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What Are Your Rights as a Passenger Injured in a Motorcycle Accident?

Home  >  Blog  >  What Are Your Rights as a Passenger Injured in a Motorcycle Accident?

December 28, 2023 | By Gerald A. Rosenthal
What Are Your Rights as a Passenger Injured in a Motorcycle Accident?

On Behalf of Rosenthal, Levy, Simon & Sosa | December 28, 2023 | Motorcycle Accidents

Motorcycle crashes can be particularly devastating and traumatizing because, as smaller motor vehicles in a sea of larger vehicles, motorcycles are vulnerable to getting hit by other vehicles. Consequently, motorcycle accidents expose riders to life-altering injuries or death.

Even if you weren’t operating the motorcycle and were injured as a motorcycle passenger in a crash, the effects can be tragic.

Passengers don’t have control over motorcycles. As an injured motorcycle passenger, you have the right to hold the negligent party or parties that caused your injuries liable for all the accident-related losses you incurred. These potentially liable parties include the motorcycle operator, a driver of another vehicle, or a government agency responsible for maintaining the roadway where the crash occurred.  Injured parties need to reach out to an experienced motorcycle accident lawyer from Port St. Lucie.

Motorcycle Accidents Involving Other Drivers

Most motorcycle crashes occur because of the negligent actions of other drivers sharing the road with motorcyclists. Usually, these crashes occur when a driver fails to notice an oncoming motorcyclist and suddenly cuts in front of them. Sometimes, these accidents occur when a driver moves into another lane without checking if there are motorcycles or other vehicles in the lane.

In such cases, the injured passenger can file a claim against the negligent driver that caused the crash. If both another driver and the motorcycle operator are at fault for the accident, the injured passenger can sue both of them. If more than one driver is to blame for the crash, the injured passenger is also entitled to hold them liable in a personal injury claim.

Motorcycle Crashes Not Involving Other Drivers

You can hold the motorcycle operator liable for your injuries and related losses if they get into an accident while you were riding with them because they were negligent. For example, if they crashed into a lamppost or wall because they were speeding, driving while impaired, driving aggressively, running stop signs, or ignoring red lights.

However, it’s also vital to note that you also have a duty of care to the motorcycle operator. This means that you may be held partially responsible for the resulting damages if your actions contributed to the crash. 

Motorcycle Accidents Involving Defective or Dangerous Roads

Roadways defects, including harsh seams, potholes, uneven surfaces, or loose gravel, among many others, can endanger the lives of motorcyclists and their passengers. These defects may lead to motorcyclists losing control of their vehicles, causing serious to life-threatening injuries. If this applies to your case, you have the right to hold the party that maintains the dangerous road liable for your damages. Liable parties in this situation may include a county, town, local, or state government agency.

Get Legal Assistance From a Seasoned West Palm Beach Motorcycle Accident Attorney

Whether you were injured as a motorcycle passenger or while operating one, the West Palm Beach motorcycle accident attorneys at Rosenthal, Levy, Simon & Sosa can assess your situation and secure fair compensation for your damages. To schedule a free case evaluation with our West Palm Beach motorcycle accident attorney, please send us a message online or call our office at 561-478-2500.

Gerald A. Rosenthal Author Image

Gerald A. Rosenthal

Retired

Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.

Author's Bio

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