As a motorcycle passenger, you put your trust in the driver to keep you safe. However, accidents can happen, and when they do, you may find yourself injured in a motorcycle accident and unsure of where to turn. Although the driver of the motorcycle may carry insurance for passengers, it may not adequately cover your present and future medical bills, lost wages, and other losses. Speak with a motorcycle accident lawyer to understand your rights to pursue compensation for accident-related damages.
The lawyers at Goza & Honnold understand that as a passenger, you have little to no control over whether an accident occurs. Injured motorcycle passengers may be able to file a lawsuit against the motorcycle driver, other motorists, their own insurance company, or the entities responsible for road maintenance on which the accidents occurred. At Goza & Honnold, we can help you by providing a comprehensive case assessment, guiding you through your legal options and rights.
Understanding Your Rights After a Motorcycle Accident
As a motorcycle passenger, it’s essential to understand your rights after an accident. You may be entitled to seek compensation for damages, including medical expenses, lost wages, and pain and suffering. However, the process of seeking compensation can be complex, and it’s crucial to have a clear understanding of your rights and options.
In most states, motorcycle passengers have the right to file a personal injury lawsuit against the at-fault party. This can include the motorcycle driver, other drivers involved in the accident, or even the manufacturer of the motorcycle. However, the specific laws and regulations regarding motorcycle accidents vary by state, so it’s essential to consult with a motorcycle accident lawyer to understand your rights and options.
Your Rights in a Motorcycle Passenger Injury Claim
In a motorcycle accident involving only the vehicle you were riding, the motorcyclist may be liable for your accident-related damages. You may pursue a motorcycle accident claim if the motorcyclist acted with negligence, which can include one or more of the following:
- Riding recklessly
- Speeding
- Riding too fast for the road conditions
- Not following traffic signs or regulations
- Running stop signs or other traffic control devices
- Riding while impaired
Motorcycle accidents can result in severe injuries, and in some cases, even fatal injuries, highlighting the importance of understanding your rights as a passenger.
Motorcyclists owe a reasonable duty of care to passengers and others sharing the road, which means they must operate the motorcycle safely. If motorcyclists violate their duty of care and cause an accident involving injuries, the motorcyclist may be liable to pay accident-related losses in a personal injury lawsuit.
Passengers must also adhere to a duty of care when riding. If passengers contribute to the accident, they may be partially liable for accident damages.
Motorcycle accidents involving other vehicles may cause injuries to motorcycle operators and passengers. Commonly, two-vehicle motorcycle accidents occur when motorists fail to notice oncoming motorcycles and turn out in front of them or when drivers change lanes into the paths of motorcyclists. In cases where a motorist is liable for a motorcycle accident, a motorcycle passenger may file a lawsuit seeking damages from the third-party driver. If the accident includes multiple at-fault drivers, they may all be held liable for the motorcycle passenger’s injury.
Liable Parties in a Motorcycle Accident
Determining liability is a critical step in seeking compensation after a motorcycle accident. There are several parties that may be liable for damages, including:
- The motorcycle driver: If the motorcycle driver was negligent or reckless, they may be liable for damages.
- Other drivers: If another driver was involved in the accident, they may be liable for damages.
- Vehicle manufacturers: If the motorcycle or another vehicle involved in the accident was defective, the manufacturer may be liable for damages.
- Road maintenance companies: If the accident was caused by poor road conditions, the company responsible for maintaining the road may be liable for damages.
It’s essential to work with a motorcycle accident lawyer to determine liability and seek compensation from the responsible parties.
The Importance of Evidence in a Motorcycle Accident
Gathering evidence is crucial in building a strong motorcycle accident claim. This can include:
- Witness statements: Statements from witnesses can help establish what happened during the accident.
- Police reports: Police reports can provide valuable information about the accident, including the parties involved and any citations issued.
- Physical evidence: Physical evidence from the accident scene, such as skid marks or debris, can help establish what happened during the accident.
- Medical records: Medical records can help establish the extent of your injuries and the medical expenses you’ve incurred.
Working with a motorcycle accident lawyer can help you gather and preserve evidence, which is essential in building a strong claim.
Statute of Limitations for Motorcycle Accidents
The statute of limitations for motorcycle accidents varies by state. This is the time limit for filing a personal injury lawsuit, and it’s essential to understand the statute of limitations in your state to ensure you don’t miss the deadline.
In general, the statute of limitations for motorcycle accidents ranges from one to three years, depending on the state. However, there may be exceptions to this rule, and it’s essential to consult with a motorcycle accident lawyer to understand the specific laws and regulations in your state.
Recoverable Compensation in a Motorcycle Passenger Injury Claim
In a successful motorcycle passenger injury claim, several types of compensation may be recovered, including the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Punitive damages
The compensation awarded will depend on many factors, including the severity of the injuries sustained, the extent of the property damage, and the impact the accident has had on the injured motorcycle passenger’s life. Working with the lawyers at Goza & Honnold can help ensure you receive the compensation you are entitled to under the law. We fight to protect your legal rights throughout the entire legal process. A personal injury lawyer can help you understand the types of compensation you may be entitled to and ensure you receive the maximum amount possible.
Negotiating with Insurance Companies
Negotiating with insurance companies can be a challenging and complex process. Insurance companies often try to minimize payouts, and it’s essential to work with a motorcycle accident lawyer to ensure you receive fair compensation for your injuries.
A motorcycle accident lawyer can help you navigate the negotiation process and ensure you receive the compensation you deserve. They can also help you understand the insurance company’s offer and advise you on whether to accept or reject it.
It’s essential to remember that insurance companies are not always looking out for your best interests. They may try to offer you a low settlement or deny your claim altogether. Working with a motorcycle accident lawyer can help you level the playing field and ensure you receive the compensation you deserve.
Contact the Motorcycle Passenger Injury Lawyers at Goza & Honnold
Being injured as a passenger on a motorcycle is a traumatic experience that can impact your physical, emotional, and financial well-being. It is your right to pursue a personal injury claim to help you recover the compensation you need to cover medical expenses, lost wages, and other accident-related damages. With the lawyers at Goza & Honnold on your side, you don’t have to go through the legal process alone.
We are dedicated to fighting for your rights, so you can rest assured you will receive the legal guidance and counsel necessary to have the best chance possible of recovering compensation for your injuries. Schedule a no-cost consultation with one of our motorcycle accident lawyers by filling out our contact form or calling (913) 451-3433.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.