• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Martin T. Montilino

Call Today For Free Consultation (612) 236-1320
  • Home
  • About
    • Firm Overview
    • Trial Experience
    • FAQS
    • Video Gallery
    • Blog
  • Practice Areas
    • Bicycle Accidents
    • Car Accidents
    • Dog Bites
    • Motorcycle Accidents
    • No Fault Insurance
    • Personal Injury
    • Social Security
    • Social Security Disability
    • Spinal Injury
    • Uninsured Motorist
    • Workers Compensation
    • Workplace Injury
    • Wrongful Death
  • Contact Us
  • Free Case Evaluation

Can a Passenger Make Personal Injury Claims Against a Driver?

In many personal injury cases, the passengers in one vehicle often sue the driver in another vehicle for negligence. Yet, what happens if you happen to be a passenger in a vehicle where the driver happened to be negligent? Can you sue the driver of a vehicle for negligence?

car crashed during road accident

 

A passenger who is suing a driver often has a more clear-cut case than passengers who are suing occupants and drivers in other vehicles. Why?

For one, liability is clear. Either the driver of the vehicle in which you were a passenger was liable, or the other driver was liable. There is little risk that a passenger will be held liable for an accident. Minnesota follows the 51 bar rule, meaning that if a plaintiff is 50% at fault or higher for an accident, the plaintiff can’t collect damages. Additionally, for any percentage a plaintiff is at fault, damages are reduced by that percent. Passengers generally won’t have to worry about their damages being reduced on account of this rule.

A passenger claim operates like any other car accident personal injury claim, with the exception that a passenger often makes a claim against both drivers involved in the accident. The only exception to this will be if one driver is clearly at fault, as in the case of drinking and driving rear-end collisions, or if only one car struck a stationary object like a wall or sign.

Passengers will likely initially make claims against each driver’s insurance company. Unfortunately, some insurers may underestimate the amount of liability each given driver is responsible for. So, if one insurer claims that car #1 was only 25% responsible and the other insurer claims that car #2 was also only 25% responsible, a passenger will only receive 50% of the total compensation he or she deserves. In a case like this, a passenger may wish to seek the skilled advice of a personal injury lawyer to ensure that he or she receives the full value of a claim.

In cases where liability is in question, it makes sense to make claims against both drivers, to ensure that both drivers are held responsible and victims receive the full amounts they are owed. Individuals who are seeking damages should also remember that it is against the Minnesota Rules of Professional Conduct for a lawyer to represent both a driver and a passenger if the passenger is suing the driver. If both passenger and driver are suing another party and the passenger isn’t suing the same driver, then a single lawyer can represent both the passenger and driver. Yet, if you, as a passenger plan to sue both drivers, everyone involved will likely have to find their own lawyer.

The Law Office of Martin T. Montilino is a personal injury firm in Minneapolis, Minnesota that strives to protect the rights of victims of car accidents. The firm works diligently to ensure that passengers aren’t left paying bills out of pocket due to either one or several insurance providers’ failure to properly assess fault.

 

sidebar

Blog Sidebar

Sub Menu

  • Home
  • About Us
  • Trial Experience
  • FAQS
  • Practice Areas
  • Video Gallery
  • Blog
  • Contact Us

Categories

  • Blog
  • Business Law
  • Family Law
  • Labor Law
  • Minnesota Cities
  • Personal Law
  • Uncategorized

Recent Posts

Oct 08

Rustad Minnesota Injury Lawyers and Rustad Accident Attorneys

Oct 08

Angle Inlet Minnesota Injury Lawyers and Angle Inlet Accident Attorneys

Oct 08

Madison Lake Minnesota Injury Lawyers and Madison Lake Accident Attorneys

Contact Us

The Law Office Of Martin T. Montilino, LLC
  
3109 Hennepin Avenue South
Minneapolis, MN 55408
  
Phone: (612) 236-1320
Email: [email protected]

  

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Locate Us

google-map-location

Explore The Site

  • Home
  • About Us
  • Trial Experience
  • FAQS
  • Practice Areas
  • Video Gallery
  • Blog
  • Contact Us

About Us

If you have been injured in an accident due to negligence and are seeking services from an experienced personal injury attorney in Minneapolis MN, you’ve come to the right place.

Our law firm has been successfully assisting injured clients for nearly two decades. Our negligence cases include automobile accidents, dog bites, slip and fall, and other injury situations.

Social Media

FacebookGoogle +

 

Minnesota Cities

 

© 2025 The Law Office of Martin T. Montilino  |  All rights reserved  |  Legal Marketing Solutions by USAttorneys.com

Take First Step To

    Please prove you are human by selecting the key.