Motorcycles aren’t just dangerous for the rider – they’re also hazardous for passengers on the back. Unlike riders, passengers have no control over the direction or speed of the motorcycle and can’t avoid an impending collision. However, they can be just as catastrophically injured if an accident occurs. Below, we go over how motorcycle accident passengers can file a claim and how our law firm can help.
Common Injuries to Motorcycle Passengers
Motorcycle accident injuries to both riders and passengers tend to be severe since there’s not much standing in the way between them and the vehicle that hits them. These injuries are often catastrophic or life-threatening and include:
- Open and closed head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Limb amputation
- Broken bones
- Friction burns
- Lacerations
- Bruising
- Whiplash
- Hand injuries
- Internal bleeding
- Scarring and disfigurement
- Emotional or psychological trauma
Can Motorcycle Passengers File a Claim for Compensation After an Accident?
After a motorcycle accident, most of the time people pay attention to the rider either to place blame or express sympathy. This often leaves passengers with little to no support, yet these individuals have an equal right to compensation for their injuries as the rider themselves.
In some cases, they may have even more options for restitution. For example, if the rider was partially at fault for the accident, the amount of money they receive will be reduced by their percentage of shared liability. This is known as comparative negligence.
Determining Fault for Passenger Injuries
Before compensation can be awarded, the cause of the accident and the at-fault party must be identified. There are several parties that could be liable in a motorcycle accident, such as:
- The motorcycle rider
- Parents of teen drivers or motorcycle riders
- The driver of another car or truck on the road
- The city, if there was a defect in the road that caused the rider to crash
- The motorcycle manufacturer, if there was a design flaw or defect in the bike
- A mechanic, if they failed to properly service or repair a bike
Sometimes, more than one individual or entity is responsible for the collision. For instance, if the rider was intoxicated and a car sideswiped the motorcycle off the road, the passenger may be able to hold both the rider and the driver of the car accountable for their injuries.
To be successful, passengers must be able to prove that the liable party was careless or negligent in their actions and that this was the direct and immediate cause of their injuries. This can be done with a combination of video footage, witness testimony, accident reconstruction, medical records, and other related evidence.
Can a Passenger Ever Be At Fault?
Usually, motorcycle passengers aren’t at fault for an accident, but comparative negligence laws can still apply. If the passenger was riding while intoxicated without a DOT-approved helmet, they could share some responsibility for the severity of their injuries and potentially even the injuries of others who were involved. Or, if the passenger was purposely distracting the motorcycle rider from the road or moving around to make the bike unstable, they could be found 100% at fault for the accident and any associated damages.
Example
A motorcycle passenger files a lawsuit against the rider and another driver for an accident causing injury. It is determined that the rider was intoxicated, the other driver was speeding, and the passenger was not wearing an appropriate helmet. The judge determines that the driver and rider are each 40% at fault for the accident and the passenger is 20% at fault for their injuries. If the passenger’s total damage award is $200,000, the amount would be reduced by 20% to $160,000 and then split equally between the driver and rider.
Were You In a Motorcycle Accident As a Passenger? We Can Help
Recovering financial compensation as a passenger in a motorcycle crash can seem impossible. That’s why we’re here to help. Our qualified personal injury lawyers have the experience and skills to provide you with the compassionate legal support you need after a devastating accident. Contact Mazow | McCullough, PC today to book your free consultation by calling (855) 693-9084 or (978) 744-8000.
