A passenger who gets hurt in a car accident usually has an easier case than a driver or any other type of personal injury plaintiff. This is because the passenger does not have to worry about proving liability; one of the drivers is going to be liable.
As with any personal injury claim, in a car accident case the plaintiff must be able to prove two things: liability (the defendant’s fault) and damages (how badly the plaintiff was injured).
If the accident was a two car accident, one of the drivers is definitely going to be liable. It is almost impossible to have a two car accident without at least one of the drivers being deemed negligent in some way.
If the accident was a one car accident (i.e., the driver hits a tree), then the driver will usually be liable. As a general rule, if the driver hits something, he/she typically did something (or failed to do something) that amounts to negligence. But there are always exceptions. One exception could be if a driver hits a deer that suddenly jumps out of the bushes and bounds across the road. No one expects to have a deer jumping into his/her way. It is certainly possible for a driver to be found not negligent in that situation.