Can a Passenger Sue the Driver in an Accident?

A passenger can sue the driver in an accident if they were negligent. As a passenger, you are owed a duty of care by all drivers to abide by all traffic laws.

If this has happened to you, schedule a free, no-cost consultation at Kogan & DiSalvo. We are well-versed in Florida’s negligence laws and have a proven track record of outstanding settlements and verdicts. We could review your case and determine if you have a viable personal injury claim as a passenger against a negligent driver. When you need a full-service law firm that takes cases on a contingency basis, you can depend on our team.

When You Can Sue the Driver

It is difficult to know what to expect physically after an accident if you have been seriously hurt, so it’s best to seek medical treatment as soon as possible. To recover financial compensation from your PIP policy, you should go to the hospital after a car accident within 14 days of the accident. To recover damages, you can hire an attorney and file a personal injury claim against the driver. 

When a Passenger Cannot Sue the Driver

Florida is a no-fault jurisdiction, so people injured in car accidents must recover benefits–such as medical costs and lost wages–from their PIP insurance policy. However, the maximum payout under PIP insurance is $10,000.

Types of Damages You May Pursue

One common question from passengers injured in a car accident—where the driver may have been negligent is–can I sue for emotional distress after a car accident? Yes, if you experience shock, grief, fear, or persistent anxiety in the aftermath of the crash. These are the hallmarks of post-traumatic stress. The following is a list of damages you can recover, which include emotional distress:

• Physical and emotional pain and suffering
• Medical costs
• Lost wages
• Loss of earning capacity
• Loss of companionship
• Loss of enjoyment of life

Schedule a Free Consultation

If you were a passenger in a car and seriously injured in an accident, consult with an experienced Florida car accident lawyer as soon as possible. At Kogan & DiSalvo, we know this is not just a case–it is your life. If you have questions about a passenger’s ability to sue the driver in an accident, call Kogan & DiSalvo today to arrange a zero-cost case review. We do not charge our clients anything unless they win.