Motor vehicle accidents are one of the leading causes of personal injuries in the United States and right here in Louisiana. According to the National Highway Traffic Safety Administration (NHTSA), almost 40,000 people are killed in motor vehicle crashes each year in the United States, with passengers accounting for a substantial portion of both fatalities and injuries. In Louisiana specifically, the situation mirrors national trends with concerning statistics. The Louisiana Highway Safety Commission reports over 800 traffic fatalities every year, making it one of the highest rates per capita in the nation. The same statistics also reveal a significant number of traffic accident injuries too, with over 3,600 injuries being classified as serious, almost 18,000 as minor, and roughly 39,000 a possible. Despite these figures, our Houma car accident lawyer knows that insurance companies regularly underpay or even deny passenger injury cases. This is why victims and their families need to know their passenger rights after a car accident in Louisiana to ensure they recover the compensation that they deserve.
Here at the Patrick Yancey Law Firm, we represent victims and their families who have been injured as a passenger in a car accident. We offer free consultations and, if we accept your case and if you hire our law firm, there are no upfront charges for litigation expenses or our legal fees. Rather, we only get paid after we recover compensation for your – and our legal fees are only paid from a percentage of that recovery. Whether you were injured right here in Houma or elsewhere in Terrebonne Parish, call our Houma car accident lawyer to schedule your free case evaluation today.
There are many different ways that a passenger could be injured in a motor vehicle accident in Louisiana. Although most people believe that car accidents have to involve multiple vehicles, the truth is that passengers may have rights after a car accident in even a single-vehicle accident. Other times, passengers may be injured in public transportation and not realize they also have a claim.
Some of the most common examples of passenger accidents that Patrick Yancey handles include the following:
Passengers experience injuries through various collision scenarios, each presenting distinct challenges and dangers that must be considered by an experienced Houma car accident lawyer such as Patrick Yancey. Each type of accident can cause different liability issues that must be considered, as well as different injuries for passengers that could impact the type of compensation a victim may be entitled to.
For example, front-impact collisions thrust passengers forward violently. The sudden deceleration can cause passengers to strike the dashboard, windshield, or seat in front of them. Many passengers in front-impact collisions sustain broken bones in their ankles, lower leg, wrists, or arm. They also often suffer rotator cuff injuries, impingement, A/C joint damage, biceps tears or ruptures, and similar shoulder or upper arm injuries including separations or dislocations.
Side-impact crashes pose particular risks to passengers sitting on the impacted side of the vehicle. These T-bone accidents often result in direct trauma as the door crushes inward. The proximity to the point of impact leaves little room for safety features to absorb the force. This translates into more significant disfigurement or lacerations to skin, muscles, or a person’s body.
Rear-end collisions create a whiplash effect that can be especially severe for passengers who may not see the impact coming. Without the ability to brace themselves as a driver might, passengers often experience more severe neck and spine injuries. This often includes spine injuries requiring a spinal fusion with painful and permanent hardware, usually due to disc herniations, compression fractures, nerve injuries or impingement, crush injuries, annular tears, or relates damage.
Besides the type of impact, single-vehicle accidents also pose significant risks worth discussing. When a driver loses control and strikes a fixed object like a tree or guardrail, passengers on the impact side bear the full force of the collision. Weather-related accidents on Louisiana’s wet roads can cause vehicles to hydroplane or slide, resulting in unpredictable crashes that leave passengers vulnerable to injury from multiple angles.
The spectrum of passenger injuries from car accidents in Louisiana ranges from minor bruising to life-altering trauma or wrongful death, with each type of injury carrying distinct medical and legal implications. Understanding these common injuries helps passengers recognize the importance of immediate medical attention and proper documentation for their claims, as well as their passenger rights after a car accident in Louisiana. Even seemingly minor symptoms can indicate serious underlying damage that will continue to worsen over the coming days, weeks or even months following a Houma car accident anywhere in Terrebonne Parish or other parts of Louisiana.
Common injuries sustained by passengers that Patrick Yancey and his law firm could handle include the following:
Determining liability in passenger injury cases involves complex legal analysis that differs significantly from driver claims. Passengers generally have stronger legal positions because they rarely have fault for accidents. However, establishing which party bears responsibility requires careful investigation and could impact the amount of compensation that a passenger may be entitled to.
For example, when the driver of the vehicle you occupied caused the accident, their insurance typically provides primary coverage. Louisiana law requires minimum liability coverage for all occupants, though these limits may prove insufficient for serious injuries. This is why checking what other insurance policies may apply can help fill that gap in coverage, which is why having an experienced Houma car accident lawyer review your case to identify all possible defendants and their insurance policies is critical to your case.
To this point, if another driver caused the collision, that party bears primary responsibility for passenger injuries. Thus, multiple insurance policies may come into play for even a simple type of rear-end collision. Additionally, the vehicle owner’s insurance where you were a passenger or even your own insurance policies may provide additional coverage through underinsured motorist protection. This is known as a type of supplemental auto insurance policy which is often referred to as uninsured motorist (UM) or underinsured motorist (UIM), collectively UM/UIM or simply SUM. As you may appreciate from these different policies, they can be complex and most insurance adjusters will do what they can to deny your otherwise valid claims.
Commercial vehicle accidents add another layer of complexity. When buses, rideshare vehicles, or commercial trucks are involved, corporate liability and higher insurance limits typically apply. Employers may bear vicarious liability for their drivers’ actions too, but only if they were without the scope of employment at the time of the accident. Products liability claims may arise if vehicle defects contributed to the accident or injury severity, as well as defective repairs or inadequate maintenance. Defective airbags, faulty seatbelts, or structural failures can make manufacturers additional defendants in passenger injury cases.
Louisiana law provides robust protections for injured passengers, recognizing their unique position as innocent victims in most accident cases. You have the fundamental right to seek full compensation for all accident-related losses as a passenger, despite what the insurance adjuster may tell you. This includes immediate medical expenses, future treatment costs, lost wages, and pain and suffering. Unlike drivers who may see compensation reduced due to their own negligence, passengers typically recover full damages unless they contributed to their injuries through actions like failing to wear seatbelts.
Thus, even if you are going after insurance from the driver of the car you were in or the insurance of driver who may have hit your car, you have the right to legal representation which cannot be waived or restricted by the insurance carriers. This protection prevents insurers from taking advantage of injured passengers who may not understand their rights or the true value of their claims. That’s why it is imperative to retain an experienced Houma car accident lawyer to ensure your rights to compensation are protected in Terrebonne Parish or elsewhere in Louisiana after an accident.
Passenger rights after a car accident in Louisiana are very serious and often can result in significant compensation for pain and suffering, medical bills, lost wages and other types of damages. If you or a loved one were seriously injured in a motor vehicle accident in Louisiana, the Patrick Yancey Law Firm can help you recover that compensation and other damages that may be related to your Houma car accident. Whether you live in Terrebonne Parish or were visiting for work, family or recreation while on vacation from another state, you’ll need an experienced Houma car accident lawyer to represent you here to protect your passenger rights.
To learn more about how our Houma car accident lawyer and the rest of the compassionate legal team at the Patrick Yancey Law Firm can help you, call (985) 313-9791 or send a message through our contact form available on our website.