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Is the driver at fault for the injuries or death of a passenger in an accident?

car accident lawyerSuppose your friend is driving you to the movies to see a movie when she suddenly slams into an oncoming car on the interstate, leaving you with severe, life-threatening injuries.

When we get into the passenger side of a vehicle, it is our expectation that the driver will keep us safe on the road. Sadly, this is not always the case. As auto accident attorneys, we’ve seen the devastating effects these accidents can have on individuals and families.

At Heiting & Irwin, we genuinely hope that you never find yourself in a situation like this one. But in the event that you are injured or your loved one is killed in a car accident as the result of another driver’s negligence, you do not need to suffer in silence.

Suing Another Driver

In California, you can sue the driver of the vehicle that caused your injuries or the death of your loved one for negligence. When the accident was the fault of the driver, the injured or heirs of the wrongfully killed passenger are entitled to compensation. This compensation may include the cost of your medical bills, lost wages, pain and suffering, and other damages.

In our state, the legal doctrine of comparative fault applies. Let’s say, for example, the total amount of your damages was $80,000, but you were 40% responsible for getting into a vehicle operated by an impaired driver. In this instance, the amount of damages you could recover from the insurance policy of the driver could be reduced by 40%. This is one reason why you need good representation from the very start of your case.

What if you’re a passenger in a vehicle that gets into an accident with another vehicle, but each driver is proven at fault for the accident? Who pays for your damages then? These cases in which multiple parties may be at fault can get complicated and must be examined on a case-by-case basis. This is why it is critical that you seek representation from an experienced car accident attorney, as soon as possible. The lawyers at Heiting & Irwin are committed to using their leadership and dedication to help you gain the compensation you deserve. Contact us today.