Motorcycle Passenger Injury Liability
Motorcycle operators carrying passengers may have liability in the event of an accident. A crash or collision wounding the passenger could mean the operator has to pay him or her money damages. Motorcycle riders are not the only ones injured in an accident when carrying a passenger.
The passenger suffers injuries. Passengers can even be thrown off the bike and killed. Ehline Law Firm assists injured passengers and riders. Our staff helps get them paid. A former U.S. Marine runs us. We are different than other firms.
Our motorcycle lawyers are rough men who stand ready. They go the extra mile. Also, we'll do whatever it takes to get you paid. As a matter of fact, we have recovered millions of dollars for personal injury victims. And we’ll help you too.
Causes of Motorcycle Passenger Accidents.
The causes of motorcycle accidents could be by negligent actions by another motorist. In some cases, the collision may be a combination of a negligent driver and the rider operating the bike. The rider/operator of the bike might be irresponsible. He or she could make an error in judgment. This could cause an accident. It could also contribute to a collision with another motorist.
The Responsibilities of Motorcycle Operators With Passengers.
Having a passenger on a bike is a large responsibility. This is because riding a motorcycle is far different than having a passenger in a four wheel vehicle. This remains the case particularly if the new passenger. Riding on the back of motorcycles means the occupant needs to move his or her body along with the rider.
Drivers in automobiles and commercial trucks assume this responsibility when they have passengers. But there remains a higher level of safety in those vehicles. They are in an enclosed cage with seat-belts for starters.
Actions or inaction of a motorcyclist resulting in injury to passengers is negligence. If that occurs, the passenger legal rights. He or she can then seek financial compensation for their damages. The law entitles them to do so.
Riding Dangers for Motorcycle Passengers.
Experienced motorcyclists are cautious when riding. But when they have a passenger on the bike and acting in a reckless manner things can go wrong. Showing off his or her riding skills can put the passenger in danger. The harm can be great or small. Getting thrown off a bike can cause scrapes, contusions or worse.
The passenger on most bikes is usually family, significant others or friends. That person may have to sue the operator. This can be extremely emotional for the unwary victim passenger. It’s hard to sue someone you love, and it could destroy the relationship.
The injuries in a motorcycle wreck can be significant. So this makes it imperative to seek compensation. And that covers the damages.
Below are some of the ways motorcycle accidents happen due to failures of the operator:
- Colliding with another vehicle, obstacle or solo crash. Here, the passenger can fly from the bike. The passenger may get hurt.
- Accelerating more than the posted speed limit or too fast for road or weather conditions. Excess speed raises the risk for any motorist on the road. Speeding on a motorcycle dramatically raises the risk for a crash. Also, this increases the risk of a serious injury or a killing.
- Acting in a reckless manner. Also, this could be showboating, or just a custom and habit of riding like a jerk in general. Their actions may be weaving in and out of traffic. They may have a habit of riding too close to other vehicles. They may even be performing stunts with a person on the bike with them. Any of these actions can put both the operator of the bike and the passenger in grave danger. Maiming or killing remains a real risk under these conditions.
- Operating a bike under the influence of alcohol or drugs (“DUI”) is a major no-no. It is not only irresponsible to operate the bike, in this case, but it is also and against the law. Operating a motorcycle while intoxicated is akin to putting a gun to your head. Also, it could put their passenger’s life in danger of a wrongful death. Data statistics show grave outcomes. Approximately one-third of all traffic accident fatalities are due to DUI.
Injured Passenger Claims.
As discussed above, the victim is usually someone close with the operator. Formal relationships make the passenger apprehensive about filing a legal claim. This is true even though it’s usually against the biker’s insurance usually.
It’s even harder if one has to file a lawsuit to recover damages. This can expose the personal assets of the motorcyclist. One of the biggest fears for the passenger is how it will affect their relationship. There can be other factors. Also, this is because these crashes are often dangerous with severe or fatal injuries to both people.
Some of these below factors can further complicate passengers seeking compensation:
- Passengers usually don’t want to ruin the personal relationship with the motorcycle operator. This fear isn’t valid. unwarranted. But that's because the motorcyclist's insurance company provides the settlement for their policyholder. Sure their rates may go up. But if they were at fault perhaps you’re doing the operator a favor. It could send a message that there are consequences to poorly riding. It usually costs the operator nothing out of pocket for the damages claim of the passenger. Perhaps there is a small deductible. So motorists carry insurance in the event of an accident causing harm or damages. Sure this is someone the injured passenger knows well. But the person driving the bike is responsible for the injuries. Because the cause was no fault of the passenger on their bike someone must pay.
- The operator of the motorcycle did not have adequate insurance coverage for the damages. The passenger is seeking reasonable compensation. It is against the law not to carry insurance. But in a motorcycle crash, the damages can add up quick due to the severity of injuries suffered. It could be the motorcyclist was under-insured. So that means there remains insufficient coverage. In this case, the passenger’s damages go unpaid. In that case, there are other methods of recovering compensation. One of these is to make a claim against your health or auto insurance for the damages. You may even be able to make a homeowner's insurance claim. Consulting a motorcycle accident lawyer helps. He or she can make this complicated process easier and help you recover a higher amount of damages.
- Sometimes the operator of the motorcycle is not at fault for a collision. So this means the other vehicle driver is responsible. It could be a road crew did not fix a pothole. So the city or government agent may be liable. Even if the motorcyclist is uninsured or underinsured, it may be possible to get money. The operator of the motorcycle may have an insurance policy addendum for cases like this.
- If the driver of the bike died in the crash the passenger may not know how to proceed. In this case, emotional factor plays a role from losing a family member for example. Losing a significant other, or friend may cloud your judgment. In this case, you need a lawyer to insulate you. The help of an attorney may get the passenger compensation. You may need help to get damages from the motorists insurance policy.
Hiring a Victim’s Lawyer.
If you were a passenger on a motorcycle and injured in a crash, you may have questions. It is common to have questions about your legal rights and options to get damages. Also, this is an emotional situation between the injuries and effects they have on your life. When the operator of the motorcycle is in a close personal relationship, you need a lawyer.
The lawyers at Ehline Law Firm can assist you in evaluating your claim. We can explain your legal rights to recover damages. The damages the passenger may get are high. They include medical expenses, ongoing care. They also include rehabilitation, therapy, loss of wages. Sometimes they even cover
Sometimes they include the loss of opportunities, pain and suffering and other damages. Attorneys can determine the best way to proceed with your claim. Ehline Law Firm can help protect your rights in this complex process.
Recovering compensation is possibly a phone call away. Call us right now for a free legal consultation. Our number is (213) 596-9642. Don’t leave money damages on the table.