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As a personal injury attorney I foolishly assume that people know they have a claim when they call or even are hurt in an accident. This foolish assumption has recently been eroded. I was recently discussed with a member of my church the rights of passengers of an automobile who were hurt in a train accident.

Sometimes people fail to realize that if they are in an individual’s care that is at fault in an accident, that they have a claim against that individual. For example, if John Doe were to be involved in an accident where he rear-ended a semi doing 50mph, everyone one of his passengers would be entitled to compensation from him. Each passenger, assuming they weren’t somehow at fault would have a claim against John Doe’s insurance and if that didn’t resolve, could take John Doe to Court. Tomorrow, I’m going to follow up this article and discuss what rights those passengers would have if John Doe were 60% at fault and another party was 40% at fault.

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