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The Rights of Passengers in New Jersey Motor Vehicle Accident Claims

Can You Sue More than One Driver? What about Single Car Accidents?

The Rights of Passengers in New Jersey Motor Vehicle Accident ClaimsYou’ve been hurt in a car, truck or motorcycle accident in New Jersey. Maybe it was a collision where the facts indicate that both drivers had some degree of fault. Maybe it was a single-vehicle accident. What are your rights as a passenger? Can you bring a lawsuit for damages against both drivers in a collision? Can you sue the driver of your vehicle if there was no other motorist involved?

Your Rights as a Passenger in New Jersey

In New Jersey, most personal injury claims are based on a legal theory of negligence. To succeed with such a claim, you must show the following:

  • The defendant (person you are seeking compensation from) failed to act as a reasonable person would under the circumstances
  • That failure to act reasonably caused the accident
  • You suffered actual losses as a result of the accident/your injuries

If you can show that more than one person failed to act reasonably and caused the accident, you can recover damages from all liable parties. That means you can bring a lawsuit against the driver of your vehicle and the driver of the other vehicle.

What If the Driver Was a Family Member?

What if you were a passenger in a vehicle driven by a spouse, parent or other family member? Can you still file a lawsuit for damages if the at-fault party was related to you?

There is nothing to prohibit you from seeking compensation from a family member after a car accident. As a practical matter, your losses will typically be covered by an insurance policy. Accordingly, it’s not as if you are asking your loved one to pay for your losses out of pocket.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

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