Liability for Motorcycle Passenger Injuries

A driver can be held responsible for motorcycle injuries befalling a passenger in an accident. The passenger can recover damages from both the driver of the motorcycle and the driver of the other vehicle involved in the accident.

Passenger Laws and Driver Responsibility

Drivers owe passengers in their vehicle, regardless of type, a duty of care. This duty requires them to operate the vehicle safely at all times. A passenger can sue the driver of the vehicle in which they rode or the other driver for their injuries. However, the amount of damages they receive may be reduced if they are found to have voluntarily assumed some of the risk of being injured or made their injuries more severe than they needed to be.

The passenger sues one or both drivers in a separate case, meaning that it is not combined with any lawsuit the driver of the motorcycle may file against the driver of the other vehicle. Because drivers of both vehicles could be liable, they may be held jointly responsible for any award.

Determining who is at Fault

Determining fault in a motorcycle accident case occurs through the same process as in any other personal injury lawsuit. First, a connection is established through one party's actions and the accident and any incurred injuries. Next, the injured party is analyzed to determine if they have some responsibility for their injuries.

In a motorcycle accident case, a passenger is usually considered to have voluntarily assumed the risk of being injured merely by riding on a motorcycle. Additionally, if they did not wear proper or legally required protective gear, such as eyeglasses or helmets, they may be found liable for a portion of their injuries. If they knew that the motorcycle operator was not experienced or was a reckless driver, they may be considered to have assumed the risk of being injured by agreeing to ride with them.

Defending against a lawsuit filed by a passenger on a motorcycle usually takes the form of demonstrating that the passenger contributed to the accident, or that they assumed the risk by riding on it. Most courts are willing to attribute some level of responsibility to the passenger, but will not completely disallow a passenger damages unless they were the cause of the accident.

Compensation Awards

The amount of compensation a passenger receives for their injuries depends on the severity of their injuries, recklessness with which the drivers operated their vehicles, any liability the passenger has for their injuries and the amount of financial losses they incurred. There is no specific calculation for determining compensation amounts. The average award in the area is an important factor in estimating an amount of damages.

Sometimes settlement awards are larger than damages awarded by a court or jury. This is because insurance companies want to induce the claimant to settle outside of court, thereby avoiding the fees and other costs associated with litigation.

Getting Legal Advice

If you were a passenger on a motorcycle and were injured, or you face a lawsuit by a passenger on your motorcycle, seek legal advice. An attorney will review your case and discuss your options.