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.