What some people may not realize is that when a car accident happens, there doesn't have to be two cars involved to file a personal injury lawsuit. Passengers can also sue the drivers of the vehicles they are in if they suffer serious injuries in a car accident. Just like with other motorists on the road, the driver is responsible for doing everything possible to prevent a crash.
Unfortunately, many drivers don't take this responsibility seriously and will drive recklessly with passengers in the car. If they cause a crash, they can then be held liable for any injuries, lost wages, pain and suffering and more the passenger may experience. Moreover, a driver may need to pay surviving family members if he or she causes a fatal motor vehicle crash.
At the end of last month, a driver was apparently driving recklessly when he lost control of his vehicle and smashed into a utility pole in the town of Maine in Broome County. His passenger was seriously injured and admitted to the hospital with life-threatening injuries. The driver was killed in the accident.
New York State Police are investigating the accident, but officers believe that alcohol and speed were likely both factors in the crash.
While the woman who was injured in the crash is likely still fighting to recover, it doesn't mean that she may not be thinking of filing a personal injury lawsuit. The main difference between this situation and other serious car accidents is that she will need to file against the driver's estate instead of against the driver himself.
Source: WBNG News, "One dead, one seriously injured in car accident," Anna Norris, May 31, 2014