Passenger Injury Attorneys in New Jersey
Your Rights as an Injured Passenger After a Car Crash
Any passenger in a vehicular accident is considered free of liability for the accident, unless they committed an overt act that distracted the driver, or in any other way contributed to the accident. Additionally, if you get into a vehicle knowing that the driver is intoxicated, you may have “assumed the risk” of being in an accident.
If you are a passenger and you are injured in a vehicular accident, you may receive compensation for your injuries. Be sure that you see a doctor immediately. You may have a claim against all negligent parties, which can include the driver of the car you were riding in when the accident occurred, as well as the drivers of other vehicles involved.
It is vitally important that get as much information about the circumstances as possible – who was driving each car, what happened, the weather or road conditions, any witnesses, etc.
Contact our New Jersey passenger injury lawyers at DeZao & DeZao, P.C. at (973) 358-6134 to discuss your rights and legal options.
The Process of Filing a Passenger Injury Claim
Filing a passenger injury claim essentially involves a similar method to filing any other type of car accident claim. The only difference is that as a passenger, you have the ability to make the claim against both of the drivers, if the accident involved two vehicles.
It is important that you get insurance details from both of the drivers, and file the claim against each driver’s insurance company. Yet, there are exceptions. For example, if the accident gained no-fault status, you should go ahead and file a Personal Injury Protection (PIP), or no-fault claim against the driver, relative to your medical bills and lost earnings.
What Happens When There Are Multiple Passengers?
One potential issue with passenger injury cases is when you are not the only passenger. Say you are involved in a car accident with two other passengers. If all three of you file against the negligent driver, it may exceed the amount that his insurance can cover. This poses an issue, as each injured individual will need to settle for less than what the case is qualified for.
In this case, what this means for you is that you must take money out of your pockets to compensate for what the driver’s insurance cannot cover. All three passengers may also not agree on a specific amount that each one receives, and the driver himself may even file a suit to settle this matter.
What If the Passenger Is Partially Liable?
If in a rare case, you as the passenger are partly at fault for the accident, your recovery can be lowered by the proportionate share of blame that you had in the accident. Say your damages as a passenger total $50,000, and you were found to be at fault by 10 percent. The maximum recovery you may receive would be $45,000. You must cover the 10 percent of the accident that was your fault.
This specific example is dependent on the state you are living in, though most states maintain the same criteria. Other states may follow different procedures where no compensation is given to anyone who was even remotely liable for the incident.
New Jersey is a comparative negligence state. That means that you can still recover compensation even if the accident was partially your fault. If you are a passenger who was injured in a car accident, you may want to discuss your legal rights with an experienced lawyer. Contact us today to get help.
Call DeZao & DeZao, P.C. Today
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Therefore, please call right away to ensure that you do not waive your right to possible compensation.
Injured in a car crash as a passenger? Give us a call at (973) 358-6134 to discuss your case with a
Client Testimonials
Read What Clients Have to Say About Our Firm
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"They went out of their way to keep me informed"I would like to take this opportunity to thank The Law Offices of DeZao & DeZao for helping me with my legal needs. Especially attorney Margaret Meade and Valentina Failla, Paralegal/Case Manager. They were both instrumental in getting my matter resolved. They went out of their way to keep me informed and on top of al my legal needs. They both truly made this a wonderful experience.Jerry D.
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"I can't say enough about this Office!"I can't say enough about this office. It is absolutely amazing. They were quick, efficient and took care of all of my needs, and explained every detail as I went through this process. Yessica was absolutely amazing! She was professional and helpful. I'm so glad I chose this office!Crystal P.
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"This firm made me feel at ease"I had a motor vehicle accident and this firm has been so patient with me throughout the 3 years of my case. Valentina and Rachel have really been a lot of help. They talked me through everything and helped me understand what was going on. I've had accidents before but nothing like this. My car was totaled. It was scary and DeZao & DeZao made made me feel at ease. They always got back to me. I am very satisfied with the outcome of my case and the services this office gave me. Also I LOVE their pens!Carol R.
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"My Experience was amazing!"My experience with the DeZao & DeZao was amazing! They were very professional, polite, supportive and respectful. My case manager Megan, was a huge help to my family and I. I was a pedestrian who was hit by a car and throughout the process, DeZao & DeZao were with me. My best friend referred me to this law office ,and I would recommend anyone to them at any time. I truly thank and appreciate the experience with them. I would never second guess them at all!Whitney I.
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"Yessica was exceptional in handling my legal matter"Yessica was exceptional in handling my legal matter. She handled every aspect of my case with meticulous attention to detail, ensuring that all necessary documents were prepared accurately and on time. DeZao & DeZao was always one step ahead, anticipating potential issues and addressing them proactively. Their knowledge of the legal process was evident in every interaction, and they were always ready to answer my questions, no matter how complex.Jose T.
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"I highly recommend this team to anyone in need of legal advice"I will highly recommend this team to anyone who's in need of legal advice Ms.Megan, You rock! Thanks for making m feel so comfortable and listening to all my concerns. Thank you so much to everyone who participated in helping resolve my case. Much love!Elzafir B.
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"I highly recommend this firm 100%!"I was thoroughly impressed and happy with the service I received and couldn't have asked for better treatment, From day one, I felt very happy with my decision to go with DeZao & DeZao. They were very transparent with all aspects of my case and kept me fully updated on matters concerning my case. I highly recommend this firm 100%. All associates are top of the line. On particular associate, Valentina Failla, goes above and beyond the call of duty. You won't be disappointed with this team/family/firm.Eddie M.
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"She's an excellent negotiator!"Veronica Melo was very attentive during my time with her. She is an excellent negotiator for clients to have valuable gains for injuries sustained. I can personally attest to this with my no-fault MVA case. Thank you!Nandranie J.
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