Experienced Advocacy for Passengers Injured in Galveston County Crashes
Vehicle passengers injured in accidents have clear legal options for pursuing compensation, regardless of which driver caused the crash. Whether the collision was caused by the driver of your vehicle, another motorist, or both, you can file a claim against the at-fault party’s liability insurance.
A Galveston County car accident attorney can help you identify all liable parties, navigate the claims process, and fight for full compensation covering your medical expenses, lost wages, and pain and suffering. Because passengers typically bear no fault for causing a collision, you are often in a strong position to recover damages.
Why Choose Bill T. Wells for Your Passenger Injury Case?
When you’ve been injured as a passenger, you need an attorney with the experience and resources to handle complex claims involving multiple parties and insurance policies. Bill T. Wells offers:
- Board Certification in Personal Injury Trial Law. Bill T. Wells has been Board Certified since 1990, reflecting extensive courtroom experience and proven results in personal injury cases.
- Over 30 Years of Experience. With more than three decades handling personal injury claims and over 500 Galveston County court appearances, Bill T. Wells understands how local courts and insurers evaluate passenger injury claims.
- Personal Attention. Every client works directly with Bill T. Wells, not a case manager or assistant. You receive dedicated representation throughout your case.
- 25% Attorney Fee on Motor Vehicle Cases. More of your recovery stays with you, helping you focus on healing rather than legal costs.
- Bilingual Services. Spanish-speaking clients receive the same dedicated representation, ensuring clear communication throughout the claims process.
We are AV Rated by Martindale-Hubbell for the highest level of legal ability and ethics. We are here to help you pursue justice and full compensation after a careless driver causes you to suffer injuries.
Can Passengers Pursue Claims Regardless of Which Driver Caused the Accident?
Yes. As a passenger, you occupy a unique legal position. You were not controlling any vehicle, which means you typically bear no fault for the collision. This allows you to pursue claims against whoever caused your injuries, which may include the driver of your own vehicle, the other driver involved in the crash, or both drivers if they share responsibility for the accident.
Texas follows a modified comparative fault system under the Texas Proportionate Responsibility Statute. When multiple parties contributed to the accident, you may recover from each based on their percentage of responsibility. This can maximize your total compensation when a single insurance policy’s limits are insufficient to cover your damages.
Filing Claims Against the Driver of Your Own Vehicle
If the driver of your vehicle caused the accident through speeding, distracted driving, running a red light, or other negligent behavior, you have the right to file a claim against their liability insurance. Many passengers hesitate to do this, especially when the driver is a friend, family member, or romantic partner.
Understanding how insurance works can ease these concerns. Your claim goes to the driver’s insurance company, not to the driver personally. The insurance company pays for covered damages up to policy limits. Filing a legitimate claim does not require the driver to pay out of pocket in most cases, and your relationship does not need to suffer because you sought compensation for your injuries.
Texas requires all drivers to carry minimum liability insurance of $30,000 per person and $60,000 per accident for bodily injury, plus $25,000 for property damage. This is commonly referred to as 30/60/25 coverage. This insurance exists precisely for situations where the policyholder injures someone and owes compensation. Your friend or family member purchased this protection, and using it when needed fulfills its intended purpose.
What If the Other Driver Caused the Accident?
When another driver caused the crash, you file a third-party claim against their liability insurance. This process may be more straightforward emotionally since no personal relationship exists with the at-fault party. However, insurance companies routinely undervalue claims and use tactics to minimize payouts. Having legal representation levels the playing field and ensures you receive fair compensation rather than a quick, low offer. Learn more about motor vehicle accident claims and how we handle them.
What If the At-Fault Driver Has No Insurance?
When the at-fault driver lacks insurance or has insufficient coverage, other options may be available. Your own auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage may apply, even when you were a passenger in someone else’s vehicle. Additionally, the driver of your vehicle may have UM/UIM coverage that protects passengers. A household member’s policy might also provide coverage in certain circumstances.
Our attorneys thoroughly review all available insurance sources to identify every possible avenue for recovery, ensuring you are not left without compensation simply because one driver failed to carry adequate insurance.
What Compensation Can Passengers Recover?
Injured passengers can recover damages for both economic and non-economic losses. Economic damages include medical expenses such as emergency care, hospitalization, surgery, rehabilitation, and future treatment costs. You can also recover lost wages from missed work during your recovery, as well as reduced earning capacity if your injuries prevent you from returning to your previous occupation.
Non-economic damages compensate you for pain and suffering, both physical and emotional. You may also recover for scarring, disfigurement, permanent disability, and loss of enjoyment of life. The value of your claim depends on the severity of your injuries, the impact on your daily life, and the available insurance coverage.
Can Seatbelt Use Affect My Passenger Injury Claim?
Texas law requires all vehicle occupants to wear seatbelts. Since the Texas Supreme Court’s 2015 decision in Nabors Well Services v. Romero, evidence of seatbelt non-use is admissible in personal injury cases. If you were not wearing a seatbelt at the time of the accident, the defense may argue that your failure to buckle up contributed to the severity of your injuries.
Under Texas’s modified comparative fault system, this could reduce your compensation proportionally. However, not wearing a seatbelt does not bar your claim entirely as long as you are not more than 50% responsible for your own damages. An experienced attorney can help counter these arguments and fight for the maximum compensation you deserve.
How Long Do I Have to File a Passenger Injury Claim?
Texas imposes a two-year statute of limitations on personal injury claims. You must file a lawsuit within two years of the accident date or lose your right to pursue compensation through the courts. While this may seem like adequate time, evidence is easier to collect and witnesses’ memories are more reliable the sooner you act. Consulting an attorney well before this deadline helps preserve your options and strengthens your case.
Get Help With Your Passenger Injury Claim Today
If you were injured as a vehicle passenger in Galveston County, you deserve experienced legal representation that fights for your full recovery. Bill T. Wells offers free consultations and works on a contingency basis, so you pay nothing unless we recover compensation for you. Contact us today to discuss your case and learn how we can help you move forward after a serious accident.
Frequently Asked Questions
What is the deadline for filing a passenger injury claim in Texas?
Texas imposes a two-year statute of limitations on personal injury claims. You must file a lawsuit within two years of the accident date or lose your right to pursue compensation through the courts. However, building a strong case takes time, so consulting an attorney well before this deadline is important to preserve your options.
Can I file a claim if I was not wearing a seatbelt?
Yes, you can still file a claim. However, since the 2015 Texas Supreme Court ruling in Nabors v. Romero, defendants can argue that your failure to wear a seatbelt contributed to the severity of your injuries. Under Texas’s modified comparative fault system, this could reduce your compensation proportionally, but it will not bar your claim entirely as long as you are not more than 50% at fault for your damages.
What if the at-fault driver has no insurance?
Your own uninsured motorist (UM) coverage may apply, even when you were a passenger in someone else’s vehicle. Additionally, the driver of your vehicle may have UM coverage that protects passengers. A household member’s policy might also provide coverage. An attorney can identify all available sources of compensation to maximize your recovery.
Will filing a claim affect my relationship with the driver?
Most personal injury claims settle through insurance negotiations without going to court. Your claim is filed against the driver’s insurance company, not against your friend or family member personally. The insurance company pays for covered damages up to policy limits. This is exactly why liability insurance exists, and using it when needed fulfills its intended purpose.