Note: The average auto accident settlement (including both drivers and passengers) is approximately $37,000, which is based on data from over 4,500 auto accident cases.
How an Attorney Can Help with a Car Accident Settlement Involving A Passenger
Each case is unique, and the amount you may receive from your claim will vary depending on the severity of the injury, accompanying injuries, and other case factors detailed below. Our personal injury attorneys have helped thousands of individuals recover compensation for injuries, including passengers of vehicles who have sustained injuries. If you or a loved one has sustained an injury or is experiencing symptoms after being a passenger in a car accident, you may be entitled to seek compensation. Learn what to do after an accident, or reach out to our legal team for help.
Getting started with your case is easy. Call 888-801-4813 or request a free case evaluation online. And remember, there are no upfront costs or legal fees – we only get paid if you win.
Factors That Affect How Much Compensation A Passenger May Receive After An Accident
There are various factors at play when evaluating a passenger claim in a car accident. This can include, but is not limited to, the following:
1. Severity of Injury
Passengers involved in car accidents can often sustain a wide range of injuries, ranging from minor to severe. While some injuries may heal quickly, others can have long-term or permanent consequences. Generally, the more severe the injury is, the higher the associated medical bills and the greater the compensation for pain and suffering.
Your health and recovery should always be your top priority. It is essential to undergo a comprehensive medical evaluation, as certain injuries may not show immediate symptoms. Following medical professional advice is crucial in ensuring your recovery goes as smoothly as possible and can also impact your compensation. Any medical treatments or expenses related to the accident should be documented (such as hospital bills after the accident), as they can significantly support your claim for compensation.
2. Insurance Coverage
The at-fault driver’s insurance policy limits significantly determine how much compensation is available for your claim. If multiple drivers share fault in the accident, claims can be filed against each driver’s insurance policy to maximize recovery. In cases where the at-fault driver’s insurance coverage is insufficient to cover your damages or if the driver is uninsured, your own uninsured/underinsured motorist (UM/UIM) coverage can provide additional compensation. This type of coverage is specifically designed to protect you when the at-fault party cannot fully pay for your injuries or losses.
3. Compensation
Passengers can file claims for compensation for various expenses incurred due to the collision. This covers current and future medical costs, including hospital bills, surgeries, rehabilitation, and any ongoing treatments related to the accident. Pain and suffering or emotional distress (such as PTSD) are typically harder to quantify but are an essential part of many claims. If your injuries prevent you from working, you can claim lost wages and even future earnings if your ability to work is permanently impacted.
4. Liability
Passengers are rarely at fault for a car accident, so liability generally falls on one or more drivers involved. Passengers are rarely at fault in car accidents, which works in your favor when seeking compensation. For more information regarding liability, see how fault is determined following a car accident.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Common Passenger Injuries After a Car Accident
1. Soft Tissue Injuries
In some cases, the injuries resulting from a car crash can lead to minor soft tissue injuries, such as muscle strains and sprains. As a passenger in a car accident, you may be prone to soft tissue injuries due to the lack of control over your movement during a collision. These injuries are typically caused by the sudden impact or unnatural movements during the crash, leading to pain, stiffness, and temporary loss of mobility.
Example Scenario: A group of friends are carpooling home from swimming practice. The 16-year-old passenger in the back of a vehicle grips the door handle during a rear-end collision; the sudden impact and bracing against a collision caused a muscle strain in their shoulder. The passenger experiences soreness and limited range of motion for several weeks – forcing them to sit out of swim practice. No long-term treatment was necessary.
Settlement: A $15,000 settlement is awarded, covering medical bills and compensation for pain and suffering.
2. Whiplash Injuries
Whiplash is a form of neck strain that happens when sudden force or movement strains your neck and spine, damaging bone, muscle, ligaments, and nerves. This is a common injury in rear-end collisions, where the sudden stop or impact causes the head to snap violently.
Example Scenario: A couple is driving home from a grocery store trip and is stopped at a red light. A speeding SUV is not paying attention and hits them from behind. The passenger in the front develops neck pain and stiffness. After her diagnosis of whiplash, she attends ten physical therapy appointments, misses work for 2 weeks, and is released from care.
Settlement: A whiplash settlement for $30,000, covering medical bills, lost wages, and pain and suffering.
3. Fracture & Broken Bone Injuries
Broken bones or fractures happen whenever force applied to a bone exceeds its ability to withstand it. As a passenger, the dashboard and door are typical examples of what the body would hit during a car crash.
Example Scenario: A 70-year-old woman was a passenger in her friend’s vehicle when another car struck it from the side. During the collision, her arm violently hit the door, resulting in a fractured forearm. She required internal fixation surgery, followed by several weeks of physical therapy. Since the injured arm was her dominant one, it significantly impacted her quality of life for an extended period.
Settlement: A $100,000 settlement, covering medical expenses and compensation for pain and suffering.
4. Traumatic Brain Injuries (TBIs)
Head injuries, including concussions, post-concussion syndrome (PCS), or traumatic brain injuries (TBIs), can occur when the head strikes a window, seat, or airbag during the collision. These injuries can result in long-term medical treatment or physical or emotional impairment.
Example Scenario: A 17-year-old boy was a passenger in his father’s car when he was involved in a high-speed collision on the highway. During the crash, his head struck the side window extremely hard. After seeking medical treatment, he was diagnosed with a concussion and post-concussion syndrome. His recovery required ongoing medical treatment, including neurological evaluations and cognitive therapy. He also missed part of his senior year sports season and had to miss classes due to frequent doctor’s appointments.
Settlement: A $285,000 traumatic brain injury settlement, covering medical expenses and compensation for pain and suffering.
5. Internal Injuries
Blunt force trauma from a car crash can result in internal injuries such as damage to organs, internal bleeding, or ruptured blood vessels. Internal injuries from a car crash might not be immediately apparent, making it crucial to seek medical evaluation.
Example Scenario: A 50-year-old man was riding as a passenger in a vehicle when a car ran a stop sign and collided with them. The collision resulted in trauma to his abdomen, which resulted in internal bleeding to his spleen. He was taken to the hospital via emergency ambulance and underwent surgery, which required months of recovery following.
Settlement: The case settled for $450,000, covering medical expenses, lost income during recovery, and compensation for pain and suffering.
6. Spinal Cord Injuries
A severe lower back injury involving spinal cord damage can result in permanent disability or a loss of mobility. Due to the seriousness of these injuries, they often lead to substantial settlements.
Example Scenario: A 45-year-old woman was a passenger in her co-worker’s vehicle when they were t-boned by a speeding driver who ran a red light. The crash caused a lower-back spinal injury that required surgery, both inpatient and outpatient rehabilitation, and left her with lifelong discomfort. She can no longer continue her career as she planned and incurred significant medical expenses.
Settlement: A $1.3M spine injury settlement, covering her medical bills, loss of earning potential, and compensation for pain and suffering.
Get Help from An Auto Accident Attorney at Brown & Crouppen Law Firm
When dealing with a personal injury insurance claim, it is crucial to consult with an experienced attorney who can guide and advise you through the claim. Early legal intervention can help protect your rights and improve your chances of compensation. The choice of a lawyer is an important one and should not be decided without careful consideration. Our legal team is here to help you learn more about your legal options and evaluate the strength of your accident claim. We care about our community and have dedicated our practice to helping injury victims recover justice, accountability, and compensation.
Get started by requesting a free case evaluation online or by calling us at 888-801-4813. Our Kansas City and St. Louis car accident lawyers have helped clients recover over $1 billion in settlements and verdicts. And remember, there are no upfront costs or legal fees – we only get paid if you win.
