If you are a passenger on a motorcycle and are injured in an accident, you should retain the services of an experienced motorcycle attorney. When you are a passenger on a motorcycle and you are injured, it may not be as straight-forward of a case if you were the operator of the vehicle involved. Determining who is liable will depend on the evidence provided and a motorcycle attorney may be able to provide the best path forward to obtaining a positive result.
The Motorcycle Accident Basics
In 2017, there were approximately 9,700 motorcycle accidents reported in Texas. Out of that number, there were 794 reports of passenger injuries; 301 wore a helmet, 462 did not wear a helmet. 31 of the victims’ statistics revealed that authorities were not sure if the safety gear was worn.
Before we continue, there are two main things to not do when you are involved in any type of accident:
- Do not admit fault
- Do not sign any documents unless a lawyer has reviewed them first
When an individual is riding on a motorcycle and there is a crash, the rider can receive compensation for his or her injuries. Whether the accident was the motorcyclist’s fault, or there was another vehicle responsible for the collision, the driver who causes the crash is accountable for damages, medical expenses, etc.
If you were a passenger on a motorcycle and are injured, you might not understand what your rights are. Even if the motorcyclist has insurance for his or her passengers, it might not be adequate to help you with your costs; like medical bills, loss of income, and additional costs.
Most drivers know what their rights are, but riders’ rights might be different. You might want to discuss your legal possibilities and rights with a qualified personal injury attorney in Texas.
If the bike had defects that played a role in the motorcycle accident while you, the passenger, are injured, the manufacturer might be responsible. Motorbike accident passenger cases are typically more cut and dry cases than other types of personal injury claims; and are simpler to settle. Why, you might wonder? Because a passenger hardly ever causes a collision.
Continue reading for more information about different scenarios involving motorcycle accidents and passenger injuries…
- One vehicle was involved in the crash – one motorbike
- Two vehicles are involved in the collision – E.g., a bike and a car, and
As stated above, was the bike defective? If so, the manufacturer of the motorcycle might play a role in your injuries as a passenger.
How to Determine Who is at Fault?
The investigator who examines accident scenes needs to determine who is at fault. That is one of the initial procedures with an investigation. It is much simpler to proceed with a personal injury lawsuit when you are a passenger rather than a driver because passengers are rarely at fault.
Unless you did something on purpose which contributed to the motorcycle crash, you might be able to receive compensation for your injuries, pain and suffering, loss of income, or additional costs. The judge must determine a few things regarding the accident:
- Did the motorbike driver act in a negligent and reckless manner?
- Was there another vehicle involved in the crash?
- Were there any defects on the bike that could have contributed to the collision?
In each of the above situations, who is at fault matters to the litigation.
Your personal injury lawsuit will directly rely on the circumstances of the accident. A wipe-out, for example, is a well-known kind of injury, and the motorbike operator might be responsible. However, in some situations, the driver and the passenger might be able to sue; if there were manufacturer defects.
According to the Centers for Disease Control and Prevention “Motorcycle crash deaths are costly, but preventable. The single most effective way for states to save lives and save money is a universal helmet law.” As we mentioned above, many injuries happened because bike riders were not wearing helmets.
If you were a passenger on a motorbike and were injured, you will want to consult with a Motorcycle Accident Attorney to learn more about your legal options and rights.
If you have been injured in a motorcycle accident in Texas, call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
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Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
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