Motorcycle Passengers: Who Is Responsible for Injuries?
Injuries are all too common when a motorcycle is involved, whether it's a single-vehicle accident or a collision, which usually ends up far worse for the motorcyclist and their passenger.
Passengers have legal recourse to claim damages for their injuries from the motorcycle operator, any other vehicle operators involved in the accident, or both. Furthermore, certain accidents that are caused by faulty equipment can open up the manufacturer to liability for passenger injuries.
What matters in the eyes of the law is whether or not any of the operators, or manufacturers, were negligent in their actions in such a way that the crash could have been otherwise prevented.
Read on to find out what causes motorcycle accidents, what injuries may ensue, and what legal options passengers have in different cases.
Motorcycle Accidents are Frequent and Caused by Many Factors
Motorcycles are dangerous vehicles that, due to riding lower to the ground than cars or trucks, make them less visible and easier to hit by accident. Having only two wheels makes them less secure and more prone to sliding out or otherwise losing control.
Unsafe road conditions often cause motorcycle accidents. This is why it is so important to never get on a motorcycle in rain or snow.
Leading causes of motorcycle accidents include:
- Distracted driving
- Driving while intoxicated (DUI)
- Bad weather
- Car or truck drivers who don’t see the motorcycle
- Poor vision at night
- Speeding
- Reckless driving
- Running through stop signs or red lights
Motorcycle Injuries: Deadly Serious
Motorcycles are the deadliest vehicle on American roads, with approximately 5,000 deaths per year from motorcycle accidents. A great many of these deaths could be prevented if the operator and/or their passenger was wearing a helmet, so never forget to wear your helmet when you get on a bike!
Even if not fatal, other injuries that a motorcycle passenger can sustain include:
- Traumatic brain injury (TBI) - this is a very serious condition resulting from brain damage sustained in a serious concussion that can often last for life. The full impacts of TBI are still not fully understood but can involve mood swings, memory loss, and premature death
- Broken neck or spinal cord damage - either of these can render a victim paralyzed from the waist down or fully paralyzed for life
- Broken ribs and other fractured bones
- Internal bleeding - this is a deadly serious condition that is fatal without surgical intervention. Signs of internal bleeding include dark coloration on the abdomen or vomiting blood
- Heavy bruising
- Serious lacerations requiring stitches
- Loss of limbs
Who is Liable When the Motorcycle is Struck by Another Vehicle?
Determining who is responsible for a crash is often a tricky process that may involve the police, eyewitnesses, and most certainly the relevant auto insurance companies. Generally, depending on whether you live in a “fault” or “no-fault” state, one’s own insurance company or the other driver’s insurance company will pay for damages and medical bills, including for the passenger.
For any amount above that which is covered by the insurance policy, the driver deemed to be responsible for the accident can be held personally liable and can be sued in civil court for the damages claimed by the injured passenger.
There may well be scenarios in which both or more drivers are responsible for the accident. In such a case, the passenger can potentially claim damages from both operators.
Who is Responsible for Single-Vehicle Crashes?
If the motorcycle operator was negligent in their actions leading up to the crash, the passenger can hold them liable for injuries that they sustain in the accident.
Alternatively, in either single or multi-vehicle accidents, some crashes are caused by malfunctioning equipment. This could include faulty tires, bad brakes, or a problem with the fuel tank. In these cases, if you can demonstrate that the fault lies with the manufacturer, they can be sued for civil damages, including paying for medical bills, pain and suffering, and other costs associated with damage and recovery.