Car accidents unfortunately occur every day in Ontario and often result in some type of injury whether minor, serious or catastrophic, for one or more accident victims. In most cases, particularly in the case of multi-vehicle accidents, the issue of negligence and by that token liability, becomes a factor between the drivers of the vehicles.

What about the passengers who were riding in the vehicle(s) at the time of an accident? What are their rights if they are injured? The answer is that passengers have the same legal right to injury compensation as the drivers, if they too have been injured in an accident.

Legal Rights As a Passenger Involved In a Collision

You can file an accident benefits claim under your own automobile insurance policy, if you are insured. If you are not insured and have no automobile insurance coverage, you can make a claim for accident benefits against the policy of the driver of the car you were riding in, or in the case of a multi-vehicle accident, under the coverage of the driver of any vehicle that was involved in the accident.  

By law, statutory accident benefits are provided under every automobile insurance policy.  The type of benefits to which you are entitled will depend on the severity of your injuries. Some of the benefits for which you may receive compensation are: loss of income, medical and rehabilitation expenses, medication and attendant care. The automobile insurance company needs to be informed within 7 days of an accident if you intend to make a claim for accident benefits.

In addition to a claim for accident benefits, a person injured as a result of a driver’s negligence can sue the ‘at fault’ person and their insurer for damages and losses. In the case of a single-vehicle accident, the civil suit would be filed against the negligent driver of the vehicle in which you were the occupant.  As with any personal injury claim, a passenger must prove liability on the part of the defendant (or the at fault driver), as well as prove that they suffered injury and corresponding losses for which they deserve a compensation.

In multi-vehicle car accidents, a passenger may file a civil suit against the driver(s) at fault, which may or may not include their own driver. If two or more drivers were in some way negligent in causing the accident or if the owner of a vehicle is different than the driver, then multiple defendants will be named in your negligence suit. 

Accidents that involve several injured passengers may be complicated, as the severity of injuries and losses will differ for each passenger and the settlement determined for each one will need to reflect their unique situation. Fortunately, in the majority of cases, liability and the amount of damages can be settled by negotiation between the various parties involved. However, when the defendants and their insurers are unwilling to come to a fair agreement, then the case will need to be decided in court.

In a 2007 Ontario trial, Gordon v. Greig, the judge needed to decide on the appropriate damages owed to two passengers who were catastrophically injured in a single-car rollover collision. One passenger sustained traumatic brain injury and upper spinal injury and the other severe spinal injuries that rendered him a paraplegic. The lives of both young men were severely and permanently impacted by their injuries, and both need continuous attendant care.

There was no question of liability on the part of the driver.  He admitted to being responsible for the accident.  The amount of contributory negligence by the passengers was also settled out of court between the parties involved, so the trial was required to address only the issue of damages for pain and suffering, loss of past and future wages, and the cost of future care. The judge assessed the unique injuries, medical assessments and future care requirements for each young man individually, and determined damages of $12.3 million and $11.4 million, for a total of almost $24 million in damages.  

Whether you are injured as a passenger in a privately owned vehicle versus a public mode of transportation such as a bus or train, can also impact a civil suit. If someone is injured by a government owned vehicle or while riding public transit, the municipality or another governmental jurisdiction may be held liable for injuries, along with the driver of the vehicle.

Passenger Safety Tips and Measures

While a passenger generally carries no fault in causing an accident, they may sometimes be held liable for some fault in their injuries.  In Gordon v. Greig,  both passengers along with the driver were not wearing a seat belt, and this circumstance contributed to their injuries when they were thrown from the car during the collision.

There are several measures that passengers can take to minimize the risks of an accident and to ensure their personal safety while riding in a vehicle. The most important of course is to never get into a vehicle with a driver who is clearly under the influence of drugs and/or alcohol. Unfortunately, despite strict Ontario regulations, public education and programs implemented to reduce alcohol and drug related collisions, impaired driving continues to be a leading cause of car accidents. Individuals should never willingly put themselves in danger by getting into a vehicle with someone who is clearly not fit to drive and further and should try to prevent the impaired driver from getting behind the wheel.

One of the easiest ways to reduce the likelihood of fatal injuries in the event of a car accident is the wearing of a seat belt. Failure to buckle up is still a factor in many catastrophic and fatal injuries.

Another significant cause of car accidents that is increasingly on the rise is distracted driving. Distracted driving essentially includes any activity or element that draws the driver’s attention from the road, even for a second. Passengers sometimes contribute to a driver’s distraction and correspondingly, they can take positive actions to minimize this potential problem.

• Do not engage the driver in the kind of conversation that serves to distract them,  the nature of which can vary with different people. If the driver tends to look over at you while speaking, remind them to keep their eyes on the road.

• If there are multiple passengers, do not talk too loudly or argue.

• Take the initiative to keep any children in the vehicle from becoming too loud or distracting.

• Avoid fiddling with the audio system or getting too close to the steering wheel or the driver’s hands on the wheel.

In addition to ensuring that all vehicle occupants are wearing a seatbelt, infants and young children must be secured in a safe and appropriate child seat and buckled in. Not only are you required by law to comply with these actions but they may save your life and that of your family members in the event of an accident.

There is a certain expectation we all have when travelling with someone else behind the wheel and that is, that we will safely get to our destination. However, accidents unfortunately do happen and it is important to know and understand your legal options if you are injured as a passenger or in any other capacity.

At Burn Tucker Lachaîne, our knowledgeable team of personal injury lawyers offer years of experience in helping individuals successfully with their personal injury claims. We are well versed in the complexities of insurance and negligence law and will fight to ensure that you receive the compensation you deserve and are owed.

If you or someone you love has been hurt or was fatally injured,  please do not hesitate to call us and make an appointment to visit us in our Ottawa or Hawkesbury offices, or visit us online. We provide a free initial consultation to discuss the specifics of your case and provide you with your best legal options.