Resourceful. Experienced Contact Attorney Simon
Injured woman on a cell phone in a wrecked car

What To Do As An Injured Passenger

Mark A. Simon, Attorney at Law April 29, 2022

According to statistics from the Colorado Department of Transportation crash report, there were 121,648 total crashes statewide in 2019. As a passenger in a motor vehicle, you rely on the driver to take you to your destination safely. In the event of an accident, you may suffer minor to serious injuries, be unable to work, and other losses.

The moments following an accident are often unsettling and may leave an injured passenger confused about what to do next, who to hold responsible, or how to seek damages for their injuries. If you have suffered an injury as a passenger in a Colorado traffic crash, you are within your rights to pursue fair compensation and hold the liable party accountable by filing an injury claim.

At Mark A. Simon, Attorney at Law, we have the diligence, experience, and resources to assist, guide, and represent injured passengers and their families in their accident claims. Our trusted Colorado personal injury attorney can fight vigorously to protect your legal rights and help you pursue the financial justice you deserve. We're proud to serve clients across Denver, Englewood, Aurora, Lakewood, Commerce City, Arvada, Thornton, Wheat Ridge, and Centennial, Colorado.

Fault Determination

Determining the at-fault party is crucial when seeking damages as an injured passenger. Colorado is an "at-fault" auto insurance state. This means that the person who caused the traffic crash (the at-fault party) will be held civilly and financially liable for medical costs, property damages, and other accident-related expenses suffered by the injured passengers.

In order to recover damages for your injuries, you must prove that:

  • The at-fault party owed you a legal duty of care.

  • The at-fault party breached the expected duty of care because they were negligent.

  • The careless or negligent actions of the at-fault party caused your injuries.

  • You suffered bodily injuries, actual harm, or losses from the accident.

An experienced personal injury attorney can gather the required evidence and documentation, help prove negligence, establish liability, and file your personal injury claims.

Filing a Claim

Furthermore, an injured passenger seeking damages may proceed by:

  • Filing a first-party claim with their own insurance company.

  • Filing a third-party claim against the insurance carrier of the at-fault driver or the car owner.

  • Filing a third-party claim against the insurance provider of the opposing driver or owner of the vehicle involved in the accident.

  • Filing a personal injury lawsuit in civil court against the at-fault party.

If you or a loved one were injured as a passenger in a motor vehicle accident, you need to reach out to an experienced car accident attorney straight away. We can help identify the liable party, seek to prove fault and establish liability, and file injury claims on your behalf.

Passenger Liability

Passengers aren't often responsible for the traffic collision and may be eligible to receive full compensation regardless of the at-fault party. However, there are some cases where a passenger's negligence or carelessness might have led to safety issues that caused the accident. For example:

  • The passenger attempted to take control of the car.

  • The passenger pushed the brake or gas pedals.

  • The passenger damaged the car.

  • The passenger distracted the driver while driving.

  • The passenger blinded the driver.

  • The passenger made the driver take drugs or alcohol before driving.

  • The passenger encouraged the driver to drive recklessly or aggressively.

In the event that the passenger's actions contributed to the motor vehicle accident, the amount of compensation that they may be able to recover will be affected.

Percentage of Fault May Determine Damages Received

The state of Colorado operates using the "modified comparative negligence" rule, with a 50% bar. According to the system, accident victims (injured passengers) may only seek damages if they were partially (less than 50%) at fault for their injuries. Nonetheless, the amount of compensation that may be recovered will be reduced by their percentage of fault.

Under Colorado's modified comparative negligence principle, you will be completely barred from seeking damages if you were found to be equally or mostly (50% or more) responsible for the accident or your injuries. An experienced attorney can fight to protect your legal rights and help you seek the maximum possible compensation for your injuries.

Legal Advocacy You Can Trust

Getting injured as a passenger in an accident can be difficult and emotional. Such an incident may affect you financially, physically, and mentally. Thankfully, injured passengers may be eligible to pursue fair compensation by filing an injury claim or lawsuit. Though, the same law firm may not represent both the driver and passenger to avoid conflict of interest. An experienced personal injury attorney can advocate for your best interests and explore your possible legal options to recover damages.

At Mark A. Simon, Attorney at Law, we are poised and ready to represent injured passengers and their families in their auto accident cases. As your legal counsel, we can evaluate and investigate all of the surrounding facts of your case and determine the best way to proceed with your injury claims. Using our in-depth legal understanding, we will fight for your legal rights and help you seek the maximum possible compensation for your injuries, pain and suffering, and other potential damages.

Contact Mark A. Simon, Attorney at Law, today to schedule a simple case evaluation with a skilled car accident attorney. Our dedicated lawyer can fight diligently for your best interests and offer you the vigorous legal representation and reliable advocacy you need in your injury claims. Our firm proudly serves clients across Denver, Englewood, Aurora, Lakewood, Commerce City, Arvada, Thornton, Wheat Ridge, and Centennial, Colorado.