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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

Can a Passenger Sue a Driver in an Accident?

Frequently Asked Questions - Can a Passenger Sue a Driver in an Accident?
Can a Passenger Sue a Driver in an Accident?

Whether it be a fender bender or a serious crash, being involved in an accident is stressful.  Being involved in a car accident as a passenger, with no control over the situation, is probably even worse.  Most people involved in accidents are unaware of their rights and often times find themselves hurt and confused as to what their next step may be.  Fortunately, we are here to tell you that passengers have rights too and can sue the driver(s) that is deemed liable for the crash. Though these claims can at times be tricky they are still eligible for different types of compensation for damages caused as a result of the crash.

The first step in these types of instances is reporting the incident by filing a claim with both or all of the drivers insurance companies.  Depending on your relationship to the driver of the vehicle you were in this could rustle some feathers, however, it is important to understand that you are essentially filing a claim against the insurance company not the driver directly.  Often time’s passengers in a vehicle are friends of the drivers and believe if they pursue a claim for damages that it is against their friend directly.  All claims that are pursued through the insurance of the driver and or owner of the vehicle you were in.  In other words none of the compensation received would ultimately come directly out of the driver/owners pocket, rather from their insurance company.

From here it is in the hands of the insurance company.  Each insurance company will proceed with their investigation to determine who is at fault for the crash.  Throughout this process you can expect insurance adjusters to ask for evidence of any kind to help aid in their investigation.  Including but not limited to photos of the damage to the vehicles and formal or informal statements from each involved party depicting the details of the crash.  Once liability is determined the passenger then knows which insurance will be the one legally liable for compensating him/her for their damages.  The good news is a passenger in a vehicle will likely never be deemed at fault for the crash, for obvious reason.

Once liability is accepted the passenger can then continue the process with the at fault party’s insurance company.  They will be eligible for different types of compensation such as lost wages, pain and suffering and medical expenses.  This, of course, is a simple scenario where two vehicles are involved and liability is determined quickly and straightforward.  In many instances however, it can be tricky to determine liability and insurance companies could go back and forth for some time before making a final determination.

For example, when multiple vehicles are involved in a collision it may become more difficult for the insurance company to pin point liability on just one vehicle.  At times there could be a determination that results in partial liability among multiple vehicles.  In these types of cases the passenger of the vehicle could ultimately be entitled to compensation from multiple insurances.  Scenarios like these are common but the important thing to understand is no matter how complicated, a passenger is still entitled to compensation for their damages.  Being a passenger and not a direct cause of an accident does not make the injuries suffered any less severe. 

Although this process could take time and become frustrating passengers that are injured can still receive the medical care they need by filing a claim under their own insurance for personal injury protection coverage.  In the state of Florida it is mandatory to carry this coverage if you are a registered owner of a vehicle.  The point of this coverage is to essentially pay a portion of your medical bills so that you can still get the care you need without having to pay out of your own pocket.  Personal injury protection coverage or PIP is not determined based on liability it is essentially there to cover medical expenses as a result of any loss whether it be your fault or not.  If the passenger filing for PIP coverage does not own a vehicle of their own they could also file for this coverage under the driver or owner of the vehicle they were in at the time of the crash.

One of the trickiest parts in this process comes during settlement.  Once the insurance companies have deemed who is at fault and the passengers continue pursing their claims they will reach a point where settlement should be considered.  In a simple two vehicle accident there will likely be a settlement arising to all injured parties from the at fault vehicles insurance policy.  This, of course, can become complicated when multiple passengers are involved in a car accident and or have sustained damages or injuries.  Insurance companies typically only carry a maximum amount of monies available to recover for all injured parties involved.  If multiple passengers suffer significant injuries that involve high medical expenses and serious damages a law suit may need to be filed against the at fault driver for full recovery of the damages of the injured passenger.

Accidents are something no one ever plans to be involved in, especially as a passenger.  We always hope and entrust in the driver to get us to our destination without incident, unfortunately, that is not always the case.  In these instances we at Trial Pro, P.A. highly recommend always seeking a consultation with one of our experienced Trial Pro, P.A. Auto Accident attorney’s.  Our staff is composed of highly trained attorneys that can help guide you in the right direction throughout this difficult time.  We offer free consultations and combined have gathered enough experience to accurately assist and answer any questions or concerns you may have.  We recognize that auto incidents can be life-altering and being a passenger involved in such a situation can be detrimental to ones way of life, which is why we at Trial Pro, P.A. strive to help you in a professional and dedicated manner through out every step of the way. 

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Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you cannot travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

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After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.
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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
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It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.
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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

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250 N Orange Ave, 14th Floor
Orlando, FL 32801
help@trialpro.com
(407) 300-0000


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The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.