If you were injured in an accident while riding on someone else’s motorcycle, you are probably wondering whether you can recover compensation. In most cases, a motorcycle passenger can file an injury claim as long as they did not cause the accident.
The aftermath of a motorcycle accident can be overwhelming. A motorcycle accident lawyer can guide you through the process of filing a personal injury claim and help you recover compensation for your injuries.
Can a Motorcycle Passenger File a Personal Injury Claim?
Yes, in most cases, a motorcycle passenger can file a personal injury claim if they suffer injuries in an accident caused by someone else’s negligence. Since passengers generally do not control the motorcycle, they are rarely at fault for accidents.
However, being injured in a motorcycle accident does not automatically guarantee that you can recover compensation. To do so, you typically must prove that another party’s negligent actions caused or contributed to the crash and your injuries.
When Can a Motorcycle Passenger Not File an Injury Claim?
While injured motorcycle passengers typically have grounds for a claim, you may not if:
- You were responsible for the accident: If you contributed to the crash by interfering with the motorcycle’s operation, distracting the rider, grabbing the handlebars, or engaging in other reckless conduct, you may be barred from recovering damages.
- No negligence occurred: If the accident resulted from an unavoidable event rather than someone’s careless or wrongful conduct, there may be no liable party to sue.
- The statute of limitations has expired: Every state imposes deadlines for filing personal injury claims. Missing your state’s deadline can prevent you from pursuing compensation.
How Long Do You Have to File a Claim?
Every state imposes a deadline for filing personal injury lawsuits known as the statute of limitations.
The filing deadline for your claim will depend on:
- State law
- Whether a government entity is a defendant
- Whether you discover any new injuries after leaving the scene of the crash
If you don’t file your claim before the applicable deadline, you will likely forfeit the right to pursue damages.
Who Can Be Held Liable for a Motorcycle Passenger’s Injuries?
Several different parties may be responsible for a motorcycle passenger’s injuries, including:
- The motorcycle operator: The rider may be liable if their negligent actions caused or contributed to the accident. Examples include speeding, distracted riding, aggressive driving, operating the motorcycle while impaired, failing to obey traffic laws, or making unsafe maneuvers.
- Another motorist: Drivers of cars, trucks, SUVs, or other vehicles are frequently responsible for motorcycle accidents.
- Multiple drivers or parties: Some accidents result from the negligence of more than one person. For example, a motorcyclist may be speeding while a driver simultaneously makes an unsafe turn. In these situations, multiple parties may share liability for your injuries.
- Government entities: A city, county, or state agency may be liable if dangerous road conditions contributed to the accident. Large potholes, defective traffic signals, missing road signs, poorly designed intersections, and unsafe construction zones can sometimes cause motorcycle crashes.
- Manufacturers or distributors: A manufacturer, distributor, or retailer may be liable if a defective motorcycle component or vehicle part caused the accident or worsened your injuries.
How Do You Prove Negligence?
To succeed in a motorcycle accident case, you typically must establish the following:
- Duty of care: The at-fault party had a legal obligation to act safely and follow traffic laws while operating a vehicle or maintaining safe roadway conditions.
- Breach of duty: That party failed to meet that duty through negligent or reckless conduct.
- Causation: That negligence or recklessness caused or significantly contributed to the crash and your injuries.
- Damages: You suffered actual losses because of the accident.
What Types of Damages Can You Recover?
After a motorcycle crash, you may be entitled to compensation for a wide range of losses, including:
- Medical expenses: You can seek compensation for hospital stays, surgeries, emergency treatment, medication, physical therapy, and future medical care.
- Lost income: You can recover damages for wages you lost while you were unable to work and for reduced earning capacity if your injuries affect your ability to earn a living in the future.
- Pain and suffering: You can pursue compensation for physical pain, emotional distress, mental anguish, and the overall impact your injuries have had on your daily life.
- Property damage: You can recover the cost of repairing or replacing damaged personal belongings such as phones, helmets, clothing, or other property.
- Permanent disability: You can seek compensation for long-term impairments and disabilities that affect your ability to work or enjoy everyday activities.
- Disfigurement and scarring: You can recover damages for visible injuries that permanently alter your appearance and affect your quality of life.
- Punitive damages: In cases involving especially reckless or intentional misconduct from the at-fault party, you may be awarded additional damages.
What If You Were Not Wearing a Helmet?
As a motorcycle passenger, you may still be able to pursue compensation even if you were not wearing a helmet at the time of the crash. However, the absence of a helmet could affect the value of your claim.
For instance, if you suffered head or brain injuries that could have been prevented or mitigated by a helmet, the insurance company may argue that your own actions contributed to the severity of your injuries, and your compensation may be reduced.
Consult a Motorcycle Accident Lawyer
While most motorcycle passengers have the right to file a claim after an accident, that doesn’t mean it’s easy to recover a fair settlement. An experienced motorcycle accident attorney from Sweet James can investigate your accident, help you build a strong claim, and fight for fair compensation for you.
Schedule a free case review to find out whether you have grounds for a claim.
