Injured as a Passenger in a Car Crash?
Get an Experienced Houston Car Accident Attorney on Your Side
If you were injured as a passenger in a Houston car crash or anywhere in Texas, you have the right to seek compensation for your injuries and losses. Even if you did not cause the accident, a passenger’s injuries can be severe and costly, and insurance companies often try to minimize what you receive. Texas law holds the driver at fault (or drivers, in a multi-car crash) responsible for paying damages to injured passengers. The Adley Law Firm is based in Houston and serves injury victims throughout Texas. We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case. Our attorneys speak both English and Spanish, so we can help Spanish-speaking clients as well. Contact us today to discuss your case and start your recovery.
Who Can Be Held Liable for Your Injuries?
As a passenger injured in a car wreck, you can pursue a claim against any driver who was at fault in the accident. This includes the driver of the vehicle you were riding in or the driver of another vehicle involved in the crash. If the driver of your car caused the collision, you can file a claim against their insurance policy – you are not suing the person, but rather their insurance company. If another driver caused the wreck, you can claim against that driver’s liability insurance policy. In multi-vehicle crashes, fault can be shared among drivers. Texas follows a modified comparative negligence rule, which allocates fault and reduces your recovery by any percentage of blame assigned to you. In practice, passengers are rarely held responsible unless their own actions directly contributed to the crash.
Some people worry about suing a friend or family member who was driving. Remember, you are not trying to punish a person you know – you are seeking payment from the insurance company. Liability coverage exists for exactly this purpose, to pay for injuries after a crash. Holding the insurance company accountable does not usually cost the driver anything personally. Your focus is on recovering for your medical bills and other losses, not on personal retaliation.
Texas Fault Laws and Insurance
Texas is a fault based state. In a fault system, the driver who causes an accident is responsible for the other party’s injuries. In other words, if a driver’s negligence or wrongful act leads to a crash, that driver’s insurance must cover the injured passenger’s damages. Texas requires all drivers to carry liability insurance (at least $30,000 per person for bodily injury) to help cover these claims. Texas also follows modified comparative negligence (Tex. Civ. Prac. & Rem. Code § 33.001), which means each person’s percentage of fault is considered when awarding damages. Your recovery can be reduced by any percentage of fault assigned to you, but this rarely affects passengers unless they distracted the driver or knowingly created a danger.
Insurance Coverage for Injured Passengers
After an accident, you may be able to recover damages through several insurance sources:
- At fault driver’s liability insurance: The primary source to pay your medical bills and other damages when that driver is legally responsible for the crash.
- Uninsured/Underinsured Motorist (UM/UIM) coverage: If the at-fault driver has little or no insurance, your own auto policy may have UM/UIM coverage that can help pay your bills.
- Personal Injury Protection (PIP): Texas law requires insurers to offer PIP coverage (often $2,500 by default). PIP pays medical bills regardless of fault (unless a driver has waived it in writing).
- Your own auto insurance: Even as a passenger, if you have MedPay or other coverage on your policy, it may pay your hospital bills and related expenses after the crash.
We will review all insurance policies and coverage options to make sure every available source is used to pay for your treatment and losses.
Common Injuries Suffered by Passengers
Passengers can suffer a wide range of traumatic injuries in car crashes. Even minor collisions can cause significant harm when your body is jolted or struck. Common injuries to passengers include:
- Concussions and other traumatic brain injuries (TBI)
- Spinal cord and neck injuries (such as herniated discs or paralysis)
- Broken bones (including arms, legs, ribs, collarbone, etc.)
- Internal organ injuries (damage to the liver, spleen, kidneys, etc.)
- Whiplash and soft-tissue injuries to the back, neck, and shoulders
- Severe lacerations, cuts, and bruises from debris or airbags
- Burns or facial injuries (if fire occurs or airbags deploy)
These injuries often require extensive medical care, such as surgery, hospitalization, and rehabilitation. Treatment costs can quickly add up. For example, medical treatments like X-rays, MRIs, surgeries, medications, and physical therapy can accumulate high expenses. If you are unable to work while recovering, you also lose income. Adley Law Firm will carefully document all your injuries and expenses so the insurance company pays for the full extent of your harm.
What to Do After a Passenger Car Accident
Taking the right steps immediately after an accident can protect your health and strengthen any potential claim. If you are injured as a passenger:
- Seek medical attention right away: Your health is the top priority. Even if you feel okay initially, some injuries (like concussions) are not obvious. A doctor’s examination will ensure you get treated and creates medical records linking your injuries to the crash.
