Who Is Responsible for Injuries Caused to a Motorcycle Passenger?
Key Takeaways:
Motorcycle passengers in Colorado are almost never considered at fault for a crash, and they have the right to pursue compensation from any negligent party involved. Depending on the circumstances, liability may fall on the motorcycle driver, another motorist, a vehicle manufacturer, a repair shop, or even a government entity responsible for unsafe road conditions. Injured passengers can often seek compensation through multiple insurance policies, including the at-fault driver’s coverage, the motorcycle operator’s policy, and their own UM/UIM or MedPay benefits. To protect your rights, it’s critical to document the scene, seek prompt medical care, track all injury-related expenses, and work with an experienced motorcycle accident lawyer who can help build a strong case and negotiate for full compensation.
Riding on the back of a motorcycle can be an exhilarating experience. It allows you to enjoy the thrill of a ride even if you don’t own or know how to operate a motorcycle. But it’s important to understand that this thrill also comes with risks. Motorcycle accidents are a common occurrence on Colorado roads, and passengers can suffer serious injuries in the event of a crash.
If you’ve been injured in a motorcycle accident as a passenger, you most likely have a lot of questions. What are your rights? Who will pay for your medical bills? Can you file a lawsuit to recover compensation? The good news is that you have rights as a motorcycle passenger and with the assistance of an experienced motorcycle accident lawyer, you can hold the negligent party liable for your injuries.
Potential Parties Who May Be Liable for Your Motorcycle Accident Injuries
When a motorcycle accident occurs, passengers are almost never considered to be at fault for the crash. In Colorado, motorcycle passengers are generally considered to be an innocent party in the accident. It’s extremely rare for your actions to cause the crash, and you have the right to file a motorcycle accident claim to recover compensation from any parties that are deemed to be at fault.
The specific circumstances of the accident will determine who’s liable, but there are several potential parties who may be held responsible for your injuries:
- The motorcycle driver may be held liable if their negligent actions caused the crash. This may include weaving through traffic, speeding, lane splitting, driving under the influence or failing to follow traffic laws
- If the driver of another vehicle involved in the accident acted negligently, they may be held liable for your injuries. Speeding, distracted driving, failure to yield the right of way or driving under the influence are all potential actions that may cause another driver to be responsible for the motorcycle accident.
- The vehicle manufacturer can potentially be responsible for your injuries if the motorcycle accident was caused by a defective part on one of the vehicles involved.
- A repair shop can potentially be held liable if they acted negligently in performing a repair to one of the vehicles involved, and this faulty repair caused the accident.
- Government entities may potentially be liable if poor road maintenance or unsafe road designs caused the accident.
In some instances, more than one party may be determined to be partially responsible for the motorcycle accident. In these situations, you can seek compensation from all liable parties as part of your motorcycle accident lawsuit.
Pursuing Compensation Through Insurance
When you’re a passenger in a motorcycle accident, you may potentially be able to pursue compensation from multiple insurance policies. This provides an important safety net in the event that the primary at-fault driver’s policy doesn’t have sufficient coverage to fully compensate you for your damages.
Depending on the specifics of your accident, you may be able to pursue compensation from one or more of the following insurance policies:
- The other driver’s car insurance (if they’re liable for the accident)
- The motorcycle driver’s insurance (if they’re liable for the accident)
- Your auto insurance policy’s uninsured/underinsured motorist coverage
- Your own MedPay coverage
- Your personal medical insurance
What Damages Can Motorcycle Accident Passengers Recover?
As a motorcycle passenger injured in an accident, you can seek compensation for a wide range of damages that will help you recoup costs for both immediate and long-term expenses associated with your injuries. You can also seek non-economic damages to compensate you for losses that don’t have a specific monetary value.
The damages you can recover will depend on the specifics of your case and may include:
- Current and future medical expenses associated with your injuries
- Rehabilitation costs, such as physical therapy
- Lost wages for time missed from work while you recover
- Reduced earning capacity (if your injuries prevent you from performing your job moving forward and limit your ability to earn a comparable income in another field)
- Pain and suffering
- Emotional distress and PTSD
- Functional Impairment
- Physical Disfigurement (scarring)
What to Do If You’re a Passenger Injured in a Motorcycle Accident
Motorcycle accidents can be stressful and overwhelming events, and many people don’t always know the important steps to take after being injured as a motorcycle passenger. But the actions you take following the motorcycle accident play a critical role in your ability to protect your rights and maximize the value of your compensation.
