From the time that seatbelts were first introduced in the 1950s, automobile safety innovations have continued to drastically reduce incidents of death and injury in motor vehicle accidents (MVAs).
According to the World Economic Forum, there were 5.1 fatalities per 100 million miles driven in the United States in 1960. That number dropped significantly to 1.1 per 100 miles in 2019, attesting to the effectiveness of safety innovations.
While more safety features have been proven to reduce death and injuries and sometimes even help to prevent collisions, MVAs continue to be an all-too-common occurrence.
While statistics show that drivers are more likely to be killed or injured in an MVA, each year the lives of thousands of passengers are impacted by car accidents. Victims of MVAs are often left wondering whether they will receive the help they need to put their lives back together.
Innovations Have Made Driving Safer.
Vehicles are no longer designed solely for the purpose of driving. The combination of research and advanced engineering have made automobiles much safer than they were decades ago. Government legislation has paved the way for innovations such as crumble zones that absorb impact energy during a collision, electronic stability control, brake assist and anti-lock brakes.
Cars now come equipped with blind-spot warning, forward-collision warning and rear-view cameras. Inside, modern automobiles offer driver, passenger and side airbags as well as advanced three-point seatbelts.
Improved safety technology has saved hundreds of thousands of lives over the years according to the National Highway Traffic Safety Administration. The agency reports that safety developments helped save 115 in lives 1960. By 2012, that number had skyrocketed to 27,621.
We All Have a Part to Play.
While it is possible to design a safer car, the driver still has an integral part to play when it comes to vehicle safety. Researchers note that the majority of accidents are caused by driver error, which can include distracted, reckless or aggressive driving, speeding and driving while impaired by drugs or alcohol.
Bad weather, road conditions and the condition of the vehicle can also have a role to play in an accident and can affect the way that drivers interact with their vehicles.
As a passenger in a car, you are responsible for your own safety to some extent. You should never accept a ride from someone whose ability to drive is impaired. In fact, you should do your best to convince that person not to get behind the wheel. You should also reconsider travelling in bad weather conditions whenever possible, such as torrential rain or a snowstorm.
Injured Passengers Have a Right to Benefits.
Is a passenger who is injured in a motor vehicle accident entitled to compensation? The short answer is yes, but there are a few variables to consider.
There are two systems from which an injured passenger may be able to make claims. The first is through "no-fault" accident benefits insurance, and the second is tort claim through the insurance policy or policies of any at-fault parties.
In Ontario, we have a "no-fault" accident benefits claims-based insurance system that provides coverage for those involved in automobile accidents, irrespective of fault. The accident benefits system is intended to provide injured MVA victims with access to funding for treatment and care to help them in their recovery. Accident victims may have access to the following benefits through their accident benefits policy:
- Medical and rehabilitation benefits;
- Attendant care benefits;
- Income replacement benefits;
- Non-earner benefits;
- Caregiver benefits;
- Housekeeping benefits;
- Death and funeral benefits; and
- Other benefits.
Accident benefits claims are typically made through your own insurance policy, even if you were a passenger in another vehicle. If you do not have your own car insurance policy, then claims may be made to one of the following other insurance policies (if available):
- the policy of the driver of the vehicle that you were a passenger in;
- the policy of someone that you are dependent on;
- the policy of the driver of the other vehicle(s) involved in the collision;
- as a last resort, if there are no available policies of insurance, the Motor Vehicle Accident Claims Fund.
You may also be entitled to file a lawsuit and make a tort claim for damages caused by someone else's negligence. In a tort claim, injured parties can seek compensation for the following heads of damages:
- pain, suffering and loss of enjoyment of life;
- loss of income;
- health care expenses;
- Family Law Act damages;
- housekeeping and home maintenance expenses; and
- other quantified losses.
Even if you were partly responsible for the collision, if another person bears more of the blame, you can seek compensation from them through the tort system. In that case, the at-fault parties would be defended by their insurance providers. If the at-fault driver is uninsured or underinsured, you may have coverage under your own insurance policy. In the event that you do not have coverage and the at-fault driver is uninsured, you may be entitled to make a claim under the Motor Vehicle Accident Claims Fund.
As a passenger in an MVA, you may be entitled to make claims through both systems.
What Happens if I Am Hurt as a Passenger on Public Transportation?
The law can be complex when it comes to accidents involving a city bus, subway, streetcar, taxi or a ride-share. Again, if you are injured as a passenger on public transportation, you may be able to seek compensation.
The Ontario government defines public transit service as an organization that provides "a service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or a local board, or under an agreement with a municipality or a local board." Transportation such as taxicabs, ferries and vehicles used for sightseeing tours would not be considered a public transit service.
If you are injured on public transit, the municipality may be responsible for your injuries. However, there is a 10-day window to provide notice of your intention to file these claims, so you must act quickly unless you can prove your injuries prevented you from doing so in a timely fashion.
Taxis and rideshare companies are expected to provide insurance coverage for both drivers and passengers. However, the coverage may vary depending on the circumstances of the accident. Establishing which insurer is responsible for damages in taxi and rideshare accidents can be complicated, which is why it is in your best interest to speak with a knowledgeable personal injury lawyer who can help you understand your rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.