According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are approximately 28 times more likely to die and five times more likely to be injured in a motor vehicle accident, compared to occupants in passenger vehicles. Many motorcycle accident victims wonder what their rights are following a crash, especially if they were passengers.
An experienced attorney from Cousin Benny Personal Injury can review your situation and explain your legal rights and options during a free consultation. Contact us today to learn whether you can sue for compensation as a passenger in a motorcycle accident in Pennsylvania.
Understanding Passenger Rights After a Crash
Knowing your legal rights as a passenger in a motorcycle crash is crucial to protecting them. One of the most important rights is your right to pursue compensation from the at-fault party, whether that is the rider of the bike you were on, another motorist, or another party. Pennsylvania law allows you to pursue compensation from a party who negligently caused your accident.
Negligence is shown by proving the following legal elements:
- Duty of care: The duty of care is a legal responsibility that one party owes to another. For example, all motorists have a duty to follow traffic laws and avoid collisions.
- Breach of duty: A breach of duty is what someone does or doesn’t do that violates their legal duty, such as speeding, failing to yield the right-of-way, or violating other traffic rules.
- Causation: You could pursue additional damages if OSHA determines that your workplace injury occurred because your employer violated its federal safety regulations.
- Damages: You could pursue additional damages if OSHA determines that your workplace injury occurred because your employer violated its federal safety regulations.
In some accidents, one driver is at fault. In others, multiple parties share fault. Under Pennsylvania personal injury law, you have a right to pursue compensation from all negligent parties who contributed to your accident under the state’s modified comparative negligence law as long as you are not found to have contributed more than 50% to the accident. This system benefits passengers who are typically not found at fault. For example, if one driver is found to be 80% at fault and the other is found to be 20% at fault for the crash, you can recover damages from both drivers per their portion of responsibility.
Pursuing claims against multiple drivers can potentially maximize your compensation since there may be several sources of compensation.
When the Motorcycle Driver Is at Fault
In some motorcycle accidents, passengers are injured due to the actions or inactions of the rider of the motorcycle on which the passenger is being driven. This can raise the complex issue of people not wanting to sue a friend, loved one, or other acquaintance. However, motorcycle passengers are often able to file a motorcycle accident claim with the at-fault driver’s insurance, removing the need to file a lawsuit. This is why people purchase insurance – to use it when they need it. The insurance company pays for damages, not your friend or family member personally.
However, some auto insurance policies include household exclusion clauses that can limit coverage for family members if they live in the same household as the insured. This can make it more difficult for spouses, parents, children, or siblings to recover compensation, but there may be exceptions. It’s crucial to work with an experienced attorney who can review your loved one’s insurance policy and determine if you can make a claim.
When Another Driver or Party Is Responsible
Many motorcycle accidents occur due to the actions of another motorist. For example, drivers of passenger vehicles may not notice a motorcyclist and may turn in front of them, causing a collision. Or, they may not check their blind spots before changing lanes and sideswipe them. Just as you would have the legal right to file a claim against the at-fault driver if you were driving, you have the right to make a claim with the at-fault driver’s liability insurance provider if you were a passenger injured in an accident.
There may be times when a party other than another driver may be responsible for an accident, such as:
Product Manufacturers
If defective auto parts played a part in your accident, you may be able to file a claim against the manufacturer.
Government Entities
Motorcyclists are more susceptible to injuries due to dangerous road conditions, such as slippery surfaces due to oil, loose gravel, debris on the roadway, or potholes. Others can be injured due to faulty traffic signals or dangerous road designs. The government agency responsible for the road design or maintenance could be liable in these situations.
Employers
If the at-fault driver was working at the time of the crash, their employer could be held responsible for the driver’s negligence.
Bar Owners
Bar owners who over-served alcohol to a driver who caused the accident could be liable for accidents under dram shop laws.
What Insurance Coverage Applies to Injured Passengers?
Which insurance coverage applies depends on which driver was responsible for the accident, the circumstances surrounding the accident, and the insurance coverage the drivers have.
