Riding on a motorcycle can be a fun, thrilling, and rewarding experience.
But, motorcycles can be dangerous — injuries can be severe.
If you have been injured as a motorcycle passenger, you’re likely eligible to receive compensation for your injuries.
In order to move forward with a personal injury lawsuit, you’ll need to understand your rights and the injury claim process.
Who Is Liable If I Am Injured As Passenger On A Motorcycle?
Motorcycle accidents that result in passenger injuries are rarely the passenger’s fault. The potential defendants and the available claims will largely depend on the circumstances of your case.
Below are some parties that may be held responsible for the accident.
- The driver of the motorcycle
- The other vehicle’s driver
- Both drivers involved in the accident
- The manufacturer of the motorcycle or a motorcycle part
- A mechanic or repair shop
- A government entity responsible for maintaining the roadway
What Should I Do After An Injury From A Motorcycle Accident?
The actions you take after an accident can make or break your legal case.
Keeping a level head will help you handle the situation properly and avoid making costly mistakes. Here are the steps to take to ensure you get the compensation you deserve.
1. Get necessary medical treatment and document your injuries
If you were a passenger in a motorcycle accident, making sure you are seen by a doctor should be your immediate priority.
A motorcycle crash can result in serious or life-threatening injuries, some of which may not manifest themselves immediately. This is why it is important to seek medical attention promptly.
Seeing a doctor will ensure you get proper treatment for your injuries. Records of medical treatment will serve as proof that you sustained injuries and help to link your injuries to the accident.
This will enable you to build a strong personal injury case.
2. File a police report immediately after the accident and be sure to get a copy of the report
Whether the crash was minor or major, you have to contact the police to report the accident.
Be sure to file a police report and request a copy of the document. The report is a key piece of evidence that can help your case, making it easier to seek appropriate compensation.
An official police report contains details of the crash and is an unbiased third-party account of the incident.
The report can help to show the relationship between your injuries and the accident. It can also assist in establishing who was at fault.
3. Gather and preserve all of the evidence needed to solidify your personal injury case
Evidence is the backbone of any personal injury case. Whenever possible, gather as much information as you can at the accident scene. Use your smartphone to take pictures and videos of every vehicle involved in the accident as well as the conditions around the area. Also, remember to document your injuries, get witness statements and write detailed notes.
If you are not in a position to collect evidence, consider having someone you trust to gather the evidence for you.
Your lawyer will need the evidence to reconstruct the accident and outline damages. That way, the jury will be in a better position to know exactly what happened and decide who was at fault for the accident.
Afterward, your motorcycle accident lawyer will send a settlement demand letter to the insurance company.
4. Keep detailed records of your injuries, treatments, medications, lost wages, and other damages
When you file a personal injury claim, you will seek compensation based on your injuries in the accident.
In addition to the evidence you collect, make sure you keep all the documents relating to your medical care in a safe place.
Your medical records will help you prove medical costs, future medical costs, and pain and suffering.
These records will also be used to calculate the monetary value of your damages.
It cannot be stressed enough: It is important to retain copies of all doctor’s notes, test results, diagnoses, and prescriptions.
5. Seek the right legal guidance from an experienced motorcycle accident lawyer with a proven track record
If you have been hurt as a passenger in a motorcycle accident, get in touch with an experienced motorcycle accident lawyer as soon as possible. Your lawyer will examine the evidence, and explain your rights and legal options. A good lawyer will build a strong case on your behalf, offer competent legal representation, and protect your rights.
Don’t make the mistake of dealing with the insurance company on your own. Do not sign anything without consulting with your lawyer.
You may end up harming your chances of getting the full compensation you are entitled to if you don’t consult with a lawyer first.
If you were injured due to another party’s negligence, your lawyer will help you file an injury claim.
Personal injury lawyers charge on a contingency basis. This means that you ONLY pay a fee if your lawyer successfully recovers damages on your behalf.
How Much Money Will I Get For A Motorcycle Accident Injury Claim?
It is important to keep in mind there is a statute of limitations in every state that outlines the rules for filing a personal injury lawsuit.
Don’t waste time speaking with a lawyer. You may have a case, but if you wait too long or do not take the right steps, you can walk away with nothing but injuries.
Need to speak to an attorney? Talk to a personal injury lawyer near you about your case and see how much your case is worth.
