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If You're a Passenger in a Crash, Whom Should You Sue?

By Daniel Taylor, Esq. | Last updated on

Being the passenger in an automobile involved in an accident can be a helpless feeling, as you have no control or power to avoid the crash.

But when it comes to recovering for your injuries in court, being the passenger in an automobile accident may allow you to recover damages more quickly than those who may have been behind the wheel, as you likely had no fault in causing your own injuries or the injuries of others.

So if you're a passenger in a crash, whom should you sue?

In a Multi-Car Crash, Both Drivers May Be Liable

In most car accidents involving multiple drivers, determining which driver was at fault can be one of the major legal issue between the two drivers in the accident.

As the passenger, however, any injury claim you have will likely be against both drivers, meaning that no matter who is eventually found at fault, at least one of them will likely be found liable for your injuries in the absence of another intervening cause.

However, even though both parties may be liable for your damages, you may not always be able to recover your entire amount of damages from each driver. In some states, you are only able to recover damages from each party in the amount that party was at fault for your injuries; in jurisdictions that follow the rule of joint and several liability, however, you may be able to recover your full amount of damages from any of the parties who were found at fault.

Other Possible Defendants: Manufacturers, Owners of Vehicles, Government

There are a wide range of other parties who may also be liable for your injuries, including the owners of the vehicles involved in the accident, the manufacturers of the vehicles, and the government agency responsible for maintaining the road on which the accident occurred, among others. It just depends on the circumstances of your specific case.

Learn more about the first steps to take after a car accident and how to find the right car accident attorney at FindLaw's section on Car Accident Liability.

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