Yes – an injured passenger can pursue a claim against any at-fault driver, and sometimes more than one. Because passengers rarely share fault for a collision, Pennsylvania’s comparative negligence rule seldom reduces their recovery. Passengers may recover medical expenses, lost wages, and pain and suffering, subject to the state’s two-year filing deadline.
You were just riding along, maybe in the passenger seat of a friend’s car or a rideshare on Lancaster Avenue, when another vehicle came out of nowhere. Now you are dealing with hospital bills, missed work, and pain from a crash you had no control over.
It is a strange and frustrating spot to be in. If you are an injured passenger trying to understand your options, the personal injury attorneys at Silver & Silver in Bryn Mawr can walk you through how this works in Pennsylvania.
A Passenger Is Usually Not the One at Fault
When two cars collide, the question of who caused it falls on the drivers, not the people riding with them. As a passenger, you generally had no say in how fast either driver was going or in the choices that led to the crash. Under Pennsylvania’s comparative negligence rule, recovery is reduced or barred by a person’s own share of fault, and a passenger typically has no share to speak of.
That same fact can also widen your options. Depending on how the crash happened, more than one driver may have contributed to it, which means a passenger can sometimes have a claim against more than one at-fault party. Sorting out who was responsible, and to what degree, takes a careful look at the police report, the scene, and the accounts of everyone involved.
How Pennsylvania’s No-Fault System Affects You
Pennsylvania is a no-fault auto insurance state, which means that after a crash, certain medical costs are typically covered no matter who was at fault. Drivers here also choose between two kinds of coverage when they buy a policy: limited tort and full tort. That choice can affect when an injured person is able to step outside the no-fault system and pursue an at-fault driver for things like pain and suffering.
For a passenger, these rules can play out differently than they do for the drivers who own the cars. Sorting out which coverage applies to you is hard to do on your own, so it helps to have someone gather the documents and explain, in plain terms, what each one means for your situation. Understanding the framework early can spare you a lot of confusion later.
What an Injured Passenger May Recover
The harm from a crash reaches well beyond the emergency room visit, and Pennsylvania law recognizes that. Depending on the circumstances, an injured passenger may be able to recover several kinds of losses, including:
- Medical expenses, from the initial treatment through ongoing care
- Lost wages and reduced future earning capacity if the injury keeps you from working
- Rehabilitation and long-term care costs
- Pain and suffering
- Property damage
Putting a full and accurate picture together takes time and attention to detail, because the cost of an injury is rarely clear in the first few weeks. Timing matters too. Most Pennsylvania injury claims carry a two-year deadline from the date of the injury, so reviewing your situation sooner rather than later gives you room to understand your options before that window narrows.
Knowing Your Rights as a Passenger After a Crash
Being hurt in a crash you had no hand in causing is unsettling, and you should not have to untangle insurance rules while you are still trying to heal. You do not have to face this alone, and getting clear answers about your rights is a steadying first step. Silver & Silver’s personal injury attorneys serving Bryn Mawr are ready to listen and explain what comes next.
For 45 years, Silver & Silver has represented injured people across Pennsylvania in personal injury cases. The firm also handles Social Security Disability matters in Pennsylvania and New Jersey. Contact us today.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