- Call the police: Always report the collision to law enforcement. Having an official police report documents the facts of the crash, which is crucial evidence.
- Gather information: Exchange names, phone numbers, insurance details, and driver’s license or license plate information with all drivers involved.
- Collect witness contacts: If anyone saw the accident, get their names and phone numbers. Witness statements can corroborate what happened.
- Document the scene: Take photos of the vehicles, damage, road and weather conditions, and any visible injuries you have.
- Keep detailed records: Save all medical records, bills, prescriptions, and documents related to your treatment. Also document any time you miss from work or school.
- Note how you feel: Keep a daily log of your recovery. Record your symptoms, pain levels, medication, and how the injuries affect your daily life. These notes can help doctors track your healing and provide evidence of your suffering in your claim.
- Report to your insurer: Notify your own car insurance company about the crash. If you plan to use UM/UIM or MedPay benefits, inform your insurer promptly.
- Contact a Houston lawyer: Have an experienced attorney review your case as soon as possible. We can preserve evidence, advise you on the claims process, and handle communications so you don’t have to deal with insurance adjusters alone.
Legal experts advise that following these steps – especially getting prompt medical care and gathering evidence – will protect your rights. An attorney can make sure the insurance company does not take advantage of your situation and that you meet all legal requirements.
Recovering Compensation for Passenger Injuries
When you are injured through no fault of your own, Texas law allows you to recover damages for all the ways the accident harmed you. You may seek compensation for:
- Medical expenses: Past and future bills for doctors, hospitals, surgeries, therapy, medication, and any other treatment related to the crash.
- Lost wages: Earnings lost while you were unable to work during recovery. If your injuries affect your ability to work long-term, you can claim loss of earning capacity.
- Pain and suffering: Compensation for the physical pain and emotional distress you endure as a result of the injuries.
- Emotional distress: Damages for anxiety, depression, or other psychological effects stemming from the crash, if significant.
- Loss of enjoyment of life: If your injuries prevent you from enjoying activities or hobbies you once did, the law can compensate that loss.
- Permanent disability or disfigurement: If the crash causes lasting impairments or scars, you can recover for those serious effects.
We will carefully calculate a fair value for your case based on the severity of your injuries, medical needs, and other factors. Our goal is to make sure you receive enough compensation to cover your current and future needs. Adley Law Firm will fight to recover every dollar you deserve.
Time Limits to File a Claim
In Texas, you generally have a limited time to file a personal injury lawsuit. The deadline is usually two years from the date of the crash (Tex. Civ. Prac. & Rem. Code § 16.003). This means if your accident happened on January 1, 2024, you have until January 1, 2026 to file suit. For a fatal crash, surviving family members also have two years to bring a wrongful death claim. It’s critical not to miss this deadline; if you fail to file in time, you may lose your right to recover any compensation. We recommend contacting an attorney promptly to protect your legal rights and preserve evidence.
Why You Need an Experienced Houston Car Accident Lawyer
Insurance companies often try to minimize payouts. They may dispute fault, downplay your injuries, or offer a quick low settlement. A skilled attorney levels the playing field. At the Adley Law Firm, we are dedicated to helping injured passengers and have a strong track record:
- Thorough Investigation: We gather all evidence related to the crash, including the police report, traffic camera footage, and witness statements. This helps establish exactly what happened and who was at fault.
- Evidence of Injuries: We collect and organize your medical records, bills, and working with medical experts if needed, to document the full extent of your injuries and future medical needs.
- Identifying All Liable Parties: Sometimes others share responsibility. We check whether an employer, manufacturer, or another party might also be liable, maximizing the compensation sources.
- Dealing with Insurance Tactics: Our lawyers negotiate with insurance adjusters on your behalf. We know the tricks insurers use – like delaying your claim or questioning your credibility – and we protect you from them.
- Fighting for Fair Value: We will not accept an unfair settlement. Our team negotiates firmly for the full amount of your damages. If the insurer refuses to be reasonable, we are prepared to take your case to court. Our lead attorney, Kevin Adley, is board certified in personal injury trial law (placing him among the top 2% of attorneys in Texas), so you can count on skilled trial representation.
Recovering from a crash can be overwhelming. You need a lawyer who will fight for you and guide you through the process. We will keep you informed every step of the way. Remember, we charge nothing up front and you owe us no fees unless we obtain compensation for you.
If you or a loved one was injured as a passenger in a Houston car accident, don’t wait to get help. Contact the Adley Law Firm today. Call for a free consultation, or fill out our online form. We serve Houston and injury victims across Texas. Our team is bilingual in English and Spanish, and we will fight to get the compensation you deserve.