By John Cooper, Virginia Beach Car Accident Attorney
Passengers are often victims in car accidents due to no fault of their own. I was saddened to read about the death of an 18-year-old passenger who was killed this week when the car she was riding in hit a flatbed truck.
The Virginian-Pilot reported that she was in the back seat of a sedan when the car collided with a AAA flatbed truck at Princess Anne and Kempsville roads. The crash shut down the intersection for hours.
The Pilot report stated that paramedics took the driver of the car and another passenger to a local hospital. One had life-threatening injuries and the other had serious injuries. The driver of the truck was not hurt in the accident.
My thoughts are with the family of this young lady who lost her life in such tragic circumstances.
More passengers than drivers lose their lives every year in the United States. In 2011, for example, 877 of the 1,223 fatalities that occurred on the roads were of passengers. Generally speaking, passengers have greater rights than drivers to seek compensation if they are injured in accidents.
A passenger who gets hurt in a car accident usually has an easier case than a driver or any other type of personal injury plaintiff. This is because the passenger does not have to worry about proving liability; one of the drivers is almost always going to be liable.
As with any personal injury claim, in a car accident case the plaintiff must be able to prove liability and damages – how badly the plaintiff was injured.
If the accident was a two car accident, one of the drivers is definitely going to be liable. It is almost impossible to have a two car accident without at least one of the drivers being deemed negligent in some way.
If there is a two car accident, a passenger injury claim proceeds just like any other type of car accident claim, except that the passenger would make the claim against both drivers if they shared liability.
If a loved one has lost his or her life as a passenger in a car accident, you may have grounds to sue the driver’s insurance policy. Call Cooper Hurley Injury Lawyers at 757.455.0077 for a free consultation.