Motorcycle passengers injured in accidents have distinct legal rights from riders and motorists. Passengers typically bear no fault for crashes, simplifying liability issues while creating unique considerations about who to sue and what coverage applies.
Passenger Fault Considerations
Passengers generally have no control over motorcycle operation and bear no responsibility for crashes. This absence of fault strengthens passenger claims.
Unlike riders who might share fault through speed or inattention, passengers are typically innocent victims entitled to full compensation.
Rare exceptions exist - passengers who grab handlebars, interfere with operation, or cause distractions might share fault. These situations are uncommon.
Potential Defendants in Passenger Claims
The motorcycle operator may be liable if their negligence caused the crash. Passengers can sue riders who were speeding, impaired, or otherwise negligent.
Other drivers whose negligence caused the accident are also liable to passengers. Car drivers who hit motorcycles face claims from both rider and passenger.
Multiple defendants often share liability. Both the motorcycle rider and another driver may have contributed to the crash.
Insurance Coverage for Passengers
The motorcycle operator's liability insurance covers passengers when the rider is at fault. Passenger injuries are bodily injury claims against the policy.
Other drivers' liability insurance covers passengers when those drivers caused the accident. Standard auto policies cover injuries to motorcyclists and passengers.
Passengers' own auto policies may provide coverage. UM/UIM coverage and MedPay on your own car insurance often extend to motorcycle accidents.
When the Rider Is at Fault
Suing someone you know - often a friend, romantic partner, or family member - creates difficult personal dynamics. However, remember you're claiming against their insurance, not them personally.
Insurance exists precisely for these situations. The rider's policy protects both rider and injured passengers from the financial consequences of accidents.
Most claims settle with insurers without personal conflict. The rider's insurer pays; your relationship need not suffer.
When Another Driver Is at Fault
Claims against other drivers proceed like standard third-party claims. You prove their negligence caused the crash and your injuries.
Passenger status may actually strengthen claims against other drivers. Juries understand passengers as innocent victims who couldn't have prevented crashes.
Evidence gathering proceeds normally - police reports, witness statements, and physical evidence establish the other driver's fault.
Shared Fault Situations
When both the rider and another driver share fault, both may be liable to passengers. You can pursue claims against both parties.
Joint and several liability in some states allows recovery of the full amount from either party. Other states apportion liability based on fault percentages.
Multiple insurance policies may contribute to passenger compensation, increasing available coverage.
Damages for Passenger Injuries
Passengers recover the same damages as other accident victims - medical expenses, lost wages, pain and suffering, and other compensable harms.
Because passengers typically bear no comparative fault, their recovery isn't reduced by fault percentage. Full compensation is available.
Serious injury damages including permanent disability, disfigurement, and loss of enjoyment of life apply to passenger claims.
Helmet Law Considerations
Passengers in states without helmet laws who weren't wearing helmets may face defense arguments about contributing to head injuries.
These arguments typically only affect head-related damages, not the entire claim. Passengers don't lose claims for other injuries.
State law variations affect how these arguments work. Some states prohibit reducing damages for safety device non-use.
Passenger Rights and Responsibilities
Passengers have the right to safe transportation. Riders owe passengers a duty of reasonable care.
If you recognize a rider is impaired or riding dangerously, asking to stop is reasonable. Continuing to ride with obviously impaired operators may create comparative fault issues.
Generally, passengers have no duty to investigate rider competence before accepting rides. Normal assumptions about safety are reasonable.
Insurance Considerations for Frequent Passengers
If you frequently ride as a motorcycle passenger, ensure your own auto policy has adequate UM/UIM and MedPay coverage.
Your coverage typically extends to motorcycle accidents even though you don't own a motorcycle. Review your policy to confirm.
Adequate coverage protects you when riders or other drivers lack sufficient insurance to compensate your injuries.
Pursuing Passenger Claims
Document the accident and your injuries just as any victim would. Medical records, expenses, and impact documentation support your claim.
Identify all potentially responsible parties and their insurance coverage. Multiple sources may contribute to your compensation.
Consult an attorney who can navigate the relationships and insurance issues unique to passenger claims.