Being injured in a car accident is stressful enough, but when you’re a passenger, the situation can feel especially confusing. You weren’t driving, yet you’re left dealing with medical bills, missed work, and the uncertainty of who is responsible. In Louisiana, passengers have important rights that protect them after a crash. Knowing these rights and the steps to take can make all the difference in your recovery.
At Crescent City Personal Injury, our attorneys, led by John Radziewicz, have guided countless car accident victims through the claims process. We understand the unique challenges passengers face, and we are committed to helping you secure the compensation you need to move forward.
Passenger Rights After a Car Accident in Louisiana
Under Louisiana Civil Code Article 2315, anyone who causes harm to another person through fault or negligence can be held responsible for damages. This includes passengers injured in motor vehicle crashes.
- Medical bills and treatment including emergency care, prescriptions, therapy, and rehabilitation
- Lost wages if your injuries prevent you from working
- Future medical costs such as long-term treatment or ongoing care needs
- Pain and suffering which is the physical and emotional impact of the accident
- Wrongful death damages if a passenger tragically loses their life, surviving family members may pursue compensation for funeral expenses, loss of financial support, and the emotional toll of their loved one’s passing in accordance to La. Civ. Code Art. 2315.2.
Importantly, Louisiana follows a comparative fault rule (La. Civ. Code Art. 2323). Even if more than one driver contributed to the crash, you may file claims against multiple parties, and damages are divided based on each party’s percentage of fault.
Who May Be Held Responsible?
Responsibility for a passenger’s injuries depends on who caused the crash. You may have a claim against:
- The driver of the car you were in
- Another driver involved in the collision
- A commercial employer (for truck or rideshare accidents)
- A manufacturer (if a defective vehicle part contributed)
- A government agency (for dangerous road conditions)
Louisiana requires all drivers to carry liability insurance (La. R.S. 32:861), which is often the first source of compensation. If damages exceed policy limits, uninsured/underinsured motorist coverage (UM/UIM) may provide additional support if available.
Steps To Take After the Accident
The moments after a crash are overwhelming, but the steps you take can make a big difference for your health and your claim. Here’s what to do:
1. Seek Medical Attention Immediately
Even if you don’t feel hurt, injuries like concussions or whiplash may not show up right away. Seeing a doctor documents your condition and links it to the accident. Following your treatment plan also helps protect your health and your claim.
2. Call the Police and Get a Report
Louisiana law requires accidents with injury or major damage to be reported (La. R.S. 32:398). A police report provides an official record of the crash and can help establish fault. Always request a copy for your records.
3. Gather Information and Evidence
If you’re able, collect photos, witness details, and driver insurance information. This evidence strengthens your case by showing what happened and the impact of the crash. Keep copies of all medical records and receipts as well.
4. Be Cautious With Insurance Adjusters
Insurance companies may try to settle quickly or use your words against you. Avoid recorded statements or casual remarks like “I’m fine,” which can weaken your claim. It’s best to wait until you’ve spoken with an attorney before responding.
5. Consult an Attorney Promptly
Louisiana has a strict one-year deadline for personal injury claims (La. Civ. Code Art. 3492). Waiting too long can mean losing the right to compensation. Contacting a lawyer early helps preserve evidence and protect your claim.
Why Legal Guidance Matters
Passenger injury cases can be more complex than they seem. Multiple drivers, overlapping insurance policies, and disputes over fault can make it difficult to know where to turn. A lawyer can help by:
- Reviewing accident reports and medical documentation
- Identifying all possible sources of compensation
- Handling communication with insurers so you don’t have to
- Ensuring deadlines under Louisiana law are met
Having legal support gives you space to focus on your recovery, while someone familiar with Louisiana’s personal injury laws works on the details of your claim.
Protecting Injured Passengers in Louisiana—Contact Us at Crescent City Personal Injury Today
Being injured as a passenger can feel overwhelming, but you don’t have to figure it out alone. You have the right to seek compensation, and Louisiana law provides a framework to hold negligent parties accountable.
If you’ve been injured as a passenger in a Louisiana car accident, contact us at 504-608-0084 to schedule your free consultation. Led by John Radziewicz, our team is committed to guiding clients through the process with compassion and determination.
Frequently Asked Questions
1. Can I sue my own driver if I was injured as a passenger?
Yes. Claims are generally made against their insurance company, not the driver personally. This means you can seek compensation without directly affecting your friend or family member’s finances.
2. What if another driver was at fault?
You may pursue a claim against the other driver’s insurance, or both drivers if fault is shared under La. Civ. Code Art. 2323. In some cases, this allows passengers to recover from multiple insurance policies.
3. What happens if the at-fault driver doesn’t have insurance?
You may be able to use UM/UIM coverage if available, or explore other responsible parties. These policies are designed to step in when the at-fault driver cannot cover your losses.
4. Do I still have a case if my injuries seem minor?
Yes. Some injuries appear days later. Even a seemingly small injury can lead to ongoing medical needs, so documenting everything is important.
5. How long do I have to file a lawsuit in Louisiana?
Generally, two years from the date of the accident (La. Civ. Code Art. 3492). Acting quickly gives your attorney more time to gather evidence and build a strong claim.
6. What damages can passengers recover?
Damages may include medical expenses, lost income, future care costs, and non-economic losses such as pain, suffering, or emotional distress. The exact amount depends on the severity of injuries and the coverage available.