Passenger Injuries in Car Accidents

When you get behind the wheel of your car, you are responsible for the safety of everyone on the road, but you also have some control over your own safety. By following the rules of the road, driving defensively, and steering clear of aggressive drivers, you greatly improve your chances of avoiding a serous car accident that causes catastrophic personal injury or even death.

When you are a passenger, on the other hand, you are not only at the mercy of other drivers but also the person who is driving you. Any driver can make an error and cause your life-changing injuries in an instant.

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If you or someone you care about has been injured in a car accident due to driver negligence, don’t wait to retain the skilled legal counsel of an experienced Texas car accident attorney. The team at Miller Weisbrod Olesky is ready to assess and protect your rights.

The Texas Department of Transportation (TxDOT) shares the following statistics regarding car accidents throughout the state in 2023:

• 18,752 people – including passengers – were seriously injured in collisions.
• 4,283 people lost their lives due to traffic injuries.
• Per 100 million miles traveled, there were 1.45 fatal traffic-related injuries.
• One person was injured every two minutes and six seconds, and a day didn’t go by without a fatal car accident on at least one Texas road.
• The top causes of fatal and injury-causing car accidents were impairment and distraction.

The Insurance Institute of Highway Safety (IIHS) reports that Texas was second only to California in the total number of fatal car accidents in recent years.

U.S. Department of Transportation reports:

• The number of traffic fatalities increased by 10 percent.
• Passenger vehicles accounted for a full 76 percent of all traffic fatalities.
• The fatality rate per 100,000 registered vehicles was highest for the occupants of passenger cars.
• Those driving passenger cars that were involved in fatal car accidents were significantly more likely to be impaired by alcohol.
• Those driving passenger cars that were involved in fatal car accidents were significantly more likely to be speeding.

Dangerous car accidents are all too common, and when you’re a passenger, you’re completely vulnerable to driver negligence, whether other drivers or even the person who is driving you. In either situation, you should consult a car accident lawyer who can assess who should be liable for your losses.

Forms of driver negligence that are most likely to cause car accidents are driver impairment, excess speed, and distracted driving, and each is worthy of a closer look.

Driver Impairment

According to the Texas Open Data Portal, more than 37 percent of all traffic fatalities in the state from 2014 to 2023 involved a driver who was impaired by either alcohol or drugs.

While traffic decreased significantly during the pandemic, alcohol-related fatalities increased. The Centers for Disease Control and Prevention (CDC) reports that 32 people are killed by drunk drivers every day in this country, which translates to a death every 45 minutes. CDC reminds everyone to take the risk of impaired driving very seriously. For example, if you know that the person getting behind the wheel has been drinking, offering to drive or finding another ride is always in your best interest.

As a driver’s Blood Alcohol Concentration (BAC) increases, they experience more and more serious impairment, including:

• At .02 percent BAC: the driver experiences some loss of judgment, which goes along with increased relaxation.
• At .08 percent BAC: which is the legal limit in Texas and throughout the nation, muscle coordination and the ability to detect danger decreases. Drivers also experience impairment related to judgment, reasoning, memory, and self-control.
• At .10 percent BAC: there is an obvious deterioration in terms of the driver’s reaction times and their ability to control the vehicle. Signs such as slurred speech, lack of concentration, and dulled thinking are common.

Things only get worse from here. You can avoid getting into a vehicle with a drunk driver, but you cannot prevent a drunk driver in another car from crashing into you.

Excessive Speeding

The saying that speed kills has endured for generations because excess speed behind the wheel is always a critical concern on our roads. The state of Texas reminds drivers that their speeding affects more than just themselves. They put it this way – This aggressive behavior has contributed to the loss of life of far too many passengers and pedestrians over the past decade.

It’s important to note that drivers don’t have to exceed the speed limit to travel at dangerous speeds. Every motorist is responsible for driving at a speed that safely accounts for whatever additional traffic hazards may be happening on the road, including:

• Traffic
• The condition of the road
• The effects of bad weather on the road
• Visibility
• Debris on the road
• Road construction
• Workers on the road

When motorists speed, they not only increase the chances that an accident will happen but also increase the likelihood that it will be fatal. TxDOT reports that excess speed was a primary factor in more than 160,000 traffic accidents throughout the state in 2023 and that 1,456 people lost their lives in speed-related accidents. This means that a full third of all traffic fatalities in the state involved excess speed.

Nationally, speed killed 12,151 drivers, passengers, and pedestrians in 2022. Excess speed puts everyone on the road at increased risk of injury, and consequences associated with speeding include the following:

• Drivers are at greater risk of losing control of their cars.
• Drivers experience longer stopping distances once they recognize risk factors on the road ahead.
• The effectiveness of occupant protection equipment in the speeding car, such as seat belts and airbags, decreases.
• The higher the speed, the more serious any resulting accidents or injuries are likely to be.

When drivers choose to speed or drive too fast for conditions, your safety as a passenger is jeopardized.

Distracted Driving

Distraction is another major risk factor behind the wheel. The State of Texas reminds drivers that there are too many fatal crashes due to distracted driving. Distraction puts everyone in the vehicle at increased risk, including all passengers.

