While much attention is given to motorcycle drivers, passengers also face considerable risks on the road. In the aftermath of a motorcycle collision, injured passengers have the right to pursue justice and fair compensation. Here's what you need to know about filing motorcycle injury claims:
Right To Compensation
Passengers can seek compensation for economic and non-economic damages. Economic damages are tangible expenses like lost wages, property damage, medical bills, and rehabilitation costs. Victims with long-term or disabling injuries may claim future medical costs or lost earning potential.
Conversely, non-economic damages include intangible losses, such as physical pain, emotional distress, loss of consortium, and reduced quality of life. Although challenging to quantify, they are critical to recovery and often comprise a significant part of personal injury settlements.
Who Can Be Held Liable?
Determining the at-fault party is essential to the passenger's injury claim. Numerous parties may be held accountable depending on the accident's circumstances:
Motorcycle Operator: Passengers can pursue claims against drivers if they were impaired, intoxicated, speeding, or negligent while driving the motorcycle.
Involved Vehicle Driver/s: Motorcycle crashes frequently happen due to failure to yield or reckless behaviors. If their negligence is proven, passengers can file claims against them. Sometimes, passengers can file claims against the motorcycle operator and the other driver if both are at fault.
Motorcycle Manufacturer: Under product liability laws, passengers can file claims against the manufacturer or distributor if faulty brakes, tires, or other parts were found to have caused the accident.
Government Entities: Poor road designs, lack of signage, or road hazards can cause motorcycle collisions. These defects can point to negligence by a government entity responsible for maintaining roads, and injured passengers can pursue claims against them.
Passenger: Although rare, the passenger may be partially liable. Under Florida's comparative fault law, the compensation may decrease in proportion to the share of fault. Some situations where passengers may be liable include:
- Interfering with the driver's ability to operate the motorcycle safely
- Agreeing to ride knowing that the driver is unlicensed or intoxicated
- Riding on a motorbike not built to carry two individuals
Compensation Considerations
Unlike in car accidents, Florida's no-fault PIP (Personal Injury Protection) insurance doesn't cover motorcycle riders. So, passengers often need to explore alternative compensation sources. One option is MedPay coverage, which helps pay immediate medical expenses, regardless of fault. However, coverage limits may be low.
Passengers can also file claims under a bodily injury liability coverage if the at-fault party has one. However, if defendants are uninsured or lack sufficient coverage, they can compensate passengers through UM/UIM policies.
Know Your Rights In Motorcycle Accident Claims
Getting injured in accidents can be devastating, but you don't have to face the challenges alone. Passengers must understand certain conditions and insurance policies to secure fair recompense, especially when multiple parties are involved. Hale Law can guide you through your legal protections and options when pursuing a motorcycle accident lawsuit. Talk to our Florida attorneys to get started.