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How Are Motorcycle Accident Claims Different for Injured Passengers?

February 14, 2024
Motorcycle Accident Claims

As a motorcycle passenger, you are putting your trust both in the person on the front of the bike and every other vehicle on the road. That means that if either the bike you’re riding on or another vehicle does something that causes you to be injured, you can seek compensation. 

Here are some of the most significant differences between motorcycle accident claims when you are a passenger instead of a rider and how a motorcycle accident attorney can help.   

Can Passengers File a Claim in Texas or New Mexico? 

Yes! Even if you are not the one operating the bike, you can still file a claim against the at-fault party and seek compensation from their insurance company. Depending on the circumstances of the accident, the following compensation may be available: 

  • Lost wages
  • Future lost earnings
  • Medical bills
  • Ongoing medical treatment
  • Pain and suffering
  • Wrongful death
  • Punitive damages 

The eligibility to claim damages is the same, whether you are a rider or a passenger. However, as a passenger, your claim may be against the actual rider rather than a third party. A motorcycle crash compensation attorney can help you establish the value of your case. 

Determining Liability for Motorcycle Passenger Accidents 

While it’s logical to assume that the driver who collided with the motorcycle you were a passenger on would be liable for your injuries, that’s not necessarily the case. 

As a passenger, you have several potential avenues to pursue when determining which party is responsible for paying for your injuries. A motorcycle injury lawyer will pursue all reasonable avenues, including the following: 

  • The person operating the motorcycle: If the person driving the bike acted negligently and caused the accident, they or their insurance company is liable.
  • The other driver: If someone else caused the accident, then this party bears the burden of paying your damages.
  • Both drivers: If both the motorcycle and the other driver contributed to the crash, both parties could be responsible.
  • Other third parties: Even if the drivers were not negligent (or partially negligent), the accident could have been caused by someone else, and that person or entity should be held accountable. Other parties who may shoulder the burden include the car or motorcycle manufacturer, repair shops, road maintenance crews, or a government entity that failed to provide adequately safe driving conditions. 

When Passengers May Be Liable 

Seeking motorcycle crash legal counsel after an accident is imperative because insurance companies will inevitably try to place blame on anyone other than their customer. This means your actions as a passenger could be scrutinized. 

Passengers can sometimes contribute to an accident if they knowingly got on the bike when they knew the driver was intoxicated or if they distracted the driver. 

What to Do After a Motorcycle Accident 

As a passenger, you don’t have your own insurance company to call to report the accident, but you still need someone on your side to represent your interests. For this reason, contacting a biker accident attorney as soon as possible can be helpful to ensure your rights are protected. 

There are also recommended actions to take at the scene and in the immediate aftermath. If you are able, call the police, gather witness statements, and take pictures or videos at the scene. These steps will help secure evidence that can strengthen your claim. 

Contact an Experienced Texas Motorcycle Accident Attorney 

Motorcycle accident claims are handled differently when the injured person is a passenger, and a motorcycle collision lawyer can help you navigate the appropriate next steps. For a free consultation with a motorbike injury legal expert, contact Fadduol, Cluff, Hardy & Conaway, P.C., at 800-433-2408.