Injured While Helping Someone After an Car Accident: Can You Sue the At-Fault Driver?
It’s common for bystanders or witnesses to attempt to help after a car accident—opening doors, pulling someone out of a vehicle, or preventing further injury. But if the rescuer gets hurt in the process, can they make a claim against the at-fault driver?
Foreseeability is Key
Under common law, it is generally foreseeable that bystanders may try to assist an injured person. If you are hurt while acting reasonably and in a normal, non-negligent way, you may have a valid claim against the driver responsible for the accident.
Example: If a car crashes and you try to pull someone out of the vehicle, and in the process you suffer a burn or scratch caused by the at-fault driver’s actions, you could potentially seek compensation.
When a Claim Might Not Exist
If your actions were negligent or unreasonably dangerous, the at-fault driver may not be liable for your injuries.
Example: If you park in the middle of a highway and get hit while trying to assist, your injury may not be considered foreseeable, and your claim against the driver may fail.
Bottom Line
You can potentially recover damages from an at-fault driver if you are injured while reasonably assisting someone after an accident, because such rescues are considered foreseeable. However, negligence on the part of the rescuer can limit or bar recovery, so it’s important to act safely and reasonably
