When you’re injured in a car accident as a passenger, one question often comes first: Who is responsible for my injuries?
You weren’t driving. You didn’t cause the crash. But you may still be facing medical bills, lost income, pain, and a long recovery. In South Carolina, passengers may have legal options after a crash, but determining who may be responsible depends on how the accident happened and who contributed to it.
At KJW Law Firm, we represent individuals and families throughout South Carolina in serious personal injury cases. If you’ve been injured as a passenger, understanding how liability works is an important first step.
You Don’t Have to Be the Driver to Have a Claim
A passenger injured in a crash may be able to pursue a claim against a negligent driver.
For example, if the driver of the vehicle you were riding in caused the collision through negligent or reckless driving, that driver’s insurance may become relevant to your injury claim.
If another driver caused the crash, you may instead have a claim against that driver.
And sometimes, more than one party may share responsibility.
South Carolina law allows fault to be apportioned among multiple parties when their conduct contributed to the same injury.
What If the Driver Was Someone You Know?
This is where passengers sometimes hesitate.
The driver may be a:
- Friend
- Family member
- Spouse
- Coworker
- Roommate
You may not want to take legal action against someone you know.
But a personal injury claim is generally directed at the person or entity legally responsible for the accident and may involve available insurance coverage. Seeking legal advice does not automatically mean you are personally pursuing your friend or family member.
The important question is who was legally responsible for causing the crash and what insurance coverage may apply.
What If the Other Driver Caused the Crash?
If another driver caused the accident, a passenger may be able to pursue a claim against that driver’s insurance.
This can become more complicated when multiple vehicles are involved or when the drivers disagree about who caused the collision.
Evidence such as the crash report, photographs, witness statements, vehicle damage, surveillance footage, and medical records may help establish what happened.
What If the Driver Was Intoxicated?
If you were injured while riding with a driver who was impaired, the circumstances of the case become particularly important.
South Carolina law contains a specific guest statute addressing passengers transported without payment. Under S.C. Code § 15-1-290, a passenger generally does not have a cause of action against the vehicle owner or operator for an accident unless the accident was intentional or caused by the driver’s heedlessness or reckless disregard of the rights of others.
That means the facts surrounding the crash matter.
If alcohol or drugs were involved, there may also be additional questions about other potentially responsible parties and applicable insurance coverage.
What If You Weren’t Wearing a Seat Belt?
Not wearing a seat belt does not necessarily mean you have no claim.
South Carolina law provides that contributory negligence does not automatically bar recovery in a motor vehicle accident when the passenger’s negligence is equal to or less than the negligence that must be established against the party being sued.
However, questions about your own conduct and the cause or extent of your injuries can still become part of a case.
That’s another reason not to assume you know who is responsible, or that you have no legal options, without looking at the specific circumstances.
Your Injuries May Be More Serious Than They First Appear
Passengers can suffer many of the same injuries as drivers, including:
- Traumatic brain injuries
- Spinal injuries
- Broken bones
- Internal injuries
- Burns
- Soft-tissue injuries
- Permanent disabilities
Some injuries may not be immediately obvious after a crash.
If you’re experiencing pain or other symptoms after an accident, seek medical attention and follow your doctor’s recommendations. Medical documentation can also become important evidence if you later pursue a claim.
What Should You Do After Being Injured as a Passenger?
After a serious crash, focus first on your health. Then, preserve information that may help establish what happened.
Keep:
- Medical records and bills
- Photos of your injuries
- Photos of the vehicles and crash scene
- Insurance information
- The accident report
- Witness contact information
- Records of missed work
Avoid assuming that the insurance company will determine fault fairly on its own. Insurance companies have their own interests to protect, and determining liability may require a more thorough investigation.
Talk to a South Carolina Personal Injury Lawyer
Being a passenger does not mean you have to simply accept whatever happens after a crash.
The driver may be responsible. Another driver may be responsible. More than one party may have contributed to the collision. The circumstances surrounding the accident, and South Carolina law, will determine what claims may be available.
At KJW Law Firm, we represent injured individuals and families throughout South Carolina in serious personal injury and civil litigation matters. We take the time to understand what happened, identify the parties who may be responsible, and help clients understand their legal options.
If you were injured while riding as a passenger, contact KJW Law Firm to discuss your situation.
