If you’re injured as a driver in an auto accident, then you have to worry about whether you shared fault in the accident and more when pursuing a personal injury claim. But what about if you’re injured as a passenger in an auto accident? Whose insurance do you file a claim with? Can passengers share fault in an auto accident? What are your options?

Here are some basics about liability as a passenger in an auto accident. As with all of our blogs, this isn’t legal advice, but basic information that may or may not be applicable to you. For legal advice, you will need to schedule a consultation with a personal injury attorney near you. 

Who Do You File A Claim With If You’re Injured As A Passenger?

If you’re a driver, then dealing with the aftermath of an auto accident may be more clear-cut, depending on the circumstances. But if you’re a passenger, you may be at a loss, especially if it’s found that you didn’t share liability in the accident. Do you file a claim with the driver’s insurance? What about the other driver? Or do you stick with your own?

Especially in circumstances where the driver of the vehicle you were a passenger in was close to you, you may be reluctant to file a claim through their insurance, even if they were at fault for the accident, for fear of causing bad blood.

Whose insurance you file a claim with if you’re injured as a passenger in an auto accident will depend on the circumstances of the accident. You can file a claim with your own insurance, with the driver’s insurance, and/or with the other driver’s insurance. Depending on the circumstances of the accident, other parties may be involved. An attorney would be able to help you determine the best course of action for you.

Can A Passenger Be Liable In An Auto Accident?

Yes, there are circumstances in which the other people in the car played a role in the accident. Perhaps the driver was trying to stay focused on the road, but passengers were being rowdy or trying to antagonize them.

Some of the ways in which a passenger may be liable for or share liability in an accident include the following.

• Encouraging or enabling the driver. This can include forcing a fatigued or intoxicated driver behind the wheel as well as pressuring the driver to engage in or egging on dangerous behavior.
• Distracting the driver. The driver’s primary focus should be on the road. However, passengers may distract the driver through rowdy behavior, fighting, trying to show the driver something on their phone, and more.
• Trying to control the car. If the passenger tries to control the car, such as by grabbing the steering wheel or pushing on the brake or gas pedals, they can be liable for an accident.
• Giving the driver incorrect information. This includes intentionally failing to notify the driver of road hazards as well as situations like telling the driver it’s safe to back up when there’s actually a car going by.
• Coercing the driver into taking drugs and/or alcohol. The driver shouldn’t take these things if they know they are going to be driving, but people shouldn’t try to force them to if they know the person will be driving either.

These are a few cases in which a passenger can be at least partially liable for a car accident. 

What Happens If A Passenger Shares Liability In An Auto Accident?

If a passenger is found to have liability in an auto accident, then there are cases in which the other parties involved, such as the driver, the other driver, and others involved in the accident may be able to recover damages from the at-fault passenger.

Have You Been Injured As A Passenger In An Auto Accident?

If so, schedule a case consultation with a personal injury attorney, such as the experts here at LeBaron & Jensen. If you’ve been injured due to someone else’s negligence, we can help you recover the damages due to you. Contact us today to schedule your free case consultation and let us see what we can do for you.

While the first bus injuries that come to your mind may be associated with accidents like if a bus gets hit by or hits another vehicle, people can also suffer injuries when boarding or disembarking a bus. 

Here, we’ll go into some of these bus injuries, how they can occur, some preventative measures you can take, and what you should do if you’ve been injured when boarding or disembarking a bus. Let’s get into it. 

Are Bus Injuries More Severe?

Injuries resulting from bus accidents can be more serious than injuries from other types of accidents, depending on the circumstances of the accident. For example, the size and weight of the bus itself, as well as the fact that buses typically carry more people than passenger vehicles, are some factors that can increase the severity of an accident.

What Causes Bus Accidents?

Bus accidents can occur for all sorts of different reasons. Three common factors contributing to bus accidents include: driver error, mechanical failure, and external factors. A driver may not be as observant as they should be, the bus may not be well-maintained, or other drivers or factors like poor road conditions can all cause bus accidents.

As buses are usually slower than other traffic and on the road during rush hours, other drivers may not have the necessary patience to handle being around buses, which can result in reckless, dangerous behavior. However, bus drivers can also be careless, such as when they are fatigued or simply not focused enough. Sometimes, even if everyone on the road is being as mindful and careful as possible, weather conditions, such as ice on the roads, can lead to accidents.

What Causes Injuries While Boarding Or Disembarking A Bus?

Most injuries people suffer while boarding or disembarking a bus are minor, consisting of scratches and bruises, such as from roughhousing young people. Such minor injuries are usually nothing noteworthy. However, aside from horsing around, some other factors that can result in injury while boarding or disembarking a bus include:

• Slips and falls
• Sudden stops and turns on the bus
• Lack of consideration for passenger safety
• Reckless maneuvers
• Missing or broken handrails
• Malfunctioning doors
• Wet, slippery stairs/platforms
• Broken pavement or curbs
• Broken stairs
• People attempting to get on the bus before passengers have finished getting off
• The bus driver leaving before people have finished boarding
• And more

All of these and more can take something simple, like getting on and off a bus, into something hazardous. The bus driver and the parties responsible for maintaining the bus are responsible for ensuring that getting on and off the bus is as safe as possible. People must also exercise common sense and basic courtesy to others in order to reduce the risk of injury. 

What Injuries Can You Suffer When Boarding Or Disembarking A Bus?

You can suffer all sorts of injuries. While minor injuries, such as scrapes and bruises, are most common, if the incident was serious enough to qualify for a personal injury claim, more severe injuries can occur, such as brain injuries, broken bones, and even death in the worst case scenarios.

