problem. As a car accident lawyer, my job is to ensure you receive full compensation regardless of how they divide responsibility among themselves.
How Does Comparative Negligence Affect a Passenger Claim in Texas?
Comparative negligence is Texas’s system for dividing fault when multiple people contribute to an accident. Under this rule, you can only recover damages if you’re 50% or less at fault for what happened.
Here’s the critical part: passengers are almost never found at fault for car accidents. You weren’t driving, so you couldn’t have caused the collision through poor driving decisions. This gives passenger claims a significant advantage over driver claims.
However, certain passenger behaviors could theoretically reduce your compensation under Texas’s comparative negligence rules. The good news is these situations are extremely rare and involve truly reckless conduct.
Does Not Wearing a Seatbelt Hurt Your Claim?
Yes, failing to wear a seatbelt can reduce your compensation in Texas. The at-fault driver’s insurance company can raise the so-called seatbelt defense.
This defense says that even though they caused the accident, your injuries would have been less severe if you had been properly restrained. A jury could say that you are partly to blame for your injuries, which would lower your final award by that amount.
For instance, if you had $100,000 in damages but a jury finds you 30% at fault for not wearing a seatbelt, you would get $70,000. The seatbelt defense doesn’t eliminate your claim; it just might reduce it.
Can Passenger Conduct Reduce Damages?
Extreme passenger actions could lead to partial fault assignment, but these situations are incredibly uncommon. You’d have to actively contribute to causing the crash through reckless behavior.
Examples that might create passenger liability include:
- Physical interference: Grabbing the steering wheel or covering the driver’s eyes.
- Encouraging recklessness: Pressuring the driver to speed or drive dangerously.
- Creating distractions: Engaging in violent or extremely disruptive behavior.
Normal passenger activities like talking, using your phone, or even arguing don’t create liability. You have to actually contribute to causing the accident, not just be present when it happens.
Can You Make a Claim if the Driver Is Family or a Friend?
Yes, Texas law allows you to file claims against family members’ and friends’ insurance policies. Some insurance policies contain “family member exclusions,” but Texas law limits their power.
Despite these exclusions, insurers are still required to provide coverage up to Texas’s minimum liability limits.
That means at least $30,000 in coverage for your bodily injuries, regardless of your relationship with the driver.
Insurance is there to keep everyone, even friends and family, safe. The driver bought insurance because they knew they might need it if they accidentally hurt someone they cared about. Don’t let guilt stop you from getting the money you need to get better.
Medical bills and lost wages after an accident can create significant problems among family members. By filing an insurance claim, you can protect your relationship by making sure that these money problems don’t break up your family.
Insurance Claim or Lawsuit: What Is the Best Path for a Passenger?
Most of the time, the first step in a passenger injury case is making an insurance claim, not suing. You make a claim with the insurance company of the driver who caused the accident and try to reach a fair settlement.
You only need to file a lawsuit if the insurance company won’t negotiate fairly or offers a settlement that is too low. Having a lawyer doesn’t mean your case will automatically go to court. It just means you have a lawyer who is ready to fight for fair compensation.
Most cases are settled without going to court. Settlements are better for insurance companies because they are faster and cheaper than litigation. But they take your claim more seriously if they know you’re willing to go to court if you have to.
When Is a Claim Enough and When Should You File Suit?
An insurance claim may be sufficient when your situation is straightforward and the insurance company acts reasonably. A lawsuit becomes necessary when you face resistance or inadequate offers.
Insurance claims work well when:
- Your injuries are minor and fully documented.
- Liability is clear and undisputed.
- The policy limits exceed your total damages.
- The insurer offers fair compensation promptly.
Consider filing suit when:
- The insurance company denies your valid claim.
- They offer unreasonably low settlements.
- Your damages exceed the available policy limits.
- Multiple parties are pointing fingers at each other.
The key is having an experienced car accident lawyer who can evaluate your situation and recommend the best strategy. I prepare every case as if it’s going to trial, which gives us maximum leverage during settlement negotiations.
Who Pays a Passenger Claim in Texas?
The at-fault driver’s liability insurance serves as the primary source of payment for passenger claims. However, passengers often have access to multiple layers of coverage that drivers don’t.
