Injured Passengers in Single Vehicle Accidents Often Have Options for Compensation
Brian O Sutter
Accident Lawyers
Personal Injury
If you were injured as a passenger in a single-vehicle accident in Florida, the first question that usually comes to mind is: “Do I have a claim if no one else hit us?” The answer is that passengers often have strong legal rights after a single-vehicle crash.Under Florida’s no-fault law, Florida Statutes §627.736, passengers are covered by Personal Injury Protection (PIP) benefits regardless of fault. Beyond PIP, injured passengers may also qualify for additional compensation if someone’s negligence, an unsafe roadway, or a mechanical defect played a role.
It’s completely normal to feel confused or overwhelmed after a single-vehicle crash, especially when you were simply riding along and had no control over what happened. Florida law gives passengers strong protections, and you may have more rights than you realize.
At All Injuries Law Firm, our attorneys have represented injured passengers across Port Charlotte, Fort Myers, Sarasota, and surrounding communities for more than 35 years. We have handled crashes involving hydroplaning, loss of control, mechanical failure, phantom drivers, and unsafe construction zones. Our results include numerous seven-figure recoveries for seriously injured clients.
As Attorney Brian O. Sutter — Board-Certified by The Florida Bar — shares:
“Passengers often feel helpless after a one-car crash because they didn’t do anything to cause it. But they deserve answers, support, and a clear path forward. Our job is to protect their rights and help them rebuild their lives.”This is why we fight every day for Victory for the Injured.
Can a Passenger Sue the Driver in a One Car Accident in Florida
Yes. Injured passengers in Florida often have the right to pursue a claim. Whether the crash involved driver error, a vehicle malfunction, or a hazardous roadway, passengers are protected under several Florida laws.
Many injured people ask, “Can a passenger sue the driver in a one-car accident?”
Yes — when negligence, mechanical issues, or unsafe road conditions contributed, a passenger can pursue an insurance claim.
Depending on the circumstances, compensation for injured passengers may come from:
• PIP under §627.736
• the driver’s bodily injury coverage
• the vehicle owner under Florida’s dangerous instrumentality doctrine
• uninsured/underinsured motorist coverage
• a manufacturer if a mechanical defect occurred
• a government agency if unsafe roads contributed
• wrongful death benefits for families
Under Florida Statutes §627.737, passengers may also pursue pain and suffering damages when injuries meet the “serious injury” threshold.
Your Rights as a Passenger Injured in a One Car Crash
As a passenger, you have rights entirely separate from the driver. You may pursue compensation from:
• the person driving
• the vehicle’s owner
• another driver who caused a forced-swerve event
• a manufacturer or repair shop
• a city, county, or state agency responsible for road conditions
These rules can feel complicated, but you don’t have to navigate them alone.
As Attorney Bryan Greenberg explains:
“One thing I always tell injured passengers is this — you are not responsible for the driver’s choices. Florida law gives you strong protections, and once you understand them, the whole situation becomes less overwhelming.”
How We Help Passengers Injured in Single Vehicle Crashes
No matter how the crash happened, your rights as a passenger are typically the same: you were not the cause, and you may be eligible for compensation. Here are the most common single-vehicle crash types and what they mean for your claim.
Passenger Rights When the Driver Loses Control
Loss-of-control crashes often happen due to distraction, speeding, impairment, drowsiness, overcorrecting, or hydroplaning — especially during Florida’s rainy season.
When the driver’s negligence causes the crash, passengers may seek compensation through the driver’s liability insurance. Importantly, these claims target the insurer, not the driver personally.
Our firm has handled these cases for more than 35 years and understands the local road patterns that lead to these types of crashes in Southwest Florida.
Passenger Rights When a Vehicle Malfunction or Mechanical Defect Causes the Crash
Tire blowouts, brake failures, steering problems, electrical issues, or airbag malfunctions can all lead to sudden crashes. When a mechanical defect is involved, liability may fall on manufacturers, parts suppliers, or repair facilities.
Attorney Corbin Sutter explains:
“When a mechanical failure causes a crash, people are often shocked to learn it wasn’t human error at all. Preserving the vehicle quickly is critical. It allows us to find the truth and make sure the passenger isn’t left carrying the burden alone.”
When appropriate, our team works with engineers and reconstruction specialists to investigate mechanical defect single-vehicle crashes. This work is supported by years of experience and significant recoveries for injured clients.
Passenger Rights When Dangerous Road Conditions Cause a Florida Accident
Unsafe road conditions — such as poor drainage, missing guardrails, unmarked construction zones, or inadequate signage — can contribute to single-vehicle crashes. These hazards can be especially devastating for passengers who have no control over the situation.
When the evidence shows a roadway defect contributed to the crash, passengers may still pursue compensation. Claims involving government agencies follow strict notice procedures and the liability limits outlined in Florida Statutes §768.28.
