PASSENGER’S CLAIMS AGAINST DRIVERS OF SAME VEHICLES IN WHICH THEY ARE HURT

Not all auto accidents involve another automobile. In many cases, there is only one vehicle involved.
This is called a “single vehicle accident.” the driver of the vehicle or his passengers, if any are aboard,  may be injured in the accident.
When a passenger riding in a vehicle is injured by the negligence of the driver of a single vehicle accident, he may be able to bring a claim against the driver or estate for his injuries.

In January of 2015, Lozano Rodriguez, the driver of a Toyota with two passengers aboard, was traveling at a high rate of speed southbound on Highway 160, south of Wilson Road near Courtland.  Lozano made an unsafe turn and the car veered off the roadway.
The car spun clockwise and struck a large tree, coming to rest on its side.
The driver and one of his passengers named Zhang, both of whom were from Elk Grove, died at the scene from injuries sustained in this single-vehicle crash.

The other passenger in the back seat suffered major injuries and was taken to the Kaiser South Medical Center in Elk Grove.
In this factual scenario,  there is no other driver involved.
However, the estate of the passenger killed in the accident, along with the other passenger, might have claims against the driver of the of the car and his estate.
As a result of the accident and the injuries involved, a claim or lawsuit could be filed for wrongful death and survival.
A separate claim or suit could be filed by the surviving passenger  against the driver or his estate.

As in any other case, the negligence of the driver would have to be proved, along with damages.

 

Sacramento Catastrophic Injury Attorney Edward A. Smith has been practicing personal injury law for over 30 years.

If you or a loved one have suffered from a catastrophic injury, contact the  experienced Catastrophic Injury Attorneys at the Law Offices of Edward A. Smith for a free consultation at (916) 921-6400 or toll free at 1-800-404-5400,

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