A Look at the Rights of a Motorcycle Passenger Victim
Michael Babboni
Law
Florida is one of the most popular places to find people riding motorcycles. The weather is usually moderate and warm, and there are plenty of sunny days to get out and enjoy a ride. However,motorcycle accidents are just as prevalent.To avoid an accident, riders and other motorists need to pay close attention to their surroundings, maintain a safe speed and distance, and practice other safe driving habits.
However, even those who are careful can still find themselves as the victims of a motorcycle accident. The passenger is just as vulnerable as the driver.
If you or someone you know were recently the passenger in a motorcycle accident, let's take a look at the rights of the passenger victim that you should know about.
Protective Gear and Accident Liability
Just as the driver should wear protective gear, so should the passenger on a motorcycle for the same reasons. Having protective outerwear can lessen the damage that happens if you are in a collision or fall off the bike. There is also a bit of trust involved for the passenger because you leave your safety up to the driver.
When you are in an accident, the motorcycle operator is likely the one responsible for your injuries and any other damages. So, it is in the best interests of everyone if you both wear the right protective gear.
Recovering Damages as a Passenger
If you are injured as the passenger, you can potentially recover damages from the motorcycle operator, the operator of the other vehicle, and sometimes the motorcycle manufacturer if a defective part caused the accident.
The accident is very rarely going to be the passenger's fault, so this type of personal injury case is typically easy to try. However, depending on the case type, the passenger may have different rights.
Motorcycle was the Only One Involved
If the motorcycle was the only one involved in the accident and no other vehicles were involved, it was considered a single-vehicle motorcycle crash. If this is the case, then the passenger's only case will be the motorcycle operator, and the passenger will have to prove negligence.
To prove negligence, the passenger must prove liability for the damages by proving the driver was at fault. These accidents usually happen when the operator hits something or lays the bike down while driving recklessly.
More Than One Vehicle
Suppose you are a passenger invovled in a motorcycle accident that included another vehicle. In that case, the claim will be filed against the motorcycle driver and the other drivers involved. You can hold one party responsible only if you can prove without a doubt that all the fault was on that one driver.
Defective Parts
If the accident was caused by a defective part that caused the operator of the motorcycle to lose control over the bike and crash, then the manufacturer or builder of the motorcycle may be at fault.
Some common causes of defective part accidents include brake failure, faulty tires, fuel system malfunction, dangerous and faulty design issues, and general manufacturing defects.
After the Accident
After the accident, collect as much evidence as you can to help your future case. The more evidence you can gather, the stronger your case will be and the less likely you will have to pay out of pocket for your medical costs and other damages resulting from the accident.
To learn more about your rights as a motorcycle passenger during an accident, contact an experienced personal injury attorney today to see if you have a case.