This happens because passengers can access coverage from several sources: the vehicle they were riding in, the other driver’s policy, and, in some cases, their own auto insurance. This “stacking” of coverage can provide more protection than what’s available to the drivers involved.
The order of coverage depends on your specific situation, but I always investigate every possible source of recovery. Why settle for one insurance policy when you might be able to access several?
Can UM/UIM and PIP/MedPay Cover Passengers?
Yes, these additional coverages often provide crucial protection for injured passengers. Let me break down what each one means for you.
PIP (Personal Injury Protection):
This coverage pays your medical bills and a portion of lost wages immediately, regardless of who caused the accident. You can often access PIP from the vehicle you were riding in.
MedPay (Medical Payments):
Similar to PIP but typically only covers medical expenses. This provides quick payment for hospital bills while you pursue your main claim.
UM/UIM (Uninsured/Underinsured Motorist):
This coverage protects you when the at-fault driver has no insurance or insufficient coverage. You can often access UM/UIM from both the vehicle you were in and your own auto policy.
These coverages provide immediate help with expenses while we work on your main claim against the at-fault driver.
What If Multiple Passengers Are Injured and Limits Are Low?
When one insurance policy isn’t enough to cover everyone’s injuries, the available funds get divided among all claimants. This situation makes it crucial to identify every possible source of recovery.
Insurance companies typically distribute available funds proportionally based on each person’s damages. If you suffered $50,000 in injuries and another passenger suffered $100,000, you’d receive one-third of whatever money is available.
This is exactly why suing multiple parties and accessing multiple insurance policies matters so much. More policies mean more money available to compensate all injured passengers fairly.
What If You Were a Passenger in an Uber or Lyft?
Rideshare passengers enjoy strong protection through the companies’ commercial insurance policies. Uber and Lyft provide at least $1 million in liability coverage when drivers are actively carrying passengers.
This massive policy ensures that even catastrophic injuries can be properly compensated. You’re not limited to the driver’s personal auto insurance, which might only provide state minimum coverage.
Rideshare cases can involve multiple insurance policies and complex coverage questions. The rideshare driver’s personal insurance, the company’s commercial policy, and other drivers’ insurance might all come into play. That’s why having experienced legal representation is crucial in these cases.
What Compensation Can a Passenger Recover After a Texas Crash?
As an injured passenger, you can recover compensation for all losses caused by the accident. Texas law divides these damages into two main categories: economic and non-economic.
Economic damages are the money you lost, which you can figure out by looking at your receipts and bills. Non-economic damages pay you for physical pain and emotional pain that can’t be measured in money.
The goal is to make you “whole” again, meaning putting you in the same position you’d be in if the accident never happened. While money can’t undo your injuries, it can provide the resources you need to rebuild your life.
What Damages Are Available for Passengers?
Texas law allows you to recover compensation for every way the accident has impacted your life. I fight to ensure you receive money for all of these losses:
- Medical expenses: All costs for emergency treatment, hospital stays, surgeries, doctor visits, physical therapy, and future medical care you’ll need.
- Lost wages: Income you’ve missed while unable to work during your recovery.
- Loss of earning capacity: Compensation if your injuries prevent you from returning to your job or limit your future earning ability.
- Pain and suffering: Money for the physical pain and discomfort caused by your injuries.
- Mental anguish: Compensation for anxiety, depression, fear, or PTSD resulting from the accident.
- Disfigurement: Damages for permanent scarring or other visible changes to your appearance.
- Physical impairment: Compensation for loss of use of body parts or limitations on your daily activities.
Each case is unique, and the value depends on the severity of your injuries and how they’ve affected your life. I work with medical experts and economists to ensure we capture every loss you’ve suffered.
Can Drunk Driving Lead to Punitive Damages?
Yes, if the at-fault driver was intoxicated, you may recover punitive damages in addition to your other compensation. Drunk driving accidents warrant punitive damages to punish extremely reckless behavior and deter others from making similar choices.
Punitive damages aren’t meant to compensate you for a specific loss. Instead, they’re designed to punish the drunk driver and send a message that society won’t tolerate such dangerous conduct.
Other behaviors that might warrant punitive damages include racing, road rage, or driving while texting. These damages can significantly increase your total recovery when the driver’s conduct was particularly egregious.
