If you were injured as a passenger in Louisiana, you may be facing expensive medical bills, missed work, pain, and pressure from an insurance company. You were not driving, but that does not always make the claim simple. A passenger injury case may involve the driver of the vehicle you were riding in, another driver, more than one insurance policy, or uninsured motorist coverage.

Passenger Injury Accidents in Louisiana

Passenger injury crashes can happen anywhere. Whether the crash involved speeding, distracted driving, drunk driving, failure to yield, or a multi-vehicle collision, you may have the right to seek compensation if someone else's fault caused your injuries under Louisiana Civil Code Article 2315.

Who May Be Responsible for Your Injuries?

As a passenger, you usually did not cause the crash. Depending on the facts, you may have a claim against the driver of another vehicle, the driver of the vehicle you were riding in, or more than one driver. Louisiana Civil Code Article 2323 applies comparative fault. This means the percentage of fault may be assigned to each person who caused or contributed to the injury, death, or loss. If more than one driver caused the crash, fault may be divided between them.

Louisiana Revised Statutes § 22:1295 governs uninsured and underinsured motorist coverage. This coverage may apply if the at-fault driver had no insurance or did not have enough insurance to cover your losses.

Compensation You May Recover After a Passenger Injury

If you were hurt as a passenger, you may be able to seek compensation for medical expenses, future medical care, lost wages, reduced earning capacity, pain and suffering, emotional distress, and other crash-related losses. The value of your claim depends on your injuries, medical treatment, recovery time, work restrictions, and available insurance coverage. Keep your medical records, accident report, photos, witness information, and insurance letters.

Seat Belt Issues in Louisiana Passenger Injury Cases

Louisiana Revised Statutes § 32:295.1 generally requires occupants of covered vehicles to wear safety belts while the vehicle is in forward motion. In the past, if you were not wearing a seat belt and were involved in an accident, that fact could not be used against you to reduce your compensation. However, in 2021, the law changed; and now not wearing a seatbelt can be used as a defense against a claim for damages.

Louisiana Passenger Injury Lawyer

If you were injured as a passenger in Louisiana, you deserve clear answers before giving statements, signing forms, or accepting a settlement. Attorney Delsa can review the crash, identify available insurance coverage, and explain your legal rights and options. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation.