Can A Passenger Sue The Driver In St. Louis Car Accident?

In Missouri, a passenger injured in a car accident can typically sue the driver of the car they were riding in if the passenger can prove the driver's negligence caused the accident. Here's a breakdown of the situation:

Passenger Rights:

  • Passengers generally owe no duty to control the operation of the vehicle. The driver has the primary responsibility for operating the car safely.
  • Passengers can sue the driver for compensation for their injuries and damages if the driver's negligence caused the accident.

Grounds for Lawsuit:

There are two main scenarios where a passenger might sue the driver in Missouri:

  1. Driver Negligence Caused the Accident: If the passenger's injuries resulted from the driver's careless or reckless actions behind the wheel, they can sue for compensation. Examples include speeding, distracted driving, driving under the influence, or any other behavior that falls below the standard of care expected of a reasonable driver.

  2. Household Exclusion Clauses (Exceptions): Missouri law allows some exceptions to passengers suing drivers within the same household (spouses, parents, and children). These exceptions typically involve auto insurance policies that contain household exclusion clauses. However, these exclusions are limited by Missouri law.

  • Limited Household Exclusion: Missouri law restricts insurance companies from completely excluding claims by household members in car accidents. Insurers can only exclude bodily injury coverage up to the minimum liability limits required by the state (currently $25,000 per person and $50,000 per accident).
  • Passenger Can Sue for More: If the passenger's damages exceed the household exclusion limits, they can sue the driver directly for the remaining amount.

Here are some additional factors to consider:

  • Severity of Injuries: The severity of the passenger's injuries will likely influence the decision to sue the driver. Lawsuits are more common for serious injuries with substantial medical bills and lost wages.
  • Alternative Compensation: The passenger might be able to recover compensation through the driver's auto insurance policy, even with a household exclusion, depending on the policy details. A lawyer can advise on this aspect.

Consulting a Personal Injury Lawyer:

If you were injured as a passenger in a car accident, regardless of who was driving, it's wise to consult with a personal injury lawyer in Missouri. Here's why:

  • Understanding Your Rights: A lawyer can explain your legal rights as a passenger and the possibility of suing the driver based on the circumstances of your case.
  • Navigating Household Exclusion Issues: They can help you understand the implications of household exclusion clauses in auto insurance policies and determine if they apply to your situation.
  • Building a Strong Case: They can assist in gathering evidence to prove the driver's negligence and the extent of your injuries and damages.
  • Maximizing Compensation: A lawyer can explore all possible avenues for compensation, including the driver's insurance policy, your own insurance (depending on coverage), and potentially suing the driver if necessary.

Remember: Every situation is unique. Consulting with a qualified personal injury lawyer in Missouri is the best course of action to understand your rights and options for pursuing compensation after a car accident as a passenger.

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