What If I’m Injured in a Crash, but I Wasn’t Driving?

When you are injured as a passenger, pedestrian, or bystander, the aftermath of a crash can feel uniquely chaotic. You didn’t cause the accident, you weren’t even behind the wheel, yet you are the one dealing with medical bills, physical pain, and the stress of recovery.

At Lafferty, Gallagher & Scott, LLC, we have worked with victims in situations just like yours since 1973. It’s more common than you might think for someone injured in a crash to be a non-driver. While the situation can feel complicated, your rights are likely stronger than you realize.

Here is what you need to understand if you were injured in a car crash but weren’t driving:

• You may still have the right to compensation, even if you weren’t driving.
• Responsibility depends on who caused the crash.
• Insurance coverage may come from multiple sources.
• Different complexities come into play for pedestrians, rideshare passengers, and minors.
• A personal injury lawyer can help untangle liability and protect your rights.

Let’s explore the specifics of different situations, so you know who might be responsible and can start protecting your rights.

If I Wasn’t Driving, Can I Still File an Injury Claim?

Yes. In fact, passengers and pedestrians often face fewer hurdles than drivers because liability typically doesn’t fall on them unless they disobey traffic laws or distract the driver. Fault is based on negligence, not on who was operating a vehicle. If you were injured due to someone else’s carelessness, the law generally allows you to seek compensation for your losses. Passengers, pedestrians, cyclists, and bystanders may all pursue claims.

What If I Was Injured as a Pedestrian?

Pedestrian accidents illustrate just how vulnerable someone can be outside a vehicle. These injuries often occur because a driver failed to exercise reasonable care: running red lights, speeding, texting while driving, or ignoring crosswalks. Sometimes, hazardous road conditions, like poorly lit streets or broken sidewalks, can contribute as well.

Who may be responsible:

• The driver who struck you: Their negligence is usually the primary source of liability.
• A municipality or property owner: In certain cases, unsafe road conditions that contribute to an accident may make a local government or property owner partially responsible.

Unique considerations:

Pedestrian claims often involve complex questions of liability, with insurers closely examining whether traffic laws were followed. While drivers have a heightened duty of care, insurers will assess if the pedestrian’s actions contributed to the incident.

Can I File a Claim After a Rideshare Accident?

Rideshare accidents can be confusing because responsibility depends on whether the driver was actively working or off-duty. Injuries often occur when a rideshare vehicle collides with another car due to driver negligence, distracted driving, or unsafe road conditions.

Who may be responsible:

• The rideshare driver’s personal insurance: Applies if the driver was off the app or not actively transporting a passenger.
• The rideshare company’s commercial insurance: Typically covers accidents while the driver is active and providing rides.
• Other drivers: Any negligent driver who contributed to the collision may also be liable.

Unique considerations:

Unlike a typical passenger accident, rideshare claims may involve both personal and commercial insurance policies, which can make determining fault more complicated. Passengers often assume the rideshare company automatically covers them, but the reality depends on the driver’s status at the time of the crash.

What If the Injured Passenger Is a Child?

When a child is injured in a crash, the stakes are understandably high. Accidents involving children often occur due to driver negligence, improperly secured car seats, or unsafe road conditions. Ohio law allows minors to pursue personal injury claims through a parent or guardian acting on their behalf.

Who may be responsible:

• The at-fault driver(s): Could include the driver of the car the child was in, or another driver involved in the collision.
• Other parties: Unsafe road conditions, vehicle defects, or malfunctioning safety equipment can also play a role.

Unique considerations:
Courts take special care to protect a minor’s financial interests. Settlements may need to account not just for immediate medical expenses, but also for long-term care and developmental needs that may arise as the child grows.

What Steps Should I Take If I’m Hurt and Don’t Know Where to Turn?

Confusion is a normal reaction to trauma, but taking the right steps now can protect you later. Here’s what you should do:

• Seek medical care immediately: Even if injuries seem minor, documentation is vital.
• Avoid speaking with insurance adjusters alone: They may try to minimize your payout.
• Preserve evidence and documentation: Keep records of everything related to the accident and your injuries.
• Contact a personal injury lawyer: We can help determine fault and handle the claims process.

You Didn’t Ask for This, But You Do Have Rights

It is normal to feel frustrated when you are hurt in an accident you didn’t cause. But remember: just because you weren’t driving doesn’t mean you can’t pursue the compensation you need to heal.

At Lafferty, Gallagher & Scott, LLC, we’ve helped accident victims like you since 1973. We can clarify who is liable, guide you through insurance complexities, and fight for the recovery you deserve. Contact us today to protect your rights and start moving forward.