Our longstanding presence in the community helps us understand the real-world conditions that local families encounter on the road each day, and we apply that knowledge when building strong cases for passengers.
Passenger Rights When Another Driver Forces a Swerving or Run Off Road Accident in Florida
Many one-car crashes are actually caused by another driver — someone who cuts off the vehicle, merges too closely, forces a swerve, or flees the scene.
These phantom vehicle accident situations may still qualify for uninsured motorist (UM) benefits when there is independent evidence that another driver caused the accident, even without physical contact.
An uninsured motorist passenger claim in Florida can be essential in hit-and-run or forced-swerve cases.
When Driver Negligence Leads to Passenger Injuries in Florida
If the driver acted carelessly — texting, speeding, driving impaired, or falling asleep — their liability insurance may cover your injuries. These claims are handled by insurance companies, not by taking money personally from the driver.
Our history includes multiple recoveries of $1,000,000 or more in serious auto injury cases, demonstrating our ability to pursue meaningful compensation for injured passengers.
When Mechanical Defects or Maintenance Failures Harm Passengers
Defective parts, faulty repairs, or lack of proper maintenance can all cause one-car accidents. These cases often involve examining black box accident data, mechanical evaluations, and any history of recalls or repair issues.
Our experience in injury law for more than 35 years helps us handle these investigations effectively for passengers throughout Southwest Florida.
Passenger Rights in Phantom Driver and Hit and Run Scenarios
When another driver causes a crash but leaves the scene or never makes contact, uninsured motorist coverage may still apply if evidence shows another vehicle was involved.
These cases depend on witness statements, roadway evidence, and sometimes black box data. Early investigation is crucial.
PIP and Insurance Coverage for Injured Passengers in Florida
Florida PIP covers 80% of reasonable medical bills and 60% of lost wages, regardless of who caused the crash. Beyond PIP, passengers may have access to:
• bodily injury liability coverage
• uninsured/underinsured motorist benefits
• MedPay
• health insurance
• wrongful death benefits
Learning about Florida PIP passenger coverage rules are important, but you don’t have to figure this out alone. We work closely with orthopedic surgeons, neurosurgeons, and rehabilitation providers throughout Southwest Florida to document injuries accurately.
Florida’s Serious Injury Threshold After a Single Vehicle Crash
Under Florida Statutes §627.737, passengers may pursue non-economic damages if they suffer:
• permanent injury
• significant or permanent scarring
• significant loss of bodily function
• or death
Many injuries caused by sudden-impact, rollover, or hydroplaning crashes may qualify when supported by strong medical documentation.
Evidence That Strengthens a Passenger Injury Claim
Strong passenger claims often rely on:
• event data recorder (black box) downloads
• photographs of the scene and roadway
• weather and hazard documentation
• mechanical inspections
• impairment or distraction evidence
• medical records linked to crash forces
• eyewitness accounts and video
Black box accident data can reveal speed, braking, and steering inputs in the moments before the crash, providing powerful evidence for passenger claims.
Steps Injured Passengers Should Take After a One Car Accident in Florida
To protect your rights:
1. Seek medical care immediately
2. Photograph injuries and the scene
3. Avoid recorded statements to insurers
4. Save bills, photos, and paperwork
5. Avoid discussing the crash on social media
6. Contact a Florida one-car accident attorney early
These steps ensure evidence is preserved and your passenger injury claim in Florida remains strong.
Why Injured Passengers Across Southwest Florida Trust All Injuries Law Firm
• Over 35 years helping injured people in Port Charlotte, Fort Myers, and Sarasota
• Attorneys dedicated exclusively to personal injury law
• Board-Certified attorneys Brian O. Sutter and Bryan Greenberg
• Multiple seven-figure results for seriously injured clients
• Strong community trust built through decades of local involvement
• A compassionate, client-focused brand built around Victory for the Injured
As Attorney Brian O. Sutter adds:
“When someone is hurt as a passenger, what they need most is clarity and someone in their corner. That’s what Victory for the Injured truly means — helping people feel safe, supported, and heard during one of the hardest moments of their lives.”
Many clients choose to celebrate their successful outcome by participating in our office tradition — banging the victory gong when their case resolves.
Free Consultation for Passengers Injured in Single Vehicle Crashes
If you or someone you love was hurt as a passenger in a single-vehicle accident, you do not have to navigate the aftermath alone. Our attorneys will help you understand your rights, evaluate your options, and pursue the compensation you deserve.
Port Charlotte Office
2340 Tamiami Trail, Port Charlotte, FL 33952
Fort Myers Office
5237 Summerlin Commons Blvd, Fort Myers, FL 33907
Call: (941) 625-4878
Justice. Recovery. Peace of mind.
At All Injuries Law Firm, we fight for Victory for the Injured every day.