Important Actions at the Accident Scene
If you’ve been seriously injured, the most important step to take is to request emergency medical services at the accident scene. But if you’re physically able to take the following actions, they will help you build your motorcycle accident case:
- Gather Driver Information – Write down the names, contact information, vehicle information and insurance information for all drivers involved in the motorcycle accident.
- Document the Accident Scene – Take photos of the accident scene, including any damage to vehicles, positioning of vehicles (if they haven’t moved to the side of the road), and items such as skid marks on the road which may provide evidence that demonstrates who was at fault. You should also take pictures of any visible injuries you have.
- Talk to Witnesses – If there are any eyewitnesses to the motorcycle accident, take down their names and contact information. Their testimony can provide powerful evidence when proving fault during a future lawsuit.
Seek Medical Attention Right Away
It’s important to visit a doctor within the first 24-48 hours after the motorcycle accident, even if you don’t appear to be injured. Often, it can take days or even weeks to develop symptoms from certain motorcycle accident injuries, especially if you’ve suffered a brain injury. Getting examined by a doctor right away will ensure you receive all necessary treatments in a timely manner. Prompt treatment can mean the difference between making a full recovery and experiencing long-term complications from your injuries.
In addition, failing to seek prompt medical treatment can potentially jeopardize your ability to maximize the value of your compensation. Insurance companies may try to claim that your actions in delaying medical treatment exacerbated your injuries, and they may use this argument to reduce the amount of money they need to pay on your claim. By seeking treatment right away, you prevent this issue from arising.
Document Your Injuries
Documenting your injuries throughout the healing process can help you demonstrate the severity of your injuries. This can play an important role in maximizing the value of your compensation. You can help provide clear documentation of your injuries by:
- Keeping detailed records of all medical bills, imaging results, treatment plans and communications with your care team
- Taking regular photos of your injuries as they heal to document the progression of the recovery process
- Jotting down detailed notes about how your injuries are affecting your daily life, including your ability to work, perform routine daily activities and participate in your favorite activities
Organize Records of Your Expenses
Keeping track of the money spent on your injuries can help you accurately document the value of your financial losses. Save copies of all:
- Medical bills
- Transportation costs to appointments
- Necessary home modifications
- Repairs and replacements for damaged property
If you were forced to miss work due to the accident, keep any pay stubs or other documents that can help you show the extent of your lost income.
Speak with an Experienced Motorcycle Accident Lawyer
Motorcycle accident claims are highly complex, and it’s important to work with an experienced motorcycle accident attorney who can make sure your rights are protected throughout the process. An experienced lawyer will help you investigate the circumstances of accident and gather the proper evidence necessary to build a strong case. Your attorney will also negotiate with the insurance company on your behalf and make sure any settlement offers adequately compensate you for the total value of your damages. In addition, your motorcycle accident lawyer will make sure all filing deadlines associated with your case are met.
Pushchak Law Can Help
If you’re a motorcycle passenger who was injured in an accident, you’re entitled to recover compensation for your damages. At Pushchak Law, we’re here to help.
Brian Pushchak has made motorcycle accident cases a primary focus of his practice. He understands the unique nuances associated with representing injured motorcycle accident passengers, and this expertise can give you the edge you need when seeking to maximize the value of your compensation.
Mr. Pushchak has developed a unique Informed Decisions™ Approach focused on helping you achieve the best possible outcome for your case. With this approach, you remain in control of the entire process, and Mr. Pushchak will provide you with all the information you need to truly understand your legal rights and options. After discussing your goals for the case with you in detail, he’ll recommend the best strategy to achieve your desired outcome. But you will always have the final say on how we handle your case. This ensures Mr. Pushchak remains aligned with your best interests and unique goals at all times.
Contact us today to schedule a free consultation. Pushchak Law serves clients in Denver and the surrounding areas.
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