Injured Car Accident Passengers: Recovering Against the Driver

Yes. In Louisiana, passengers injured in a car accident have every right to pursue compensation for their injuries, just like drivers. Whether the crash involved two vehicles or a single-vehicle collision, you’re entitled to seek recovery if someone else was at fault — even if that person was the driver of the car you were riding in.

Many people hesitate to file a claim when the driver is a friend or relative. But keep in mind that you’re not using them personally. Their auto insurance company typically handles your claim. You have a legal right to cover your medical bills, lost income, and other damages.

Passengers have the same legal right to recover damages as drivers after a car accident in Louisiana — even if they were riding with the at-fault party.

Understanding these rights early can help you take action before essential deadlines pass or evidence becomes harder to collect.

Passenger Injuries Are Often Serious

Passengers face many of the same risks as drivers in a collision. In some cases, they may face even greater danger. Factors like seat position, lack of control over the vehicle, and not wearing seatbelts can increase injury severity.

The Centers for Disease Control and Prevention (CDC) reports that:

One in four unintentional injury deaths in children involves a motor vehicle crash.

Improper use of restraints is a leading cause of injury, especially for children in rear seats. In adults, common injuries include:

• Head and brain trauma
• Broken bones
• Internal bleeding
• Spinal injuries
• Emotional trauma, like post-crash anxiety or depression

These injuries often require emergency care, long-term treatment, and therapy. A personal injury claim can and should cover all of these costs.

Who Is Responsible for a Passenger’s Injuries?

Several parties may be held legally responsible after a crash. Identifying the correct at-fault party depends on the facts of the accident. These are the most common sources of liability:

The Driver of the Passenger’s Vehicle

If the driver you were riding with caused the crash, you can file a claim against their insurance. Negligent behavior includes speeding, distracted driving, intoxication, or failing to obey traffic laws.

A Different Driver

If another driver hits your vehicle, they may be liable. This typically leads to a third-party insurance claim against the at-fault driver’s policy.

The Driver’s Employer

If the driver was working — for example, as a delivery driver or commercial vehicle operator — their employer may share liability under Louisiana’s vicarious liability laws.

Vehicle Manufacturer

If a vehicle malfunction, such as an airbag failure or brake defect, contributed to your injury, Product liability laws may hold the maker accountable.

A Government Entity

In rare cases, poorly maintained roads, missing signs, or other infrastructure issues could make a government agency liable for the crash.

What Injured Passengers Should Do After a Crash

To protect your rights:

• Report the crash to the police- A police report documents fault, injuries, and citations.

A police report not only helps establish fault but also documents injuries, witness information, and citations, which are critical in personal injury claims.

• Get medical care- Some injuries may not show symptoms right away.
• Collect information- Exchange insurance details and get witness contacts.
• Document the scene- Take photos of the vehicles, damage, and injuries.
• Speak with a lawyer- An attorney can handle the claim, gather evidence, and deal with insurers.

Damages You Can Recover as a Passenger

When filing a personal injury claim as an injured passenger, you may be eligible for the following types of compensation:

• Medical Bills-Covers emergency care, hospital stays, surgeries, prescriptions, physical therapy, and any expected future treatment.
• Lost Wages-Compensates for missed workdays, reduced hours, or permanent changes to your earning ability.
• Property Damage-Includes personal items damaged during the crash — such as phones, eyewear, electronics, or bags.
• Pain and Suffering-Addresses physical pain and mental health struggles like anxiety, depression, or post-traumatic stress.
• Loss of Enjoyment of Life-This applies if your injuries prevent you from participating in hobbies, sports, or daily activities you once enjoyed.
• Punitive Damages-Although uncommon, the driver’s motorist exhibited very careless behavior, such as driving while intoxicated

Even if the at-fault driver is your friend or relative, you have the right to file an injury claim. Their insurance, not them personally, typically “ly pays.

Table: Common Passenger Injuries and Recovery Factors

Settlement vs. Trial: How Passenger Claims Are Resolved

Most car accident claims are resolved through settlements. This avoids the time and stress of trial. However, insurance companies often offer less than what your injuries are truly worth.

A lawyer will prepare a full damages demand supported by evidence and negotiate a better settlement. If needed, they can take your case to court to pursue full compensation.

Article 2323 of the Louisiana Civil Code states that if the wounded party is somewhat to blame for the collision, compensation may be 

In some cases, if you weren’t wearing a seatbelt or distracted the driver, your compensation could be reduced by Louisiana comparative fault law.

Statute of Limitations in Louisiana

Louisiana allows only one year from the date of the accident to file a personal injury claim. This applies to injured passengers, too. If you wait too long, you may lose your right to recover.

FAQs About Passenger Injury Claims in Louisiana

Can I sue the driver if I was their passenger?

Yes. If the driver was at fault, you can file a claim against their insurance even if you know them.

Does it mean I wasn’t wearing a seatbelt?

Not always. Louisiana follows comparative fault, which may reduce but not bar your claim.

What if both drivers were partially at fault?

You may be able to recover from both through proportionate liability.

How long do I have to file a passenger injury claim in Louisiana?

One year from the date of the accident, the state’s statute of limitations.

Can I claim emotional distress as a passenger?

Yes, psychological injuries like anxiety or PTSD may be included in your damages.

Conclusion

Injured passengers have full legal rights to seek compensation after a crash, even if the at-fault driver was someone they know. From medical bills to emotional suffering, your losses matter —you shouldn’t shouldn’t bear them alone.

If you were hurt in a motor vehicle accident as a passenger, Charbonnet Law Firm, LLC is here to help. Our team understands Louisiana law and has helped passengers across New Orleans protect their rights and recover what they deserve. Reach out today to schedule your free consultation.