What If You’re Injured as a Passenger in a Texas Car Accident?

Passengers often suffer serious injuries in car crashes—without having caused the accident themselves. If you were hurt while riding in someone else’s vehicle in Texas, you likely have the right to seek compensation. But who pays? And can you sue the driver you know personally? Here’s what Texas law says about passenger injury claims and how to protect your legal rights.

Do Passengers Have the Right to File a Claim?

Yes. Under Texas law, passengers injured in auto accidents have the same rights to compensation as drivers. As a passenger, you may pursue a claim against:

• The driver of the vehicle you were in (if they caused the crash)
• The other driver (if they were at fault)
• Both drivers, in cases of shared fault

Texas follows a “modified comparative fault” rule (Tex. Civ. Prac. & Rem. Code § 33.001), but this usually doesn’t apply to passengers unless their actions somehow contributed to the crash—such as interfering with the driver.

Whose Insurance Covers You?

Coverage depends on who caused the crash and what policies are in place. You may recover compensation from:

• Liability insurance of the at-fault driver
• Uninsured/Underinsured Motorist (UM/UIM) coverage from either driver’s policy
• Personal Injury Protection (PIP) benefits if included in the driver’s policy
• Your own auto insurance, if you have UM/UIM or MedPay coverage

Note: PIP coverage is optional in Texas but automatically included unless waived in writing (Tex. Ins. Code § 1952.152).

Can You Sue the Driver You Were Riding With?

Yes, although it may feel awkward—especially if the driver is a friend or relative. However, you are not suing them personally for money out of pocket; you’re filing a claim against their insurance company. This is what liability coverage is for.

In some cases, the crash may involve:

• Rideshare vehicles (e.g., Uber or Lyft)
• Company cars or delivery vehicles
• Drunk or distracted drivers

Each of these may trigger different policies, including commercial insurance or third-party liability.

What Can You Be Compensated For?

As an injured passenger, you may be eligible to recover damages for:

• Emergency room and hospital bills
• Ongoing medical treatment or rehabilitation
• Lost income if your injuries kept you from working
• Pain and suffering
• Emotional distress or trauma

Steps to Take After the Crash

1. Get immediate medical attention, even if you don’t feel hurt right away.
2. Get a copy of the police report and note both drivers’ information.
3. Take photos of the vehicles, injuries, and accident scene.
4. Keep records of all medical treatment, expenses, and missed workdays.
5. Notify your insurance provider if you may use your UM/UIM coverage.

Common Challenges in Passenger Injury Cases

Passenger claims are often straightforward, but challenges may include:

• Both drivers blaming each other
• Insufficient insurance coverage
• Personal discomfort suing someone you know
• Insurance companies undervaluing pain and suffering

To navigate these, documentation and legal knowledge are key.

FAQs: Texas Passenger Injury Claims

What if I was in a rideshare vehicle?

You may be covered by the driver’s personal insurance, or the rideshare company’s commercial policy (e.g., Uber provides $1 million in liability coverage under certain conditions).

Can I be found at fault as a passenger?

Only in rare cases. Texas law generally does not assign fault to passengers unless they interfered with the operation of the vehicle or knowingly entered a dangerous situation (like getting into a car with an intoxicated driver).

What’s the deadline to file a claim?

In Texas, you typically have two years from the date of the accident to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003).

Conclusion

If you’ve been injured as a passenger in a Texas car accident, you have the right to recover compensation—regardless of which driver was at fault. Understanding your options, documenting your injuries, and navigating insurance claims properly are essential steps toward getting the recovery you deserve.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.