Passenger Injuries
In most circumstances, a passenger in a vehicle involved in a crash has a claim against every driver (and their insurance company) whose negligence may have contributed to the accident. This includes the driver of the car in which the passenger was riding which is likely to be a friend, relative, or at least a known person. This is sometimes a difficult thing to understand, as it may mean a claim being made by the wife and children for injuries caused by the negligent driving of their husband and father. Of course, in reality, the claim is against the insurance company providing liability coverage for the driver. The fact that there may be a relationship between the passenger and driver should not cause any hesitation in bringing a claim. As odd as it may sound, there is really no reason making a claim against the driver’s insurance company should strain personal relationships at all. An injured person may choose simply to never attempt to recover damages exceeding the insurance policy limits.
An injured passenger has normally not contributed to causing the accident. As such, a passenger usually can recover 100% of his or her damages including past and future wage loss, past and future medical expense, and past and future pain suffering and disability. There will be no percentage reduction of damages because of the contributory negligence of the passenger.
Still, if before or upon entering a vehicle, a passenger becomes aware of, or ought to become aware of, a danger which involves a risk of injury to the passenger, it is then the passenger's duty to exercise ordinary care to take such action for his or her protection as would be taken by a person of ordinary intelligence and prudence under the same or similar circumstances. Failure to do so may constitute negligence. For example, a person may be negligent for getting into a car when the driver is known to be drunk or otherwise incapable or normally operating the car.
A passenger in an automobile has no duty with reference to the manner in which the vehicle is managed. A passenger may assume that the driver understands and appreciates the control he or she has over the car and that the driver will not operate it in a negligent manner. However, if the driver during operation of the vehicle subjects the passenger to an unreasonable risk of injury and the passenger knows, or ought to know, that the passenger is being exposed to such danger, it then becomes the passenger's duty to use ordinary care for his or her own protection by taking such action open to him or her or protesting. Failure to do so may be evidence of negligence.
The management and control of a motor vehicle is the duty and responsibility of the driver alone. But, if a guest passenger, by physical action, interferes with the management and control of the driver, or if a guest passenger by any other action distracts the driver from the driver's duties of management and control, then the guest passenger may be negligent.
As a full service law firm, we advise and represent clients in most areas of the law, including Personal Injury, Car Accidents, Product Liability, Business Law, Real Estate, Family Law & Divorce, Estate Planning, Criminal Defense, Environmental Law and appeals. We also provide services in Bankruptcy, Workers' Compensation and Employment Law.
For a free initial consultation regarding your injury from an accident, we invite you to contact us or submit your incident for review by one of our professional personal injury lawyers.
Herrick & Hart is a Wisconsin-based law firm representing people injured in accidents that occured in the state of Wisconsin and most often those who are residents of the following areas.
| Ashland County: Ashland, Odanah, Wisconsin |
| Barron County: Barron, Rice Lake, & Cameron, Wisconsin |
| Bayfield County: Bayfield, Mason, & Washburn, Wisconsin |
| Chippewa County: Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley, Wisconsin |
| Clark County: Abbotsford, Colby, Neilsville, & Thorp, Wisconsin |
| Douglas County: Superior, Wisconsin |
| Dunn County: Boyceville, Menomonie, Colfax, & Downing, Wisconsin |
| Eau Claire County: Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour, Wisconsin |
| Jackson County: Black River Falls, Taylor, Merrillan, and Alma Center, Wisconsin |
| Juneau County: Elroy, Mauston, Necedah, Union Center, Wisconsin |
| La Crosse County: La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem, Wisconsin |
| Marathon County: Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston, Wisconsin |
| Monroe County: Sparta, Wisconsin |
| Pierce County: Bay City, Ellsworth, River Falls, Spring Valley, Wisconsin |
| Portage County: Stevens Point, Amherst, Plover, Rosholt, & Whiting, Wisconsin |
| Rusk County: Ladysmith, Hawkins, & Weyerhauser, Wisconsin |
| Sawyer County: Hayward, Wisconsin |
| St Croix County: Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson, Wisconsin |
| Taylor County: Medford, Gilman, & Stetsonville |
| Wood County: Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield, Wisconsin |
