As a passenger in a motor vehicle accident, is it possible to ever be held at fault? Generally speaking, the answer is no. As passengers typically bear no responsibility for causing an accident, they are generally considered blameless and thus entitled to full compensation for their damages.
For more specific questions about the unique circumstances of your car accident case, you should reach out to a knowledgeable and experienced attorney as soon as possible. Shane McClelland of the Law Office of Shane McClelland, PLLC has decades of experience and documented successes and would love to help explain your rights and the best possible outcome for your future. To see how we can help, please call us at (713) 987-7107 or fill out our contact form to get started.
Understanding Passenger Rights
Unlike drivers, whose ability to collect damages can be significantly impacted by their percentage of fault in an accident, passengers are usually exempt from such proportional responsibility. For instance, in Texas, a driver who is more than 50% at fault cannot recover damages, and if they are less at fault, their recovery is reduced proportionally. However, passengers, being free from fault, should rightfully receive full recovery of their damages, irrespective of the drivers’ fault percentages. This is particularly vital in severe accidents where the passenger incurs extensive medical expenses that may surpass the insurance policy limits of the involved drivers.
This right to full recovery is not confined to suing just one driver. In fact, passengers can and should consider legal action against all drivers involved in the accident, especially in catastrophic incidents leading to significant personal and financial losses. The combined policy limits of all drivers might be necessary to compensate the faultless passenger adequately.
When the accident isn’t the fault of the passenger’s driver, the legal process requires proving that each driver’s actions or omissions contributed to the accident. If a driver is found not at fault, they won’t be liable for the passenger’s lawsuit. Yet, it may be advisable for passengers to sue all potentially responsible parties. Speak with attorney Shane McClelland to further discuss your best options for maximum recovery.
How a Dedicated Attorney Can Help
Partnering with the Law Office of Shane McClelland, PLLC means entrusting your case to a capable lawyer while you focus on healing from your injuries. Attorney Shane McClelland, renowned for his knowledge, experience, and compassion, will take charge of collecting crucial evidence to establish liability in your case. This involves a thorough investigation of the car accident, gathering traffic camera footage, data from the car’s computer, police reports, and all relevant communications such as text messages, emails, social media posts, as well as video footage, photographs, and medical records. These efforts are pivotal in proving that the other party caused the accident and your resulting damages.
In Texas, personal injury lawsuits are subject to a two-year statute of limitations, meaning you generally have two years from the date of the accident to file a lawsuit. Handling such legal proceedings on your own can be daunting, especially with the pressure of a ticking clock. By entrusting your case to Shane McClelland, you eliminate the stress of navigating legal negotiations and meeting critical deadlines. We ensure that your lawsuit is filed timely and correctly, sparing you the worry of procedural missteps while you concentrate on your recovery.
Schedule Your Free Consultation Today
With nearly two decades of experience, Shane McClelland of the Law Office of Shane McClelland, PLLC focuses on personal injury law, particularly in cases involving car accidents. We are committed to guiding you through every step of the legal process, walking arm in arm with you from the initial consultation to the final settlement or trial. Our focus is to manage your legal concerns, allowing you to concentrate on your recovery.
If you’re seeking clarity on your role and responsibilities as a passenger in a car accident, or if you have any concerns about potential fault and its implications, we are here to help. Get a comprehensive, free case evaluation to understand your position and the best course of action. Schedule your no-obligation consultation today by calling (713) 987-7107 or by filling out our contact form.