When a car crash makes headlines, the focus often centers on the drivers involved. Yet, passengers — who have no control over the vehicle — frequently bear the brunt of the injuries. In fact, in 2023, nearly 41,000 people lost their lives on U.S. roadways, which highlights the ongoing risks all vehicle occupants face.
But what happens if you’re injured as a passenger in a car accident? Can you file a car accident injury claim? Yes — and you absolutely should.
Whether you were riding with a friend, family member, or in a rideshare, you have the legal right to pursue compensation for your injuries. At Midwest Injury Lawyers, we assist clients across Illinois, Wisconsin, and Indiana and make sure injured passengers understand their rights and options.
In this article, we’ll delve into the steps passengers should take post-accident, the types of compensation available, and how an experienced car accident attorney can support you through the claims process.
Can Passengers File Car Accident Injury Claims?
Yes — passengers have the clear legal right to seek compensation after a car accident.
When you’re sitting in the passenger seat, you aren’t controlling the wheel. That means you’re almost never considered at fault when a crash happens. Whether the driver of your car caused the accident, another driver was responsible, or multiple parties were involved, you have a legal path to recover damages for your injuries.
So, what can you claim? Passengers can typically seek compensation for:
- Medical expenses — from emergency room visits to long-term physical therapy.
- Lost wages — if your injuries force you to miss work or reduce your hours.
- Pain and suffering — to account for physical pain, emotional distress, and the overall impact on your quality of life.
Even if you’re unsure where fault lies, your rights as a passenger are strong. The key is knowing how to get through the tricky car accident claims process — and that’s where an experienced lawyer comes in.
Who Can Passengers File Claims Against?
As a passenger, you have multiple potential claims — and it’s rarely limited to just one party. Here’s who may be liable:
The Driver of the Vehicle You Were In
If the person driving your car caused the crash through speeding, distraction, or reckless behavior, their insurance may cover your injuries. Even if they’re a friend or family member, you have the right to file a claim.
The Driver of the Other Vehicle
When another driver’s negligence led to the accident — whether through a lane change, failure to yield, or drunk driving — you may file against their insurance policy for compensation.
Third Parties
Sometimes, it’s not just the drivers. A vehicle manufacturer could be responsible if a defective part played a role, or a city or municipality might be liable if poor road maintenance or dangerous conditions contributed to the crash.
And What About Comparative Negligence?
Illinois, Wisconsin, and Indiana follow comparative negligence rules. This means even if multiple parties share fault, you, as the passenger, can still recover damages. The key is having an experienced attorney who knows how to investigate fault, calculate damages, and pursue claims against all responsible parties.
Common Passenger Injuries After Car Accidents
Medical documentation is one of the most important parts of any passenger injury claim. Even if you feel “okay” after a crash, getting checked by the medical team at the scene and seeing a doctor as soon as possible protects both your health and your legal rights.
Medical records create the paper trail that links your injuries to the accident — without them, it’s much harder to build a strong case and get the driver’s insurance company to cover medical expenses.
So, what kinds of injuries are common in passenger claims?
Whiplash and Soft Tissue Injuries
The sudden jolt of a crash can strain your neck, back, and shoulders, leading to whiplash or other soft tissue damage. These serious injuries can take hours or even days to appear, making early medical evaluation essential.
Broken Bones
Passengers are often thrown against seat belts, dashboards, or windows, resulting in fractures. Broken arms, legs, ribs, or pelvis bones can require surgery and extended physical therapy.
Head Injuries and Traumatic Brain Injuries (TBI)
Direct impact or violent shaking of the head can cause concussions or more severe brain injuries. Symptoms might be subtle at first — like headaches or difficulty concentrating — but can worsen over time if untreated.
Emotional or Psychological Distress
Not all injuries are visible. Passengers may experience trauma, anxiety, depression, or PTSD after a serious accident. These emotional injuries are just as real and may need counseling or therapy.
Steps Passengers Should Take After an Accident
If you’ve been a passenger in a car accident, the steps you take next can make or break your injury claim. Here’s what to do — and why each step matters.
Step 1: Seek Medical Attention Immediately
Even if you feel fine, get checked by the medical staff that arrives with the authorities on the scene, then make an appointment with your doctor as soon as possible. Some injuries, like whiplash or concussions, don’t show symptoms right away. Medical teams are trained to spot the early signs of these injuries.
Prompt medical care protects your health and creates records that link your injuries to the accident.
Step 2: Document Injuries and Gather Evidence
Take photos of your injuries, the accident scene, and the vehicles involved. Collect names and contact information for witnesses for the accident report.
Keep copies of all bills, medical treatment notes, and related expenses — these will help build a stronger claim.
Step 3: Avoid Giving Statements to Insurers Without Legal Guidance
Insurance companies may contact you quickly, asking for a recorded statement.
Be cautious. What you say can affect your claim, and insurers are focused on minimizing payouts. Always speak with a lawyer before engaging with insurance adjusters.
Step 4: Contact a Car Accident Attorney Promptly
An experienced personal injury attorney can assess your case, handle communications with insurance companies, and pursue and receive the compensation you deserve.
Acting quickly preserves evidence and helps meet legal deadlines.
How a Car Accident Lawyer Helps Passenger Injury Claims
Handling a passenger injury claim on your own can feel overwhelming — especially when you’re recovering from injuries. That’s where a skilled car accident lawyer steps in.
Identifying Liable Parties
Motor vehicle accidents aren’t always straightforward. A personal injury lawyer investigates the details to figure out who’s at fault — whether it’s one driver, both drivers, or even a third party like a vehicle manufacturer or municipality.
Negotiating With Multiple Insurance Companies
In many cases, more than one insurance coverage policy is involved. Your attorney manages negotiations across the board, making sure you’re not shortchanged by insurers looking to minimize payouts.
Calculating Fair Compensation
Your case is not just about today’s medical bills. A good lawyer calculates the full scope of your damages — including long-term medical costs, lost earning potential, emotional suffering, and future care needs.
Handling Legal Deadlines and Filings
Each state has strict deadlines (called statutes of limitations) for filing injury claims. Your lawyer keeps track of every legal detail, so nothing slips through the cracks.
Why Local Experience Matters
Every state has its own legal nuances. A Chicago car accident lawyer or a local attorney familiar with Illinois, Wisconsin, and Indiana law knows how to navigate local court systems, auto insurance practices, and comparative negligence rules to get you the best outcome.
Your Next Move Matters, Make It Count
Being a passenger in a car accident can leave you feeling powerless — caught in a situation you didn’t cause but now have to navigate. It’s not just about the injuries, the bills, or the lost wages. It’s about reclaiming your sense of control and making sure your recovery isn’t left to chance.
You deserve a legal team that sees you not just as a case, but as a person — someone with real needs, real worries, and a real future to protect. That means clear answers, sharp legal strategy, and a plan designed around you.
Turn Uncertainty Into a Plan with Midwest Injury Lawyers
At Midwest Injury Lawyers, we believe that no one should face this process alone. With deep experience across Illinois, Wisconsin, and Indiana, our team understands the laws, the courts, and the strategies that lead to fair outcomes for injured passengers. We’re here to listen, guide, and fight for the compensation you deserve.
If you were injured as a passenger in a car accident, don’t wait. Take the first step toward protecting your future. Contact us today for a free case evaluation!