In car crashes, the focus tends to center on the drivers or the driver and pedestrians or property in an accident. The passengers in accidents tend to get overlooked when discussing what to do in the aftermath of an accident.
Highways tend to be more dangerous due to the addition of commercial trucks and other cargo trucks that take up a lot of space on highways. This also leads to a lot of crashes as people try to outpace these trucks and fail to yield for them. If you or a loved pass in an accident, you or your loved ones can meet with wrongful death attorneys in Pasadena to learn what you can be compensated for.
What To Do as a Passenger in an Accident
Accidents can happen at any time. If you find yourself in an accident as a passenger, follow the steps you would in a typical accident:
- Check yourself and those around you for injuries
- If anyone is injured, call emergency services
- Exchange insurance information with other drivers or get the contact information of those involved in the accident
- Take photos and video evidence
- Talk to witnesses and get their contact information
- Report it to your insurance
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Passenger Rights in California
Passengers in California should know their rights in the event of an accident. Often, the focus lies with drivers, but passengers also have the same rights as all involved parties when looking for compensation.
Duty of Care
In California, drivers owe everyone a duty of care. This means all drivers on the road must be responsible and drive safely on the road. If they cause an accident, they can be held accountable for any harm or damage caused to their passengers.
Seeking Compensation
If you’ve been injured because of someone’s negligence, you may be entitled to compensation. In a car accident, that applies to economic and non-economic damage, the severity of your injuries, and the degree of negligence from the at-fault parties, and your insurance coverage.
Economic Damages
These damages refer to medical bills, lost wages, property damage, and out-of-pocket costs such as transportation, medication, or home modifications.
Non-Economic Damages
These damages are difficult to put monetary value on due to the intangible nature of emotional and mental damage. This includes pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life.
Punitive Damages
Punitive damages are fines that a guilty defendant must pay for committing an offense. These damages aren’t a part of a compensation package, but a penalty for the negligent party.
Can Passengers Be Held Liable in an Accident?
Yes, but in certain situations. If the passenger distracts the driver, takes control of the wheel, or the brake system, then they can also be held liable. If the passenger is found to have caused a distraction due to being under the influence or an active threat, then they can also be held liable for an accident.
Filing Against Multiple Parties
Depending on the accident, you may have to file suits against multiple parties. An attorney can help you with the filing process and keep you updated on each suit. California’s comparative negligence laws also make this process convoluted as it determines fault for every single party involved in an accident. However, your attorney can also help you with this process.
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Wrongful Death Suit
In the case of a wrongful death, your loved ones can file a case on your behalf. The following are some of the common types of accidents that result in wrongful death suits:
- Car, Truck, and Motorcycle Accidents in Pasadena – Speeding, distracted driving, running red lights, or driving under the influence can cause a fatal accident. Depending on the type of vehicle, the damage can be more catastrophic.
- Pedestrian Accidents– Drivers who run stop signs, ignore crosswalks, or drive carelessly in pedestrian areas can cause fatal injuries.
- Catastrophic Injuries Leading to Death– Severe accidents can lead to severe injuries such as traumatic brain injuries, spinal cord damage, and other fatal complications. These injuries are particularly common in workplace accidents.
- Premises Liability Accidents– In the event of an accident caused by dangerous conditions or negligence, the property owner may be held responsible for all accidents on the premises.
How to File a Wrongful Death Suit
Wrongful death suits can be filed by immediate family members such as a spouse, children, or dependents without any issue. If there are multiple parties, you must file your case for the deceased as one. This streamlines the process and makes it easier for everyone involved to receive a fair settlement. Speak to an attorney today to learn more about your situation.
Compensation
Sudden deaths can cause financial stress on you or your loved ones. Seeking compensation can never fill the hole left by the deceased, but it can ease financial burdens while holding the negligent parties responsible.
Wrongful death attorneys in Pasadena can help you file a claim for the following:
- Economic Damages
These damages are easily calculable with receipts. In a wrongful death case, this usually refers to compensation for funeral and burial expenses. It can also cover medical bills, lost wages, and the loss of any form of present and future financial support.
- Non-Economic Damages
These damages are difficult to calculate as there is no set monetary value for emotional attachments. However, that won’t stop wrongful death attorneys in Pasadena. Your attorney can help you recover compensation for loss of companionship as well as the pain and suffering that comes with the sudden loss of your loved one.
FAQ
What if I Must File a Claim Against a Family Member?
Making a claim against family members isn’t as straightforward due to family immunity. This is to protect families from financially ruining themselves.
Over the years, this has deteriorated due to societal norms and insurance practices. It’s best to consult your lawyer about your situation if you find yourself in an accident involving a family member.
What If My Loved One Held Some Responsibility in Their Death?
In California, all parties share negligence. If your loved one took control of the wheel or distracted the driver, they would hold some liability in their accident and untimely death.
However, you and your family would be able to be compensated for the percentage of fault they did not hold. For example, if your loved one was found 30% at fault for a $1,000,000 accident, then you’d be eligible for $700,000.
How Long Does a Wrongful Death Suit Take?
A wrongful death suit can take anywhere in between several months to a few years, depending on the factors surrounding the case. It’s best to speak to a wrongful death lawyer about your case to get an estimate for your case.
What If Multiple People Want to File a Wrongful Death Suit?
If multiple people want to file a wrongful death suit for the same person, they must all file together under one case. This is to avoid confusion and streamline the compensation process for all the people affected by the untimely passing of the individual in question.
What If Someone Dies Out of State?
If someone dies out of state, the state of residency and the state where the death occurred must work together to investigate the death, transport the body, and coordinate with the family to move the body across state lines. Talking to an attorney can help you navigate the process and answer any questions you may have depending on the state you’re bringing your loved one back from.
Our lawyers at Vaziri Law, LLP, are a dedicated team that uses their 200 years of combined experience to help clients receive the compensation and care they need during trying times. Schedule a free consultation today with one of our wrongful death attorneys in Pasadena today!
