Skip to main content

Car Accident Liability For Wisconsin Passengers Injuries

Who is Liable for Passengers’ Injuries in a Wisconsin Car Accident?

Passengers in Wisconsin car accidents can be injured just as easily as drivers, but what is their legal recourse? Who bears car accident liability for passenger injuries? Is it the driver of the vehicle you were riding in or the other driver? Can they both be liable? How do you know where to file a claim?

Passengers’ Rights After a Car Accident

The first thing to be aware of is that passengers do have the right to recover damages after a car accident.

You may not be able to file a claim immediately, however. Insurance investigators first need to determine who was responsible for the accident, especially if it was a two (or more) car accident. Once that is determined, you will know which driver or drivers bear car accident liability and are responsible for your injuries.

Determining Car Accident Liability

In a multi-vehicle accident, one or more drivers could have car accident liability for the accident. This is particularly common in Wisconsin which is a shared fault or comparative negligence state. That means that more than one driver could be responsible for your injuries. Each driver who bears fault will be assessed a percentage of fault from 0 to 100. Drivers who bear zero fault will pay zero in damages. The at-fault drivers will share the cost of the damage among them, split based on their percentage of fault.

Learn more about car accident liability and Wisconsin’s comparative negligence laws in our post entitled, “Comparative Negligence and Wisconsin Car Accidents”.

Seeking Compensation as a Passenger

If you have been injured as a passenger, you will apply to receive damages from the at-fault driver(s) insurance. Passengers may claim damages for many of the same things claimed in other types of personal injury cases:

  • Medical costs related to accident injuries include hospital and doctor bills, prescription costs, therapy, and mobility devices.
  • Pain and suffering
  • Lost wages due to time missed from work for your recovery
  • Loss of future wages or lower earning capacity due to the injuries
  • Transportation costs, including to the ER and medical appointments

Determining the amount of your claim is tricky, especially once you take all factors into account. Insurance companies may make you a settlement offer, but it may not be the full amount to which you are entitled or need. Then, there is the possibility that the liable party or parties can’t pay, making the process even more complicated. Additional complications arise if there is more than one injured passenger; the insurance coverage available may not be enough to cover both claims.  As a passenger in a vehicle involved in an accident, you are entitled to all of the UM/UIM/medical expense coverage that the driver of your car has in effect.

These are just a few of the reasons why so many passengers seek help from the car accident attorneys at Eisenberg Law Offices. Your attorney will represent you throughout the process, ensuring you receive the full value of the damages you are entitled to and shepherding your claim through the process, even representing you to multiple insurance companies in the event there is more than one driver who has a car accident liability.

Our firm represents vehicle passengers as well as drivers in car accident cases throughout Wisconsin. If you have been injured in a car accident as a passenger, contact our office to get answers to your questions and advice on your next steps.

Arrange a free, no-obligation consultation by calling 608-256-8356 or emailing



Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.