When most people think of auto accident litigation, they probably immediately imagine the injured driver of one vehicle filing a claim against the negligent driver of another vehicle. Of course, much auto accident litigation proceeds precisely in that manner; however, many auto accident claims are actually filed by passengers that are injured in car and truck accidents. Such claims can be filed against the driver of the automobile in which the passenger was riding, the driver of the other automobile in the accident, or even both, depending on the circumstances surrounding the accident.
What is important to note is that passengers who are injured in auto accidents have the right to be compensated for the losses and expenses they sustain as a result of their injuries. The New Orleans personal injury attorneys of Harrell & Nowak have the resources, skills, and experience to provide aggressive legal representation to victims of auto accidents while standing up to even the most powerful auto insurance companies and their teams of lawyers.
If you were injured in an auto accident while you were a passenger in someone else’s car, we urge you to contact the New Orleans personal injury law firm of Harrell & Nowak for an evaluation of your case today. We would be pleased to advise you of your legal rights and options.
Guest Passenger Claims
At our law firm in New Orleans, passenger lawsuits can be filed against any and all parties whose negligence contributed to the accident. “Guest passenger” claims are often filed against friends and family members. In such cases, we often must remind our clients that they are recovering compensation from large insurance providers, and that taking action against their loved ones may be the only way to obtain that compensation.
Our New Orleans auto accident attorneys evaluate each passenger injury case to determine which party is at fault and how best to proceed with litigation. If it is determined that the drivers of both vehicles are partly at fault for the accident, it may be possible to recover under both drivers’ insurance policies, up to the total worth of the claim. Louisiana is a pure comparative negligence state, meaning that an injured driver who was partly at fault for an accident can recover damages proportional to the other driver’s percentage of fault (that is, if the court finds that the other driver is 70 percent at fault, the injured driver can recover up to 70 percent of the total value of his or her claim). However, compared to both drivers, the injured passenger is usually not at all at fault, so such limits are not applicable regardless of either driver’s level of fault.
We Will Not Be Intimidated
The personal injury attorneys of Harrell & Nowak are particularly skilled in taking legal action against large insurance companies. If you have been injured in a serious accident involving a commercial truck or other vehicle, or an expensive vehicle that is well-insured, chances are that the insurance company will attempt to underpay or even altogether reject your guest passenger claim. These insurance companies usually have an army of powerful lawyers at their disposal, hoping to intimidate accident victims out of taking any action against them. As a client of our New Orleans law firm, however, you can expect that we will not be intimidated. We will pursue your case to ensure that you are able to obtain the full measure of compensation due to you under the law.
For further information about guest passenger claims or auto accident litigation in general, please contact the New Orleans personal injury attorneys of Harrell & Nowak today.