WHO IS RESPONSIBLE FOR INJURIES TO A MOTORCYCLE PASSENGER IN AN ACCIDENT?

WHO IS RESPONSIBLE FOR INJURIES TO A MOTORCYCLE PASSENGER IN AN ACCIDENT?

Posted on Monday, August 5th, 2019 at 4:02 am    

Motorcyclists and riders have a high risk of sustaining traumatic injuries or life-threatening injuries in a motorcycle accident because of the lack of protection offered by the vehicle. Even though riders may wear motorcycle helmets and other motorcycle riding gear, the lack of a metal frame and other vehicle safety features leaves the riders vulnerable in a collision. We often discuss who pays a motorcyclist for damages and injuries caused by a motorcycle crash, but who compensates a motorcycle passenger injured in an accident? Is the motorcyclist responsible or the other driver?

Fault for a Motorcycle Accident in California

The person responsible for causing the motorcycle accident is responsible for the injuries, losses, and damages sustained by the victims of the accident. Therefore, if the motorcyclist was at fault, the rider could file an injury claim against the motorcyclist’s insurance coverage seeking compensation for the rider’s damages and injuries. If the insurance company denied the claim or refused to pay a fair amount to settle the claim, the passenger could file a motorcycle accident lawsuit against the motorcyclist seeking compensation.

If another driver or other third party is responsible for causing the motorcycle accident, the passenger’s claim would be against that party. The passenger could file a claim against the driver or party’s insurance coverage. If the insurance claim is denied, the passenger would then file a motorcycle accident lawsuit against that party.

However, it can be difficult to know who caused a motorcycle accident. In some cases, the motorcyclist and another party could both be responsible for causing the crash. In that case, the motorcycle passenger could seek compensation from each party responsible for the crash.

What Should a Motorcycle Passenger Do After a Motorcycle Accident?

A passenger on a motorcycle can call 911 to report the accident if both drivers refuse to report the accident to the police. While waiting for the police to arrive, it is a good idea to take pictures of the accident scene and make a video of the accident scene, if possible. The pictures of the accident scene before the vehicles are moved can be helpful when determining how the accident occurred.

It is also useful to note whether the motorcyclist or the other driver accepts fault for the crash. Asking eyewitnesses for their names and contact information is also a good idea.

After the accident, it is important to seek medical treatment for injuries. To recover compensation for a motorcycle accident claim, you must have evidence that you were injured in the crash. Therefore, seeing a doctor as soon as possible to document your injuries and receive treatment is essential.

Even though a motorcycle passenger typically does not have any liability for causing a crash, it can be helpful to contact a Sacramento motorcycle accident attorney as soon as possible to discuss your legal rights. Insurance companies trying to avoid paying an injury claim could try to blame the motorcycle passenger for his or her injuries. An attorney fights to ensure that an innocent passenger is not blamed for his or her injuries.

Contact a Sacramento Motorcycle Accident Attorney for Help

If you were injured in a motorcycle accident, the legal team at The Tiemann Law Firm can help. Call our office at (916) 999-9000 or visit our website to schedule a free consultation with a motorcycle accident lawyer in Sacramento.

Client Testimonials

Elena Basquez
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The Tiemann law Firm has been very good to me ever since I walked in the door. James and Emily have been very responsive and professional and make me feel comfortable when I start to freak out a bit. Accidents can be pretty stressful and I feel like they’ve gone above and beyond. I’m happy that keep me up-to-date on how my case is going. I appreciate that they make me feel like a priority and that they take my case serious. I have already recommend them to a few friends and family members. God forbid I get into another accident, but if I do, I know exactly where to come for help.

Elizabeth Ochoa
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and their dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Beca Lopez
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Such wonderful experience with Tiemann Law firm. The employees are great, respectful, and kept in contact with me throughout the entire process. I would definitely recommend this firm. Thank you so much for your services!

Tajii Black
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Dawniel Ewing
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted updated they responded immediately. They made me feel like they cared. Highly recommend them!

Amy J
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Michael T.
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
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I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B.
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Star Fire
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Jereme S.
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No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H.
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
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Lendzey Garcia
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