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Jackson & New Orleans Workers' Compensation / Blog / Car Accident / Your Rights As a Passenger in a Car Accident

Your Rights As a Passenger in a Car Accident

Your Rights As a Passenger in a Car Accident

If you find yourself the victim of a car accident as a passenger, you may have questions or concerns about your options regarding compensation. It’s important for you to understand your rights as a passenger to ensure you get the compensation you deserve. Drivers are not the only ones that are eligible to file a claim after a car accident occurs.

If you are injured as a passenger, contact your local Mississippi car accident attorney for help. An attorney can review your individual case and advise you on the best course of action.

Driver’s Owe Passengers a Duty of Care

Drivers in the state of Mississippi owe others a duty of care when they are operating their vehicle—this includes other drivers, as well as passengers and anyone else that could be harmed by their negligent actions. If a driver fails to uphold their duty and causes an accident, you as a passenger have a right to file a claim for compensation if you were injured and suffered damages.

Potential Liable Parties:

When an accident occurs, there are a couple of different parties that could be held liable that you may file a claim against.

  • The driver of the vehicle you were a passenger in
  • The driver of another vehicle that caused the accident
  • The owner of the vehicle that caused the accident

Mississippi Pure Comparative Fault

It’s important to note that Mississippi is a pure comparative fault state. This means that you may file a claim against the guilty parties, but if you are found to have played any part in the accident, the compensation you receive will be reduced based on your percentage of fault. For example, if you did something that caused the driver of the vehicle you were in to get into an accident, you may also be held partially liable.

How Do I Get Compensation as a Passenger After a Car Accident?

Mississippi is also an at-fault state. This is important because it will affect how you will receive compensation. In a no-fault state, passengers could get coverage for their injuries through their own insurance with personal injury protection coverage. However, this is not an option in Mississippi.

In an at-fault state, the guilty parties are the ones responsible for covering damages, such as injuries, vehicle damage, loss of income, emotional distress, etc. When you seek compensation, you will file a personal injury claim against the at-fault party, and their insurance carrier will cover the damages up to their policy limit. If the compensation is not enough to cover all of your damages as a passenger, such as your medical expenses, you may pursue additional compensation by filing a personal injury lawsuit.

All drivers in Mississippi are required to carry liability coverage through their auto insurance. This coverage is what will pay for your injuries and other damages when you file a claim against them. The minimum coverage required is:

  • $25,000 for bodily injury or death of one person in an accident.
  • $50,000 for total bodily injury or death in an accident.
  • $25,000 for property damage per accident.

These are only the minimum requirements. It is possible that the guilty party could carry more than the minimum, which could mean their policy will cover all of your expenses. Again, however, if the amount of coverage is not enough, you may pursue additional compensation by filing a lawsuit against the guilty parties.

Connect with an Experienced Mississippi Personal Injury Attorney

If you are injured in an accident as a passenger, our team of experienced personal injury attorneys can help you file a claim and get the compensation you deserve. You have a right to pursue legal action against all guilty parties. If their insurance policies are not enough to cover your damages, we can help you file a lawsuit for additional compensation.

For a free consultation with an experienced personal injury lawyer in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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