Who Is Liable For Injuries From Getting On Or Off A Bus?

Depending on the circumstances of your injury while getting on or off a bus, you may or may not be able to pursue legal action. In order to take legal action, it would need to be proven that someone else’s negligence led to your accident. Multiple parties can be found responsible, as well.

If the bus driver started driving before you were finishing getting on or off of the bus, then they may be found liable, as can their employer. If the bus itself had issues, such as missing handrails, and the company didn’t repair the problem in a timely manner, the company could be held liable. If broken pavement contributed to the accident, a government agency may be liable. If another person pushed you, they could be liable.

In order to sort out liability in your specific circumstances, you will need to work with a personal injury attorney. It may not always be clear who was liable, or if multiple parties were liable.

Tips For Avoiding Injury While Getting On Or Off Of A Bus

While you cannot control what others do, there are some actions you yourself can take in order to make your public transportation experience a bit safer. Some of these actions are as follows:

• Getting to the bus stop early, so as to avoid rushing
• Waiting until the bus has come to a complete stop and opened its doors before approaching it
• Waiting until all passengers have gotten off of the bus before attempting to get on
• Being mindful of your step and the conditions, such as if rainy weather may have contributed to slippery stairs
• Not getting out of your seat until the bus has come to a complete stop
• Moving away from the bus to the sidewalk and waiting for the bus to depart before trying to cross the road
• And more

These are but a few of the ways in which you can be more mindful, which can help keep everyone safer.

Have You Suffered Injuries While Getting On Or Off Of A Bus?

If so, you may have a personal injury case on your hands. Consulting with a personal injury attorney will let you know whether or not you can make a claim. If so, they will focus on obtaining justice for you so that you can focus on healing from your injuries.

LeBaron & Jensen provides personal injury representation. Contact us today to schedule a free case consultation and let us see what we can do for you.

Being in an accident ruins your day under normal circumstances, but when it’s a hit and run, it’s even worse. If you’ve been victim to a hit and run accident, you may wonder what your options are. Can you even pursue a personal injury case? Can justice be achieved? Can you receive damages?

You’ll want to talk to a lawyer in order to receive legal advice pertaining to your situation, but here is some general information about hit and run accidents and various options that may be available to you. 

What Is A Hit And Run Accident?

As it sounds, a hit and run accident is when one person accidentally hits another and flees the scene instead of staying as you are supposed to. Running can happen when people give into the flight impulse, when they were already doing something they weren’t supposed to, and for other such reasons. 

There are a couple different types of hit and run accidents.

• Misdemeanor. Misdemeanor hit and runs are when someone damages the other person’s property. In circumstances such as hitting a parked car, it’s generally advised to leave a note with your information on the car’s windshield if you cannot locate the owner.
• Felony. Felony hit and runs are when the accident results in injury or death to someone else.

Sometimes, people may not realize that they hit something. In order for a circumstance to be a hit and run accident, it must be proven that the other driver knew they caused property damage and/or physical harm, and fled the scene purposefully, rather than staying to exchange information. 

Can You Pursue A Case If The Other Party Ran?

If the person who hit you ran after the accident, you may wonder whether or not you can still pursue a case. This would depend on the circumstances of your case, which only a legal expert would be able to tell you. Even if it was a hit and run, you could share fault with the person who hit you. 

In order to pursue a case against the other driver, you will need enough information. Some things you’ll want to take note of include:

• The license plate, even if only partial
• The make, model, and color of the vehicle
• Identifying characteristic of the other driver
• The direction the car fled
• Any damage resulting from the accident

If you don’t have enough information, you’ll have to rely on other means to get compensation. If the other driver is never found, the accident may be treated as an uninsured motorist by your insurance. Some other coverage you may be eligible for if you are victim to a hit and run include health insurance, collision coverage, crime victim reparations, and more.

What Do You Do After A Hit And Run Accident?

The aftermath of being in a hit and run accident is very similar to the aftermath of being in a typical accident. However, rather than being able to exchange information with the other party, you have to try to recall as many identifying details as possible so that the appropriate officials can try to track the person who hit you down. 

If you’ve been in an accident, you will want to take the following steps, provided that you are in good enough condition. Depending on the accident, all you may be able to do is wait for medical assistance. 

1. Do not pursue the other vehicle. You may be tempted to give chase, but high-speed pursuits should only be done by law enforcement officers as required. Focus on getting identifying details instead.
2. Call the police. This establishes a record of what happened.
3. Take photos. The more photos and other such evidence that you have detailing the conditions around your accident, the better. Photos can be very helpful when proving fault.
4. Find witnesses. Witnesses are always good to have in an accident, but this is especially true in the case of a hit and run. Witnesses will be able to tell the police what they saw happen.
5. Get medical treatment. You may feel fine after an accident due to the adrenaline pumping through your veins. Over time, though, injuries can reveal themselves. Even if you think you’re fine, seeking medical treatment establishes records that can link any injuries you sustained to the accident.
6. Talk to a personal injury attorney. They will be able to tell you whether or not you have a case on your hands and be able to provide you with expert legal advice. If you do have a case, lawyers can utilize the resources available to them to reconstruct the accident, track down possible suspects, and advise you on how to navigate the situation going forward.

Do You Need A Personal Injury Attorney?

If you’ve been victim to a hit and run accident or another type of accident, the experienced personal injury attorneys here at LeBaron & Jensen are here to help. We provide free case consultations and if you do have a case that we agree to take on, we don’t charge you anything until we win your case for you.

To learn more about the representation we can provide or to schedule a case consultation, please don’t hesitate to contact us today. We’re here to ensure that our clients receive the compensation they deserve.