I WAS INJURED AS A PASSENGER IN A MOTORCYCLE ACCIDENT? WHAT ARE MY RIGHTS?
Posted on Monday, November 21st, 2016 at 2:11 am
Motorcycling is increasing in popularity in Sacramento and throughout the United States. As more people search for cost-effective means of transportation, motorcycles are becoming a solution. For many, it is more about enjoying the beautiful weather and gorgeous scenery in and around Sacramento. Whatever the reason, motorcycling is becoming a very popular activity.
Unfortunately, other drivers may not pay enough attention to the road to notice motorcycles. Distracted, aggressive, and impaired driving are common reasons for motorcycle accidents. Road debris and road conditions also account for a large number of motorcycle accidents. While many people focus on the motorcyclist being injured in a crash, motorcycle passengers are also at a high risk for serious injury in a crash.
Motorcycle Passengers Need To Take Precautions
As a motorcycle passenger, it is your responsibility to take some precautions to prevent an injury in the event of a collision. Wearing a motorcycle helmet and protective gear is one way to protect yourself. Another way to protect yourself is never to get on a motorcycle with a person who has been drinking or taking drugs. Trust your instincts — they could save your life.
Unfortunately, motorcycle passengers do not have control over the motorcycle or other drivers. This places the passenger in a very vulnerable position. In a motorcycle collision, the passenger is just as much at risk for serious injury as the driver. The passenger lacks protection from the impact of the collision. Furthermore, because the passenger is on the rear of the motorcycle, the passenger is especially at risk from rear-end collisions.
Who Can A Motorcycle Passenger Sue After A Crash?
If you are injured as a motorcycle passenger, you may be entitled to recover compensation from one or more parties. Who you sue after a motorcycle accident depends on the facts of the case. You could potentially recover damages from:
- The driver or drivers or the other vehicles involved in the collision;
- The motorcycle operator;
- A manufacturer for a defective part;
- Repair shop or mechanic for defective work; or,
- A government entity (i.e. faulty road design.
It is crucial that you name the correct party in a lawsuit to recover compensation for your damages. To receive compensation for damages, you must prove negligence. For example, if the motorcyclist was speeding at the time of the crash, you may have a claim against the driver. If another driver fails to yield the right of way and causes the collision, you claim would be against the other driver. However, if the motorcyclist is speeding and another driver fails to yield the right of way, you could have a claim against both individuals.
An experienced Sacramento motorcycle accident attorney understands the importance of a thorough and comprehensive accident investigation to ensure all parties are named in the claim. The investigation is also important because it reveals evidence to establish and prove fault.
Call A Sacramento Motorcycle Accident Attorney For A Free Consultation
If you have been injured in a motorcycle accident, you need to contact a skilled and experienced attorney as soon as possible. You can reach the Tiemann Law Firm by calling (916) 999-9000 or by chatting with a representative on our website. The insurance adjuster for the other party will waste no time in investigating to find evidence to limit the company’s liability. You should waste no time in finding a Sacramento motorcycle accident attorney to protect your legal rights and best interests.