A motor vehicle accident claim in Pennsylvania typically begins by filing a claim with your own Personal Injury Protection (PIP) insurance. Your PIP benefits provide payment for immediate coverage for medical expenses and other losses regardless of fault.
PIP coverage pays for the following:
- Medical expenses, including hospital bills, doctor visits, prescription medicines, and necessary medical equipment
- Lost wages, which pay for a portion of the income you lost while you were recovering from your injuries
- Essential services, such as payment for childcare, housekeeping, and other tasks you would have been able to complete had you not been injured, and that you have to outsource due to your injuries
- Funeral benefits, which cover burial expenses and funeral costs in fatal accidents
PIP benefits cover losses up to your policy limits. If you exhaust your own PIP benefits or don’t have any, you may be able to use the benefits from the driver you were riding with.
Next, how you can recover additional compensation from the at-fault driver depends on the type of auto insurance you selected at the time you purchased it. Pennsylvania auto insurance companies offer motorists the option to purchase limited tort or full tort insurance. Limited tort insurance does not allow you to sue for pain and suffering or other non-economic damages unless your injury is deemed serious or an exception provided for under state law applies. Full tort allows you to seek compensation for the full extent of your damages, including your non-economic damages.
Common Passenger Injuries and Medical Costs
Motorcycles lack the steel frame, seatbelts, and airbags that protect occupants in passenger vehicles. For this reason, motorcycle riders and passengers tend to suffer serious injuries in the event of a collision, including the following:
- Traumatic brain injuries
- Facial trauma
- Dental trauma
- Spinal cord injuries
- Neck and back injuries
- Internal organ damage
- Severe burns
- Road rash
- Broken bones
Diagnosing and treating these injuries can result in significant medical expenses, including:
- Ambulance rides
- Hospital bills
- Surgery costs
- X-rays, CT scans, and other diagnostic tests
- Rehabilitation
- Physical therapy
- Medical devices
- Prescription medications
- Counseling expenses to cope with the trauma and aftermath of the accident
Through a personal injury claim, you can seek compensation for these losses.
Steps to Take Immediately After a Crash
The steps you take in the hours and days after a motorcycle crash can have a significant impact on your case. If possible, take these actions to protect your health and legal rights:
- Get to safety, out of the path of oncoming traffic.
- Call 911 to report the accident and request emergency medical services.
- Get the other driver’s information, including their name, address, phone number, and insurance details.
- Ask witnesses for their names and contact information.
- Take pictures of the damage.
- Ask your driver for their insurance information.
- Seek immediate medical treatment.
- Keep all documentation related to your accident.
- Contact a personal injury lawyer as soon as possible.
How to File a Personal Injury Claim as a Passenger
Filing a personal injury claim as a passenger follows a similar path to filing a claim as a driver. You will report the accident to all relevant insurance companies from which you expect payment. In some situations, this may involve submitting an insurance claim against both drivers.
This process may involve the following steps:
- Reporting the accident to the insurance company
- Gathering evidence to support your claim
- Determining liability
- Submitting a claim to the insurance company
- Responding to requests for information
- Negotiating a settlement
How an Attorney Can Help Maximize Your Recovery
A motorcycle accident lawyer can assess your case and identify all pathways for compensation. They can handle communication with the insurance company, safeguarding your rights and protecting you from insurance company tactics designed to minimize your claim.
They can investigate your case and gather evidence to show who was responsible for the accident. They know how to access traffic camera footage, helmet footage, surveillance camera footage, and other evidence to provide a clear picture of how the crash occurred.
Many accident victims fail to consider the long-term consequences of their injuries and don’t negotiate for fair compensation for the full extent of their losses. Personal injury lawyers can identify all of your losses and work with expert witnesses who can provide additional support for your case.
Personal injury attorneys are seasoned negotiators. They can prepare a compelling demand letter and persuade the insurance company to pay fair compensation.
Contact Our Motorcycle Accident Attorneys for Legal Assistance
If you were injured in a motorcycle accident, the experienced legal team at Cousin Benny Personal Injury can help. We can review your circumstances, identify your legal options, and help you pursue maximum compensation. Contact us today to arrange a free consultation.
