Being in a car accident is always stressful—but when you’re a passenger, it can be especially frightening. You had no control over what happened, yet you’re left dealing with the injuries, the bills, and the confusion that follows.
One of the most common questions we hear is:
“Can I sue both drivers if I was hurt in a crash?”
The answer is yes—but it depends on the circumstances. As a passenger, you have rights. And those rights include seeking compensation from any driver who was responsible, even if it’s more than one.
In this guide, we’ll walk you through everything you need to know, including:
Your legal rights as an injured passenger
How fault is determined in multi-vehicle accidents
What steps to take after the crash
How compensation works
Why hiring the right Omaha car accident lawyer matters
Let’s break it down.
Here’s the good news: passengers are rarely found at fault in car accidents. That means you often have a strong legal claim to compensation.
Who Can You Sue?
Depending on the details of the crash, you may be able to take legal action against:
Driver 1 – If they were negligent or reckless
Driver 2 – If they share any fault
Both drivers – In cases involving shared or comparative negligence
Other parties – Such as vehicle manufacturers if a defect played a role
In Nebraska, liability laws allow you to recover damages from multiple at-fault parties—as long as you were less than 51% at fault yourself (which is rarely the case for passengers).
Understanding a few legal basics can help make sense of your rights:
Negligence – When a driver fails to act with reasonable care (e.g., speeding, distracted driving)
Comparative Fault – Nebraska’s rule that lets you recover damages if you’re less than 51% at fault
Joint and Several Liability – Allows you to collect full damages from one or more responsible parties, even if others were involved
An experienced car accident attorney in Omaha can help identify who is liable and build a strong case on your behalf.
Taking the right steps after a crash can make a big difference in your claim:
1. Seek Medical Help Immediately
Even if you feel okay, injuries like whiplash or concussions may not show up right away. Prompt medical treatment protects both your health and your case.
2. Document Everything
Take photos of the vehicles, your injuries, and the scene. Collect contact details from any witnesses.
3. File a Police Report
Always ensure law enforcement documents the accident. The police report is crucial evidence for determining fault.
4. Avoid Speaking with Insurance Adjusters Alone
Insurance companies often try to minimize payouts. Let your lawyer handle these conversations.
5. Consult a Personal Injury Attorney
The sooner you speak with a trusted auto accident lawyer in Omaha, the better your chances of getting fair compensation.
Yes—if both drivers contributed to the crash, you can pursue claims against each of them. Here are a few examples:
A head-on collision where both drivers were speeding
A rear-end crash caused by one driver texting and the other having faulty brakes
A multi-car pileup where several drivers failed to maintain safe distances
These cases can be complicated. That’s why having a skilled attorney on your side is essential.
As an injured passenger, you may be entitled to damages including:
Medical expenses – Immediate treatment, surgeries, therapy, and future care
Lost wages – If your injuries keep you from working
Pain and suffering – For the physical pain and emotional distress
Property damage – If personal belongings were damaged in the crash
A knowledgeable accident claims lawyer can help you calculate the full value of your claim.
Avoid these pitfalls that could hurt your case:
Delaying medical care – Insurers may claim your injuries aren’t serious
Accepting a quick settlement – These are often far lower than what you truly deserve
Posting on social media – Even innocent posts can be twisted and used against you
Can I sue both drivers if they were partially at fault?
Yes. Nebraska follows a modified comparative negligence rule. If both drivers share fault, you can file claims against each of them. You may recover damages as long as you’re not more than 50% at fault.
What if one of the drivers is a friend or family member?
You can still file a claim, typically against their insurance—not them personally. This helps cover your medical bills and damages without creating financial hardship for your loved one.
How much is my passenger injury claim worth?
It depends on several factors: the severity of your injuries, medical costs, lost income, and pain and suffering. A personal injury attorney can help assess your claim’s value.
Do I need to hire a lawyer to file a claim?
While not required, having an experienced accident attorney significantly improves your chances of getting fair compensation—especially in multi-driver crashes where fault is disputed.
How long do I have to file a passenger injury claim in Nebraska?
You typically have four years from the date of the accident to file a personal injury claim. However, it’s best to act sooner while evidence is fresh.
What if I was injured in an Uber or Lyft accident?
Rideshare accidents often involve multiple insurance policies. You may be entitled to compensation from the driver’s insurance, the rideshare company’s policy, or both. An attorney can help you sort it out.
Can I still recover compensation if I wasn’t wearing a seatbelt?
Yes, but it may reduce your compensation if the defense argues that not wearing a seatbelt worsened your injuries. Nebraska considers this under comparative fault.
Multi-driver car accident cases are complex. A trusted Omaha personal injury attorney can help by:
When choosing legal representation, look for:
Experience in passenger injury cases
A strong track record of winning settlements and verdicts
A free consultation—most firms, like ours, offer one
Contingency fees—you don’t pay unless we win
If you or a loved one has been injured as a passenger, Inkelaar Law is here to help. Our experienced team has handled hundreds of multi-driver cases, and we know how to fight for what you deserve.
You shouldn’t have to face this alone. Let us help you move forward with confidence.
Call 1 800 890-2801
Schedule your FREE consultation today
As a passenger, you have the legal right to pursue compensation from any and all negligent drivers. Whether it’s a minor crash or a serious collision, the path to justice starts with the right support.
Don’t wait—Nebraska law limits the time you have to file a personal injury claim (typically four years). Let Inkelaar Law help you take the next step with confidence.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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