Car crashes are more common in the Centennial State than you think. In 2023, Colorado witnessed 94,000 traffic accidents that resulted in 659 fatalities. Being in a car accident is a devastating experience. Fortunately, you can file a personal injury lawsuit against the at-fault driver’s insurer to pay for your injuries and damages.
The question is, can you file a claim if you were not behind the wheel?
Unlike drivers, passengers are not typically at fault in car accidents, but they still have the right to pursue a personal injury claim for their injuries. At Manning Law, we know the financial, physical, and emotional difficulties you might have to face after getting injured in a car crash.
In this quick post, we will help you understand your rights as a passenger and if you can file a personal injury lawsuit to recover damages.
Understanding Your Rights as a Passenger
Passengers in Colorado have the right to pursue a personal injury claim if they are injured in a car accident, regardless of who was driving. The law recognizes that passengers are typically not at fault and may experience serious injuries as a result of someone else’s negligence.
With these rights, you can seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident. Whether the at-fault party is the driver of the vehicle they were in or another motorist, passengers can take legal action to protect their rights and recover the compensation they deserve.
1. Who Can You File a Claim Against?
As a passenger, you may be wondering who you can hold liable for your injuries. In most cases, passengers can pursue a claim against:
- The At-Fault Driver: If the driver of the other vehicle caused the accident, you can file a claim against their insurance company or directly with the driver.
- The Driver of Your Vehicle: If the driver of the vehicle you were in was at fault, you can file a claim with their insurance. This can sometimes feel complicated, but Colorado law allows passengers to file claims against the driver of their own vehicle if that driver was negligent.
- Both drivers: In some cases, both drivers may share liability. If it’s determined that both drivers contributed to the accident, you may be able to file claims against both parties.
Sometimes, this situation is more complicated than you can imagine. That’s why you should consult a competent personal injury lawyer in Colorado as soon as possible.
2. How Does Colorado’s Comparative Fault Rule Affect Passengers?
Colorado follows a comparative fault system when determining liability in personal injury cases. This means if you are partially responsible for the accident, your compensation will be reduced by the percentage of fault you are assigned.
For example, if you were injured as a passenger, and it’s found that you were 10% responsible for the accident, your compensation would be reduced by 10%.
However, this rule doesn’t prevent you from filing a claim as a passenger. It simply reduces the total amount of compensation based on the degree of fault. Going back to the example, if the claim was worth $100,000, you would be eligible to receive only $90,000.
3. What Types of Compensation Can You Pursue?
In Colorado, as a passenger injured in a car accident, you can seek compensation for several types of damages, including:
- Medical Expenses: This includes hospital bills, doctor’s visits, surgeries, medications, rehabilitation, and any future medical care you may need. These are called economic damages and are paid at actual costs.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you lost during your recovery.
- Property Damage: If any of your personal property, such as a cell phone or belongings, was damaged during the accident, you can pursue compensation for those losses as well.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries. These are non-economic damages, and as of January 1, 2025, the non-economic damages cap in Colorado will be $1.5 million for civil actions, which is a considerable raise from the previous cap of $250,000.
4. What Should You Do After an Accident as a Passenger?
If you are a passenger in a car accident, there are several important steps you should take to protect your right to file a personal injury claim:
- Seek Medical Attention Immediately: Even if you don’t feel injured right away, get checked out by a healthcare professional. Some injuries, like whiplash, may not show immediate symptoms.
- Document the Accident: Take notes about the accident, including details about the location, time, and weather conditions. If possible, take photos of the scene, vehicle damage, and your injuries.
- Gather Contact Information: Obtain the contact details of both drivers, any witnesses, and the insurance companies involved.
- Contact a Personal Injury Attorney: A personal injury lawyer can guide you through the claims process and help you understand your options for seeking compensation.
5. Why Should You Consult a Personal Injury Lawyer?
Even though passengers have the right to file a personal injury claim, the process can be complicated, especially if there is a dispute over liability. Many situations, like traveling in a rental or an Uber, can lead to confusion over whom you can file the lawsuit against to recover damages.
However, a competent personal injury attorney in Colorado can help you understand your rights, file the lawsuit, and navigate the legal system. They can negotiate a settlement on your behalf and even present you should the case go to trial.
Contact Manning Law Today
If you were a passenger in a car accident and want to file a personal injury claim, do to act quickly. Colorado has a statute of limitations for filing personal injury claims, and evidence can become harder to gather as time passes. So, speak with a skilled personal injury law firm like Manning Law as soon as possible.
We offer a free case consultation, and our team will leave no stone unturned to help you secure the compensation you deserve. Call 720-649-4747 or fill out our online form to schedule your consultation.
