What You Need to Know About Motorcycle Passenger Injury Claims

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Riding on a motorcycle as a passenger is a thrilling experience. Unfortunately, it also comes with several risks. As a passenger, while you can enjoy all of the benefits of riding as a passenger, you have no control over the bike and cannot do anything to prevent an accident. Passengers will also suffer the same serious injuries as operators in a motorcycle accident. According to a UC Berkeley study, six percent of individuals hurt on motorcycles were passengers in 2017. If you have been hurt as a passenger in a motorcycle crash, you likely have legal options for filing motorcycle passenger injury claims. One of our California motorcycle accident lawyers explains what those are below.

Motorcycle Passenger Rights in California

In the Golden State, motorcycle passengers have many rights. These include:

  • Damages: If you are hurt while riding on a bike as a passenger, you have the right to pursue damages for your medical expenses, lost wages, pain and suffering, and other losses.
  • Legal representation: While you are not required to work with a California motorcycle accident lawyer, you do have the right to legal representation. A lawyer can accurately value your compensation, ensure your motorcycle passenger injury claims are filed properly, and negotiate with the insurance company for a fair settlement.
  • Information: You have the right to obtain any information related to the accident, including GPS data from the vehicles involved, traffic camera footage, and witness testimony.

A California motorcycle accident lawyer will ensure your rights are upheld at all times.

Motorcycle Passenger Responsibilities in California

Just as you have many rights as a passenger on a motorcycle, you also have many responsibilities.

These are as follows:

  • Motorcycle helmet: In California, all motorcycle riders and passengers are required by law to wear a helmet approved by the U.S. Department of Transportation.
  • Using handholds: Motorcycles have designated handholds passengers must hold onto. Holding onto the rider’s waist is also acceptable under the law.
  • Footrests: Motorcycle operators are prohibited from carrying passengers unless the vehicle is equipped with a seat that is securely fastened as well as footrests. Passengers on motorcycles must use these footrests any time the bike is in motion.
  • Act responsibly: Motorcycle passengers must refrain from acting in a manner that diverts the rider’s attention from the road. This means not making sudden movements or acting recklessly or carelessly.

Who is Liable for Passenger Injuries in a Motorcycle Accident?

Determining who is liable for passenger injuries in a motorcycle accident depends on the facts of a specific case. The potential liable parties after a crash are as follows:

  • Motorcycle rider: Motorcycle operators assume responsibility for the safety and well-being of any passenger they carry on their bike. If the motorcycle rider was careless or negligent, such as speeding or operating their bike while under the influence, they can be held liable for your injuries.
  • The driver of another vehicle: If the driver of another vehicle caused your accident, such as by cutting the motorcycle off or failing to comply with traffic laws, they can be held liable for the accident and any injuries that resulted.
  • Manufacturers: Motorcycle accidents are sometimes caused by defective parts, such as faulty steering systems or malfunctioning brakes. When this is the case, the manufacturer of the motorcycle or motorcycle part can be held liable for a crash caused by the defect.
  • Government entities: Inadequate road conditions, such as a lack of signage or poor road conditions, can cause motorcycle accidents, particularly because these vehicles are less stable than passenger cars. In these cases, government entities can be held liable for an accident.
  • Property owners: If the crash occurred due to obstacles on private property, such as unmarked speed bumps or insufficient lighting, the property owner can be held liable.

What to Do After Being Hurt in a Motorcycle Accident as a Passenger

As a passenger, you do have the right to file a claim after a motorcycle accident. However, the steps you take immediately following the crash will greatly impact the success of your motorcycle passenger injury claims. The most important steps to take include:

  • Seek medical attention immediately: Immediately after any accident, it is critical that you seek medical attention. If paramedics arrive at the scene, allow them to examine you and follow through with all of their recommendations. If paramedics do not come to the scene, visit an emergency room as soon as possible.
  • Collect evidence: While still at the scene, take photographs and video footage of the overall accident scene, damage to the vehicles involved, your injuries, and other relevant information, such as stop signs or skid marks on the road. Also locate any eyewitnesses who you can contact in the future.
  • Report the accident: In California, you are required to report any accident that resulted in injury, death, or significant property damage. Reporting the accident will also result in an accident report, which can help prove your case.
  • Exchange information: Exchange information with everyone involved in the crash, including the operator of the bike you were riding on.
  • Contact a lawyer: A California motorcycle accident lawyer will ensure your rights are upheld so you obtain the fair settlement you deserve.

Relationship with the Biker

One of the most difficult aspects of filing a motorcycle accident claim as a passenger is your relationship with the biker. Most people ride motorcycles with their friends or family members. As such, after a crash, they do not want to file a claim against their loved ones. It is important to know that when you file a claim, you are not suing your loved one. Their insurance will pay the fair settlement you need. The only way to obtain the fair compensation you need for your medical expenses, lost income, and other losses is to file a claim against the negligent party, even if that is the operator of the bike you were riding.

Call Our Motorcycle Accident Lawyer in California for a Free Case Review

At The JLF Firm, our California motorcycle accident lawyer will review your case for free, determine who is liable, and help you obtain the full and fair damages you deserve. Contact us to get the legal help you need.

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