What To Do If You Were Injured as a Passenger in a Car Crash in Oklahoma

When you’re involved in an accident, you probably have at least some sense of what you’re supposed to do if you’re the one behind the wheel. But what happens when you’re riding as a passenger caught in the crossfire? Being a passenger in a crash can be just as frightening and dangerous as being a driver.

The truth is, passengers are just as vulnerable to physical, emotional, and financial harm as anyone else involved in a crash. If you’ve had your health and safety compromised by another driver’s negligence or recklessness, you deserve to have your voice heard. Here’s an in-depth look at what you can do after an accident to help you recover compensation even if you weren’t the one driving during the crash.

First steps: what to do immediately

The moments immediately following a car accident are often marked by fear and uncertainty. Many accident victims experience varying degrees of shock following a crash and may struggle to make decisions about how to proceed. Here is a quick list of the most important things you should do immediately following a crash:

• Assess for injuries: No matter what your role is in an accident, your first priority should always be ensuring your safety and the safety of those around you. You should immediately check yourself for any obvious signs of injury and attempt to render aid to any other vehicle occupants who may require assistance.
• Call 9-1-1: If you or anyone else is injured in the crash, you should call 9-1-1 as soon as possible to request emergency services.
• Document the scene: If you’re able to do so safely, you should move quickly to take photos or videos of any injuries you suffered or of any property damage or safety hazards you think might be relevant to your experience.
• Talk to witnesses: If anyone else witnessed the accident, you should consider talking to them and exchanging information in case you need to call on them later to support your version of events.
• Avoid making any bold statements: Anything you say right after the crash could later be used against you, so it’s better to keep your thoughts to yourself until after you’ve had a chance to consult with a car accident attorney.

One important note about physical injuries – just because you feel okay at the scene does not automatically mean you’re in the clear. Many common car accident injuries develop or worsen over time, and sometimes the shock of a crash can actually prevent you from feeling the full extent of your physical pain.

Regardless of how you feel, you should always take steps to visit a medical provider as soon as possible after your crash. In addition to ruling out any invisible injuries and helping you prevent potential health complications, seeing a doctor early on can help you build a paper trail that speaks to the true impact of your crash.

Who can be held liable for my injuries?

The good news is that passengers are rarely found primarily at fault in car accident cases. The bad news is that plenty of other parties may be deemed responsible, which can make it difficult to pinpoint liability. Thankfully, the drivers involved in your accident will likely do a lot of the legwork for you, and their insurers will play a significant role in evaluating fault during the claims process.

Here are a few examples of parties who could be deemed responsible for a crash and subsequently expected to compensate you for your injuries:

• The driver of the vehicle you were in: This can be hard for some passengers, particularly if the driver was a close friend or family member. But if the person driving you was distracted, impaired, or in violation of traffic laws, their insurance policy may be responsible for paying out your claim.
• Another involved driver: If another driver caused your accident-related injuries, you can pursue compensation from that driver’s insurer.
• A third party: Sometimes, other parties bear or share responsibility for car accidents. For example, commercial trucking companies, rideshare services, and government agencies can be held responsible if their negligence directly led to an accident.

One more thing – if the at-fault driver involved in your accident is uninsured or underinsured, you may be able to file a claim with your own insurance company by way of your uninsured/underinsured motorist coverage.

No matter what, it’s important that you’re able to show another party’s negligence or recklessness directly caused your crash and that your injuries were the result of those actions. While the drivers involved in your accident will likely file their own claims to get the ball rolling, you’ll still bear responsibility for filing your own claim and providing your own supporting evidence and documentation.

What compensation can I recover?

The kinds of compensation available to accident victims remain the same regardless of whether the injured party was the driver or the passenger. In Oklahoma, this typically means injured passengers can pursue compensation for a variety of economic and non-economic damages, including:

• Hospital bills
• Prescription costs
• Rehabilitation expenses
• Future care costs
• Lost wages
• Reduced capacity to work
• Long-term disability
• Pain and suffering
• Emotional distress
• Therapy costs

Please understand that every claim is different, and your recovery will ultimately depend on the severity of your injuries and the amount of insurance coverage available. If the value of your losses exceeds the amount of insurance money available, you may need to pursue additional legal action to recover the difference.

This is one of those times when an experienced car accident attorney can be an invaluable asset in your case. In addition to helping you build a strong claim and calculate the full value of your losses, your attorney can help you weigh all available legal options and decide on which course of action is most appropriate in your case.

Potential challenges for injured passengers

If you’ve been injured as a passenger in a motor vehicle accident, you might have to clear a few unique hurdles during the claims process. First, some cases involve multiple liable parties, which can pose serious difficulties when it’s time to assess each person’s level of responsibility. Sometimes, conflict between these parties can drag out determinations of fault and lead to delayed settlements.

The involvement of multiple parties can also reduce the amount of compensation available for survivors. Each party is typically responsible only for their proportionate share of fault. Keep in mind that Oklahoma uses a modified comparative negligence system when assessing liability in car accidents. That means, in general, your compensation is reduced by your percentage of fault, but if you are more than 50% at fault, you can’t recover damages.

This can further complicate the process of divvying up damages and leave victims walking away with less compensation than they deserve. If you find yourself in this situation, it’s important to consult with an attorney who can help you identify all potential sources of liability in your crash and help you maximize the value of your claim.

Final thoughts

It’s easy for passengers to feel helpless and forgotten in the wake of a serious car accident. With so much attention focused on determining fault, calculating drivers’ damages, and negotiating with insurance companies, it’s no wonder many injured passengers assume there’s no legal recourse available to them.

In reality, however, there are legal options to help you recover compensation, and professionals standing by to support you in your efforts. At Cunningham & Mears, our experienced, compassionate team is committed to helping accident victims advocate for their rights and fight for fair compensation under Oklahoma law.

If you or someone you know was injured as a passenger in a car accident, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We can talk you through your options and provide you with the resources and information you need to take back control after your crash.