What Evidence Strengthens a Passenger Injury Case?
Strong evidence is crucial for maximizing your compensation as an injured passenger. The good news is that as a passenger, you’re also a key witness who can provide valuable testimony about what happened.
At Perrin Law PLLC Injury & Accident Lawyer, I start gathering evidence immediately to ensure nothing important gets lost or destroyed. Time is critical because witnesses forget details, physical evidence disappears, and electronic data gets overwritten.
Critical evidence includes:
- Police reports: Official documentation of the accident and initial fault determinations.
- Scene photos: Pictures of vehicle damage, road conditions, and your visible injuries.
- Witness information: Contact details for anyone who witnessed the accident.
- Medical records: Documentation linking your injuries directly to the crash.
- Employment records: Proof of your lost wages and missed work time.
- Expert testimony: Accident reconstruction specialists who can prove how the crash occurred.
Your perspective as a passenger is often more reliable than the driver’s accounts because you weren’t focused on operating a vehicle. You could observe things the drivers missed in the moments before impact.
How Long Do You Have to File a Passenger Injury Claim in Texas?
In Texas, you have two years from the accident date to file a lawsuit. This deadline, known as the statute of limitations, is set in stone. If you miss it, you will never be able to get paid.
The two-year clock starts ticking on the day you were injured, not when you discover the full extent of your damages. Some exceptions apply to cases involving minors, but they are rare and specific.
While you have two years to file suit, you should file insurance claims much sooner. Most insurance policies require prompt notification, ideally within days or weeks of the accident.
Don’t wait until the last minute to contact an attorney. Building a strong case takes months of investigation, evidence gathering, and expert consultation. The sooner we start, the stronger your case becomes.
Injured as a Passenger? Contact Our Skilled Texas Car Accident Law Firm Today
Being injured in an accident that wasn’t your fault creates overwhelming stress and confusion. You shouldn’t have to navigate this complex process alone while trying to recover from your injuries.
I help injured passengers secure the compensation they deserve. My approach is simple: I prepare every case as if it were going to trial, which gives us maximum leverage in settlement negotiations.
You don’t pay me anything unless I win your case. This contingency fee structure means I only succeed when you succeed. There’s no financial risk to you for getting experienced legal representation.
The insurance companies have teams of lawyers working to minimize what they pay you. Shouldn’t you have an experienced advocate fighting for your rights? Contact me today for a free consultation to discuss your case and learn how I can help you move forward.
Frequently Asked Questions
Can I Be Blamed for Not Wearing a Seatbelt in Texas?
Not wearing a seatbelt won’t eliminate your claim, but it may reduce your compensation if the defense proves it worsened your injuries.
Can I Sue My Spouse or Family Member After a Car Accident?
Yes, you can file a claim against a family member’s insurance policy, though some policies may limit coverage to state minimums for household members.
Can I Use Coverage from Multiple Insurance Policies as a Passenger?
Texas often allows passengers to stack” coverage from the vehicle they were in and their own auto policy, potentially doubling available protection.
Do PIP and MedPay Cover Passengers in Texas?
Yes, both Personal Injury Protection and Medical Payments coverage typically cover passengers regardless of fault, providing immediate help with medical bills.
What Happens If I Was Injured as a Passenger in an Uber?
Rideshare companies provide $1 million in liability coverage while you’re a passenger, giving you strong protection for serious injuries.
How Are Claims Handled When Multiple Passengers Are Injured?
Available insurance is divided among all injured passengers based on the severity of their injuries and the total damages they suffered.
Should I Give a Recorded Statement to the Insurance Company?
Never give a recorded statement without speaking to an attorney first, as insurers often use these statements to minimize your claim.
How Do Insurance Claims Work for Injured Child Passengers?
Minor passengers have the same rights to compensation, but settlements typically require court approval to protect the child’s financial interests.
Will I Have to Repay My Health Insurance from My Settlement?
Texas law may require repaying your health insurer from your settlement, but an experienced attorney can often negotiate these amounts down significantly.
Will Filing a Claim Raise My Friend’s Insurance Rates?
While any at-fault accident can impact insurance rates, remember that insurance exists for these exact situations, and your health comes first.