NHTSA reports that, nationally, 3,308 people were killed by distracted drivers in 2022. Additionally, texting is the most alarming distraction of all. When a motorist types or reads a text behind the wheel, their attention is distracted for an average of five seconds, and during these five seconds, they travel about the length of a football field when driving at highway speeds. This is a substantial distraction, and the consequences can be deadly for other drivers and passengers.

Other Forms of Driver Negligence

While impairment, excessive speed, and distraction are the most prevalent forms of driver negligence, many other errors can cause passenger injuries. Some include:

• Failure to follow the rules of the road
• Aggressive driving
• Fatigue, which can lead to impairments similar to drunk drivers
• Failure to maintain one’s car in safe working order

Regardless of the kind of negligence that caused the collision, a dedicated car accident attorney can help you obtain the compensation you deserve and you need to regain your health and well-being to the fullest extent possible.

If you’re injured as a passenger in a car accident, you’ll need to prove which driver’s negligence caused you to be injured, but your own innocence in the matter is generally established. Only under very rare circumstances are passengers found at fault for car accidents.

If the driver of the car you were riding in is at fault, your testimony could play a serious role in your claim against their insurance. For example, if they were speeding or distracted, or you became aware of their impairment after you got on the road, you were a direct witness to their negligence.

If, on the other hand, another driver was responsible for the accident that caused your injuries, your claim will proceed against their insurance. Proving their negligence can be more challenging in some situations, and they might try to blame others for causing the crash. Liability disputes can complicate your claim, so you always want the right car accident lawyer handling the process to seek compensation from the proper parties.

Passengers in car accidents are in unique and vulnerable positions. While drivers have some control over the outcome of a collision, passengers are often at the mercy of others.

One common type of injury experienced by passengers is spinal cord injury and paralysis. In fact, according to data from the National Spinal Cord Injury Statistical Center (NSCISC) motor vehicle accidents are the leading cause of spinal injuries, accounting for 39.3% of all cases. These injuries often require extensive medical treatment and rehabilitation, significantly impacting an accident victim’s quality of life.

Passengers can also suffer from internal injuries, such as organ damage or internal bleeding, may not be immediately apparent and require medical evaluations to identify. Remember, as a passenger in a car accident, you have the right to seek legal relief for your injuries. Don't hesitate to seek the help you need.

Regardless of whose negligence caused your injuries as a passenger, you must prove the legal elements of your claim. This can be more complicated than it seems, so working closely with a seasoned car accident attorney from the outset is wise. Your attorney will leave no stone unturned in their efforts to gather and compile all the available evidence, including:

• The police report and any citations or arrests
• The testimony of eyewitnesses, including you and other passengers, motorists in the vicinity, and bystanders at the scene
• The footage captured by any security cameras, traffic cameras, and dash cams in the area
• Physical evidence at the scene, such as any skid marks and the positioning of the cars post-accident
• Photos and videos captured during or after the accident by cell phones
• The testimony of expert witnesses
• Accident recreation models

The sooner you have the right car accident attorney handling your case, the sooner they can begin gathering evidence to build your claim. You will need strong evidence to prove negligence on the part of the driver who caused the crash, as insurance companies will not easily accept their policyholder’s liability.

While some states view spouses as whole units, Texas isn’t one of them. This means that if your spouse’s negligence leaves you injured in a car accident, you can seek compensation through their car insurance provider for your full range of losses, including:

• Your medical bills, including any estimated future medical costs
• Your lost income and future lost earnings
• Your physical and emotional pain and suffering
• Your physical impairment and disability
• Any disfigurement from scars or burns

You can seek this compensation even if you share an insurance policy with your spouse, which is common practice. Your shared premiums, however, are likely to increase.

Another critical aspect of your car accident claim is proving the full extent of your losses – or legal damages. The insurance company will also require evidence to justify the amount of compensation you are requesting, and your car accident attorney might present the following:

• Your medical bills
• Your doctor’s reports regarding your injury and prognosis – as well as their account of any medical care and procedures you’re likely to require in the future
• The testimony of expert witnesses in medical fields that relate to your injuries or impairments
• Your current pay stubs, employment documents, and any additional evidence that demonstrates how your career and earnings have been affected
• Your own account of how the accident and your injuries have affected your life and career
• Your friends and loved ones’ accounts of how you’ve been affected by the accident

Insurance companies will undervalue your losses, so you need a trusted lawyer to calculate and prove the full compensation you need.

Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file your case. The deadline shifts to two years from the date of the victim's death if you are filing a wrongful death action. Failure to file a lawsuit by its statutory deadline could result in you losing your ability to file altogether. A knowledgeable car accident attorney can ensure you meet all deadlines and build a strong case on your behalf.

The experienced Texas car accident attorneys at Miller Weisbrod Olesky are committed to advocating for your rights as an injured passenger, no matter which driver was to blame. We are on your side and here to help, so please don’t wait to contact us online or call us at 888-987-0005 for more information today.

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Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.

Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.

We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Led by a formidable legal team with an extraordinary record of court verdicts and settlements in car accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.