Do not think that just because you are a passenger, you have any less of a right to compensation than a driver injured in a car accident in Arkansas.
You are owed a duty of care as a passenger in a car in Arkansas. If anyone, whether it be the driver operating the car you are in or another driver, breaches their duty of care and injures you, you can pursue compensation. In order to exercise your right to compensation as a passenger victim in Arkansas, you must file your claim within three years of the accident. You will also have to prove that another party’s negligence caused your injuries. This can be achieved through evidence of fault, such as witness statements and video footage. There is no limit on damages in car accident claims filed by passenger victims in Arkansas, giving you the opportunity to recover compensation for all of your losses related to an accident, economic and non-economic.
To schedule a free review of your case today, call our Arkansas car accident lawyers at (479) 316-0438.
Do Passengers Have the Right to Sue After Car Accidents in Arkansas?
Passengers, like drivers, have certain rights when it comes to car accidents. This includes the right to pursue compensation, regardless of who an at-fault party is.
As a passenger, you have a right to compensation following an accident. Our Bella Vista, AR car accident lawyers will determine who is to blame for your injuries and proceed accordingly. Although sometimes awkward, you have the right to sue whoever is responsible for your damages, even if that is the person who was driving the car you were a passenger in at the time of the crash.
Or, if another driver struck the vehicle you were a passenger in, you can file a lawsuit against them to recover compensation. Just because you were not the driver of a vehicle does not mean you are unable to recover compensation as a passenger in a car accident in Arkansas.
Several drivers or parties might share fault for your injuries, depending on the situation. Our attorneys will confirm the identities of those responsible for your damages and hold them accountable in the proper manner.
What Gives You the Right to File a Lawsuit as a Passenger After a Car Accident in Arkansas?
Passengers are owed a duty of care from others on the road. If a driver, whether the one operating the vehicle you are a passenger in or another driver, breaches their duty of care, that gives you the right to pursue compensation via a lawsuit in Arkansas.
All drivers owe others on the road a duty of care. This duty requires drivers to act responsibly and in accordance with traffic laws. Breaching one’s duty of care, whether because of speeding, driving under the influence, or otherwise driving recklessly, might cause an accident that injures drivers and passengers alike.
Furthermore, you are owed a duty of care by the person operating the vehicle you were a passenger in. If they acted negligently and breached their duty of care, causing an accident that injured you, that will give you the right to pursue compensation against them.
Proving that You Have the Right to Compensation as a Passenger in a Car Accident in Arkansas
In order to exercise your right to recovery as a passenger following an auto accident in Arkansas, you must prove that a negligent party owed you a duty of care and breached it, causing you injury.
The first element that must be proven for you to exercise your right to recovery is that the negligent party owed you a duty of care. This can be established through evidence, such as witness statements and security camera footage, that places the negligent party at the accident scene as a driver. This can apply to cases involving drivers who cause harm to their own passengers.
Next, we must prove that the at-fault party breached their owed duty of care. This is the negligent act. Surveillance footage and eyewitness statements can also be useful on this front.
Then, we must establish that you sustained injuries as a passenger in an accident. We can do this by submitting your medical records as well as photos of your injuries from the immediate aftermath of a crash.
Finally, we must prove that you suffered real damages as a result of the defendant’s negligence. This can be done by submitting proof of your financial and emotional damages. In order to get the opportunity to prove a negligent party’s fault, you must file your claim within three years of an accident in Arkansas.
Is there a Limit to a Passenger’s Right to Compensation in an Arkansas Car Accident Case?
Passengers’ rights to recovery are not limited in car accident claims in Arkansas. This means you can recover full compensation for all damages you have incurred because of a recent collision.
The first type of damages available to passenger victims of car accidents is economic damages. Economic damages cover all financial losses related to an accident. This includes medical bills and lost wages. If you have additional out-of-pocket expenses from an accident, those costs can also be compensable in a lawsuit against a negligent party.
Then, there are non-economic damages. While Arkansas does not impose a limit on non-economic damages for passenger victims, that does not mean recovery of emotional damages is guaranteed. In these instances, victims must prove their pain and suffering. This can be achieved through witness statements from loved ones or mental health professionals. In some cases, a passenger victim’s injuries might be sufficient to show an accident’s impact on their life, emotionally speaking.
Call Our Attorneys About Your Arkansas Car Accident
You can call our Farmington, AR car accident lawyers at (479) 316-0438 to set up a free case assessment today.