Several parties can be responsible for passenger injuries in a motorcycle crash. Establishing fault is a critical step as a passenger injured in a motorcycle accident, so you know who you can pursue for compensation.
Understanding how the accident occurred and who was involved can help you determine how to move forward with an insurance claim or personal injury lawsuit. Consult with a Michigan motorcycle accident lawyer to learn how to establish responsibility and pursue the compensation you deserve.
Potential Responsible Parties for Passenger Injuries in a Motorcycle Accident
Motorcycle drivers and passengers are at higher risk for injury than those in motor vehicles. Even when bike passengers wear appropriate protective clothing, they are at risk of catastrophic and fatal injuries. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that individuals on motorcycles are almost 24-times more likely than passenger car occupants to die in motorcycle crashes.
If you suffered injuries as a passenger on a motorcycle, the first step is determining who was at fault for the accident. At-fault parties may include:
- The motorcycle driver
- Drivers of other involved vehicles
- Other driver’s employer, such as a shipping or delivery company
- Municipal organization responsible for road maintenance and repairs
- Landscapers, construction companies, and utilities responsible for debris in the road
Common Causes of Motorcycle Accidents
Establishing fault typically relies on finding how the accident occurred. Common motorcycle accident causes include:
- Distracted or inattentive driving
- Driving while intoxicated
- Speeding or aggressive driving
- Debris in the roadway
- Poor road condition or repair
Whether your injuries occurred due to the motorcycle driver’s behavior or another party, you have a legal right to seek compensation for your losses.
Seeking Damages For a Passenger in a Motorcycle Accident
A personal injury claim against the at-fault party allows you to seek financial compensation for the losses you suffered. As a motorcycle passenger, these losses may include:
- Current and future medical expenses
- Lost current and future medical income
- Pain and suffering
- Emotional and mental distress
- Reduced quality of life
Damages you can pursue for your motorcycle passenger accident injuries can differ depending on the circumstances of your accident. Consult with a personal injury attorney familiar with motorcycle accidents in your state to learn which damages you can claim.
Pursuing Motorcycle Passenger Injury Compensation Through Insurance
Injured passengers on a motorcycle can pursue damages through an insurance claim. However, the insurance policy you file the claim with will differ based on the details of the crash.
Personal Injury Protection Insurance
Personal injury protection (PIP), also called no-fault insurance, is coverage offered in some states. Michigan is one such state that requires PIP coverage for those operating cars As the name implies, no-fault insurance offers coverage for motor vehicle drivers and passengers regardless of who was at fault for the accident. However, motorcycle accidents are typically excluded from PIP coverage unless they involve a motor vehicle such as a car or truck.
Check with a personal injury attorney to learn whether PIP insurance is available, and if it applies to your motorcycle accident injuries. In Michigan, you would seek damages through the other driver’s PIP, but only if they were operating a motor vehicle. Michigan does offer coverage through the Michigan Assigned Claims Plan (MACP) if you cannot seek PIP damages.
Motorcycle Insurance
Motorcycle insurance may cover expenses related to passenger injuries, including medical bills and some income loss. Since motorcycle coverage often focuses on property damage rather than injury coverage, you should review the motorcycle driver’s policy before filing a claim for your losses.
Motor Vehicle Liability Insurance
If the motorcycle accident that caused your injuries was caused by a motor vehicle operator’s negligence, you could file a claim against their insurance. Most states require drivers to carry liability insurance to cover personal injury, lost income, and property damage related. Unlike PIP coverage, you must be able to show that the at-fault party was responsible, directly or indirectly, for your accident injuries.
Liability coverage may have limitations, such as a maximum claim value or limitations on non-economic damages. Depending on the extent and severity of your injuries, you may have to file a lawsuit against the at-fault party and their insurance company to recover your full damages.
Uninsured/Underinsured Motorist Coverage
If you or the motorcycle rider have uninsured/ underinsured motorist coverage, you may be able to recover additional compensation over the liability policy limits. This coverage may also apply if the driver who caused the accident did not carry any insurance at all. Check the motor vehicle policy to determine whether you have grounds to file a claim as a motorcycle passenger.
Private Medical Insurance
If you cannot recover financial compensation through personal injury protection or motor vehicle coverages, you may be able to recover some or all of your medical expenses through your private medical insurance provider.
While your medical insurance carrier may initially cover some of your injury-related expenses, they may try to recover the costs if you sue the at-fault party for medical expenses.
Filing a Motorcycle Accident Lawsuit as an Injured Passenger
Since motorcycle accidents can cause such significant life-altering injuries, insurance policies do not always cover the full scope of your losses. As a passenger injured in a motorcycle accident, you still have a legal right to seek compensation for your total losses.
A motorcycle accident lawsuit allows you to recover compensation beyond the amount covered by insurance policies. Many insurance carriers only cover economic losses like lost income and medical expenses, which can leave you uncompensated for less tangible losses like pain and suffering.
You deserve compensation for all the ways a motorcycle accident affected your life. A skilled motorcycle accident lawyer can help you file a personal injury lawsuit to recover maximum damages for your losses.
Hiring a Motorcycle Accident Attorney to Represent an Injured Passenger
As a passenger in a motorcycle accident, you may consider tying your injury claim to the motorcyclist’s claim and using the same representation. However, this may not be in your best interests if the motorcycle driver was wholly or partially at fault.
In addition, insurance companies, even when they seem to be on your side, are motivated to settle for as little as possible. A lawyer can help you navigate the complexities of the legal process while representing your interests.
You therefore benefit from hiring a motorcycle accident attorney to represent you specifically. A motorcycle accident lawyer can help you determine who was at fault, gather evidence to support your case, and negotiate with the other parties and insurance companies on your behalf. If necessary, the attorney can file a personal injury lawsuit against the parties responsible for your injuries and represent you before a judge or jury.
Speak With a Motorcycle Accident Attorney To Learn More About Passenger Rights
At Christensen Law, we understand the personal and legal complexities that can arise after a motorcycle passenger injury. We are here to provide you with the legal support you need to recover compensation you deserve. No matter who is responsible for your motorcycle accident injuries, you should not have to pay for the losses you suffered.
Contact our motorcycle accident lawyers today to schedule a free consultation about your motorcycle passenger injury claim.
