Practice Areas Motor Vehicle Accidents Car Accidents Child and Passenger Claims

Passenger and Child Injuries in Motor Vehicle Accidents

Compensation for injuries isn’t limited to just the drivers of the vehicles involved in a car accident. Under Montana law, any passenger injured in a vehicle may also be entitled to compensation. That said, these claims tend to be more involved than other types of cases. An experienced Billings child and passenger injury lawyer can protect your rights and help you get the compensation you or your child need to rebuild your life. 

Who is Liable When Passengers are Injured? 

The threshold question in these cases is who may be liable for you or your child’s injuries. There are two main scenarios to consider here: 

1. The driver of the vehicle you were riding in is at fault for causing the accident. In this situation, you may be able to pursue a claim under their insurance policy for your injuries and other losses. These claims often involve friends or family members, so we understand that many people feel uncomfortable about pursuing these claims. However, this is why people carry insurance - not just to protect themselves but also anyone else who may be injured due to their negligence. 
2. The driver of the other vehicle caused the accident. In this case, you would pursue a claim against the driver of the other vehicle just as if you were driving. It’s important to note that you are not obligated to pursue your claim as part of the driver’s claim. In fact, it may make sense for you to retain your own lawyer so that you have control over your own claim. 

A Billings child and passenger injury lawyer can help you decide how to best pursue your claim so that you can get whatever compensation you are entitled to for your trauma. 

Other Potential Parties That May Be Liable for the Montana or Wyoming Car Accident 

Of course, you or your child may be injured due to causes other than a driver’s negligence. Other parties that may be liable for your accident can include the following: 

• The driver’s employer - If you were injured in a taxi or ridesharing accident, you may have a claim against the company the driver works for. This also applies if the other driver that caused the accident was driving as a part of their job, such as a truck driver. 
• Vehicle manufacturer, dealership, or mechanic - The accident may have resulted from a vehicle defect or a failure by the dealership or mechanic to make adequate repairs. In these situations, you may have a claim against these parties regarding their defective products or their negligence in making subpar repairs to the vehicle.  This also includes injuries to your child caused by a defective child safety seat. 
• Negligent cyclists and pedestrians - Some accidents result from trying to avoid a careless cyclist or pedestrian. Injuries to passengers can also occur when the accident involved a cyclist or pedestrian. In these situations, you may be able to pursue a claim against the person responsible. 
• Government entities or contractors - Poor signage, unsafe road conditions, and other hazards can easily lead to an accident. If you have been injured due to a road defect, you may be able to pursue a claim against the government or their contractors.  

Contact a Billings Child and Passenger Injury Lawyer Today

Billings passenger and child injury lawyer Jim Ragain has decades of experience helping injured passengers and children get the compensation they deserve. To discuss your case with someone who can get results, contact us today at 406-651-8888 to schedule a free consultation.