Accident Passengers May Recover Money For Their Injuries, Even If Their Driver Was To Blame | Orlando Florida
As a Florida personal injury attorney, I sometimes think about how car accident victims in the news should be handling their cases. (If you just want my best tips, scroll to the end for my quick tip list for Orlando car accident passengers.)
Orlando Florida Car Accident Led To Injured Passenger
This week, there was a crash on SR 408, on the East/West Expressway, near Orange Blossom Trail. The crash happened after dark, at 9:35 p.m.
The driver and his passenger were riding in a pickup truck, when they crashed into an electrical equipment box, crossed the travel lanes, and hit the center road median. The driver’s side made impact.
I was amazed that the injuries weren’t more serious from this car crash. I mean, the Orlando Fire Department had to cut the driver out of the truck. Anytime you read the words “extrication” in a car crash news report, usually the reported injuries are serious or catastrophic. But police said that both people in the pickup didn’t have life-threatening injuries.
My guess is they will be hurting after a few days, if they aren’t already. Because injuries often feel worse a few days after an accident, it is imperative that drivers with any possibility of the slightest injury get IMMEDIATE medical treatment. Delaying medical treatment, even a few days, can lower the value of any car accident case. Quick medical treatment is essential to proving car accident case value.
Can Orlando Car Accident Passengers Sue Their Own Drivers?
In this Orlando car accident case, there was a passenger. He may not realize that he could recover money for his injuries. But, if his driver caused the accident, then he is entitled to sue his friend for his injuries. Sometimes accident passengers do not think that they can sue their own driver. But they can.
Sometimes the driver can argue that accident passengers contributed to the accident, let’s say by distracting the driver. However, that is rare, and usually an uphill battle.
What Are The Most Common Orlando Car Accident Causes?
The cause of this Orlando car accident is unknown. Very often, in single vehicle crashes, either distracted driving, or drunk driving, are the causes of a high percentage of Orlando car accident cases. Also, if drunk driving is suspected, police are usually pretty good about giving field sobriety tests, and following those with blood alcohol testing in local medical facilities. Since neither of those were reported, I’m going to guess that distracted driving might have been involved. Orlando accident passengers can often tell us what caused a crash, since they are often good witnesses.
Why Distracted Driving And Texting While Driving Are Not The Same Thing
Many people thinking of distracted driving as only being texting while driving. But that’s not true. Distracted driving includes many forms of distractions, including talking to a passenger, eating food, changing the radio station, setting GPS coordinates, talking on the phone, putting on make-up, handling pets or children, or even crazy things like reading, or watching television. The list is practically endless.
Proving distracted driving may or may not be important, depending on the severity of the injuries, and damages you might incur. But, again, accident passengers can often tell the story, unless they are too injured to speak, or were tragically killed. (In wrongful death cases, proving damages is more complex.)
Is The Driver Always Responsible For A Single Vehicle Collision?
I suppose it is possible that another vehicle caused the driver in this Orlando truck accident to veer off the road. That happens sometimes. When it does, both driver and passenger may be able to get money for their injuries. In those situations, try to get the tag number, and a description, of the offending vehicle.
What’s My Best Advice For All Auto Accident Victims?
My advice to anyone who did not cause an Orlando car accident would be to follow my top ten ways to get the most money from your auto accident, very carefully. That short & sweet cheat sheet tells auto accident victims everything they need to know, to get the most money from their Orlando car accidents. Additionally, you really should read my personal injury lawsuit basics. That’s a great compilation of my top tips for hiring a Florida accident attorney, and dealing with insurance companies.
What’s My Best Advice If You Think Someone Else In Your Car Caused The Accident?
If you think there is any chance that someone in your car caused the accident, then you really shouldn’t talk to them about the accident, or your injuries. I realize that might be extremely difficult or impossible. But they can testify against you. And, if you have serious injuries, then you may need to sue them.
Should You Sue Friends Or Family For Your Injuries?
You should realize that, although an at-fault driver may be scared of a lawsuit, really Orlando car accident attorneys would be trying to recover money from his insurance company. We very rarely seek defendant assets because of the combination of Florida’s collection laws, and bankruptcy protection. The laws make collection against income and assets almost impossible, or totally impossible, in most situations. Besides, many Orlando drivers don’t have enough income or assets to cover next month’s rent, much less serious injuries from an Orlando car accident.
Quick Tips For Accident Passengers
After an accident, anyone injured should:
- get immediate medical treatment
- take photos of all damaged vehicles
- take photos of anything showing their injuries
- not talk to any insurance company (including your own) without first talking to a lawyer
- remember you may have to notify your insurance company of the accident within a short time period, so call a lawyer quickly
- not delay talking to a lawyer because of the need to notify your insurance company, and collect evidence quickly
- not be afraid of suing family or friends
- not talk to anyone about the accident or their injuries without first talking to a lawyer
- not tell any medical providers that you feel fine, or aren’t very injured (this could change later, but you wouldn’t want that comment in your medical records).
- remember Orlando accident attorneys prove your injuries with medical records. No records, no case.
- Stay away from social media entirely! Whatever you post, publicly or privately, becomes evidence relevant to how you are feeling, or how the accident happened.
- read my top ten tips for getting the most money from your Orlando car accident case.
If were injured from an Orlando car accident, I provide one free telephone consultation, with no obligation whatsoever. Just give me a call or text, to get a quick appointment.