What Are My Rights as a Passenger After a Motorcycle Accident?

The Aftermath of a Motorcycle Accident as a Passenger

Motorcycling is a pastime enjoyed by many across the country. Like many enjoyable pastimes, it is only natural that people would want to share it with their friends and family. Many motorcyclists do so by bringing along their friends and family on rides as passengers on their motorcycles. While this is a great way to bond and share the joys of riding, there also comes a level of risk.

Motorcycles are known for the level of danger that they represent to the rider when they are involved in an accident and the same goes for passengers as well. When a motorcycle accident occurs while a motorcycle is carrying an additional passenger, they are at just as much risk to suffer severe injury as well. In the aftermath of such a damaging accident, the question of what are a motorcycle passenger’s rights after an accident becomes a primary concern.

Who Might be Liable for a Motorcycle Passenger’s Injuries?

Motorcycle passengers that have been injured as a result of a motorcycle accident will likely have to contend with severe damages. The injuries received in these kinds of accidents tend to be significant and can put someone in a hospital for quite some time.

medical bill-gainesville stuart personal injury attorney-eberst law-motorcycle accident

This means expensive hospital bills to pay for everything from treatment, medication, hospital stay, and therapy. The time spent in recovery can also mean lost wages since they will likely be unable to work during this period. On top of all this are non-economic damages such as pain and suffering that is less easy to quantify but have a negative impact on a person’s life nonetheless.

These damages can be compensated by filing a motorcycle injury claim against a liable party whose negligence contributed to the accident, but determining who exactly is liable can be an ordeal in itself.

Some of the most common liable parties in a motorcycle injury claim filed by a motorcycle passenger include:

  • The operator of the motorcycle on which a plaintiff was a passenger
  • A driver of a car or truck that caused the accident
  • Both the driver of the motorcycle and the other driver(s) involved
  • A maintenance provider for the motorcycle or other vehicle involved
  • A parts manufacturer whose part in the motorcycle or other vehicle was defective

Motorcycle Passenger Safety

When considering taking a passenger on your motorcycle or when considering being a motorcycle passenger it is important to make safety a top priority in the event that something goes wrong. Wearing a motorcycle helmet is one of the best things a motorcycle passenger can do to decrease the likelihood of suffering a traumatic brain injury in an accident.

Motorcyclists that wish to take passengers should have a spare helmet available since passengers will typically not have one themselves. Motorcyclists are responsible for the safety of their passengers. Failure to provide basic safety equipment can come back to bite motorcyclist’s should they be involved in an accident with a passenger since they can be held liable for injuries they suffer.

Single Vehicle Motorcycle Accidents

When most people think of a motorcycle accident, they assume that there is more than one vehicle involved. A number of motorcycle accidents actually do not involve a collision with another vehicle. Motorcycles can lose control for a number of reasons and crash into static objects or wipe out. When this happens a motorcycle passenger might not have any other party aside from the operator of the motorcycle to consider liable for the injuries they suffered.

These injuries can still be just as severe as an accident with another vehicle. A motorcycle passenger will then have to prove the negligence of the operator in order to make their case for compensation.

On the other hand, a single accident can possibly be caused by a part defect as well, requiring a plaintiff to prove negligence in a product liability claim against a manufacturer or retailer.

Multiple Vehicle Motorcycle Accidents

In the event that a motorcycle accident involves more than one vehicle, a passenger injured in the accident may want to file a claim with the insurance of both vehicles’ operators and any additional parties that may be considered liable.

After an accident, it is imperative that a motorcycle passenger get the information of all parties involved. The process of filing the claim is very similar to when someone files a claim as a driver in an accident except the only difference is that all parties will likely have a claim filed with their insurance.

Consider Eberst Law Firm for Your Motorcycle Accident Claim

If you or a loved one have been injured in a motorcycle accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm.

Our experienced lawyers have a long track record of successful motorcycle accident claims that have recovered settlements that allow motorcycle accident victims to pay off their medical expenses, compensate their lost wages, and help ease the financial hardship in general that comes with the trauma of severe injury caused by accidents.

When you hire the Eberst Law team, you ensure that your case is taken on by a law firm that is willing to aggressively negotiate on your behalf for the settlement that you not only need but deserve. We are ready to fight your case. You can contact us online or call us at 772-225-4900.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994


Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601


Get Answers Now

Attorney Jon Eberst

Attorney Jon Eberst

Jonathan Eberst, the driving force behind The Eberst Law Firm, is known in his community and across Florida for knowledge and skill in the personal injury industry. Respected for his friendly and help attitude, he has consistently helped thousands of clients, ensuring their rights are upheld. Jon's profound expertise makes him a sought-after voice in the legal community, both online and in-person.

View All Posts