Personal Injury Attorney
What may have started out as an enjoyable ride with a friend or loved one could have ended up in a motorcycle accident followed by injuries, medical bills, lost wages, pain, suffering, and more. These situations can be devastating and even upsetting especially if you were a passenger. You might be concerned about filing a claim against a friend or loved one, but also feel you have no choice in doing so.
Recovering Compensation as a Passenger in a Motorcycle Accident
As the passenger, you may have the right to recover compensation for your losses; however, doing so may be complicated.
When Only The Motorcycle was Involved
If the motorcycle was the only vehicle in the accident, it is considered to be a one-vehicle accident. In this case your claim would likely need to be filed against the driver. To have a successful case you would need to prove the driver was negligent and also prove any losses were a direct result of the accident.
If it is thought that a defective part or product on the motorbike caused the accident, you would need to file a claim against the seller, distributor, or manufacturer. This can only be done when there is evidence that proves this. In general, the passenger will have an advantage in these types of claims, but you would need a motorcycle accident lawyer to help you.
Typically the passenger on a motorcycle is related to the driver or friends with them. Under normal circumstances the driver should not intentionally put the passenger in harm’s way. However, it is possible for the driver to make a bad decision or drive recklessly. Speed, winding in and out of traffic, or performing stunts are common occurrences and the causes of many accidents. If the driver endangered you, they could be considered as a reckless driver. When this happens, you may be able to pursue damages. It is also possible for criminal charges to result.
Inadequate or Insufficient Insurance
Although the driver of a motorcycle should have sufficient insurance coverage, it is possible that they will not. If this is true, you may be reluctant to file a claim. The coverage may not cover all of your losses which could result in you have to pay out of pocket or file a lawsuit against the driver. On the other hand the driver may lack insurance altogether. In this case it may be advisable to consult a motorcycle accident lawyer.
The Driver is Not At Fault
Some accidents are caused by the fault of another party, and not the driver of the motorcycle. This may only present a problem if the motorcycle driver does not have insurance or is underinsured. If this is true, compensation may still be available through your own insurance policy.
Call a Lawyer For Help Now
You might be facing a difficult decision. To help you make a choice that is backed up by logic and sound reason, please call a Woodland Hills motorcycle accident lawyer today.
Thank you to our friends and contributors at Barry P. Goldberg for their insight into motorcycle accidents and personal injuries.