What Rights Do Motorcycle Passengers Have If Injured?

If you are a passenger on a motorcycle that’s involved in an accident, you will likely experience injuries along with the driver. If your injuries are serious, you may need advanced medical treatments to recover. You may also be unable to work for weeks or months until you heal from your injuries.

Determining your legal options can be challenging, especially when faced with a long recovery. This guide explains a few of the things you can do to when you’re injured in a motorcycle accident.

Who Can I Seek Damages From?

Damages is a type of financial economic and non-economic compensation that injury victims are entitled to. For example, lost wages are a type of economic damages, while pain and suffering/emotional distress are non-economic. Passengers may be entitled to seek damages from the following people/entities:

  • Motorists driving passenger vehicles or trucks
  • The operator of motorcycle
  • The manufacturer of the motorcycle or parts

You may also seek damages from more than one person or entity, depending on the nature of the accident. If a defective motorcycle part or component failed, but you were also struck by a distracted motorist, both the manufacturer and the motorist can be subject to a lawsuit.

Which Steps Should I Take Following an Accident?

If possible, take pictures at scene, both of the motorcycle and other vehicles, as well as the road where the accident took place. Also, request a copy of the police report from the officer at the scene. The police report contains essential information on the accident and the events that led to it.

Even if you don’t require emergency medical assistance at the scene, you should still have your injuries assessed by a doctor. This ensures you can identify and treat underlying conditions, as well as establish proof of the injuries you sustained.

You’ll also need to file a claim with an insurance company. If the operator of the motorcycle is considered responsible for the accident, you’ll file a claim with their insurer. If the driver of the truck or car involved in the accident is considered liable, you would file a claim with their insurance company. If the manufacturer is to blame, you would file a defective product lawsuit against them.

It’s also a good idea to speak with an attorney about what occurred. Determining the proper compensation can be challenging, which means you might accept a lower settlement than is appropriate. An attorney will have experience with accidents and injuries, as well as their associated damages. They will also develop a strategy on your behalf if your claim is denied.

We’re Here to Help Motorcyclists and Their Passengers

Working with a law firm that has experience with motorcycle accidents ensures the best possible results. In Albuquerque, Hinkle Law Offices, LLCis dedicated to helping accident victims navigate often complex personal injury claims. Whether you’re an operator or passenger, we can assist you in filing a claim for a motorcycle accident.

Please call (505) TUF-HELP to schedule a consultation or contact us for more information. We look forward to helping you with your case.