When you are involved in an accident as a motorcycle passenger, it can quickly leave you confused about your rights and potential compensation. This guide explores what legal remedies may be available to you as well as who may be liable for your injuries.
Legal rights after a collision
As a passenger, you have the same legal rights as any other passenger in a vehicle. If an accident causes your injuries, you can pursue compensation from the person who caused it, whether that person was another driver or the motorcyclist who was riding with you.
Understanding comparative negligence
California uses a pure comparative negligence system, which means the law can divide fault among more than one party. The law generally does not place responsibility for the accident on you, the passenger.
However, if you acted negligently on your own, such as by choosing not to wear a helmet, the law may reduce your recovery. This reduction applies only to the portion of fault attributed to your own actions and does not affect the amount you can recover based on the driver’s negligence.
The types of compensation
Injured passengers may pursue two broad categories of damages:
- Economic Damages: You can recover 100% of your actual financial losses, like medical bills and lost wages, from any one party who caused the accident, regardless of their percentage of fault.
- Non-Economic Damages: You can seek compensation for pain and suffering or other subjective losses. Each at-fault party pays only their share based on their percentage of responsibility. For example, if a car driver caused 10% of the accident, they pay 10% of your non-economic damages.
If the accident causes a death, the surviving family members can file a wrongful death claim. This claim can cover funeral and burial costs, lost financial support the deceased would have provided, and the loss of love, companionship, comfort and moral support.
Insurance options available
Multiple insurance policies may apply to your situation, such as:
- The responsible party’s liability insurance: This is your main way to get compensation. It applies to the insurance of the at-fault party, whether it was the motorcyclist or another driver.
- Uninsured/Underinsured Motorist (UM/UIM): If the at-fault party lacks insurance or carries insufficient coverage, the UM/UIM on the motorcycle’s policy can step in. Additionally, your own UM/UIM coverage may protect you while riding as a passenger.
- Medical Payments (MedPay): This optional coverage pays for your medical expenses regardless of who caused the accident. It is often available under the motorcyclist’s policy, and in some cases, your own auto policy may also provide coverage.
The road to physical recovery may take time, but knowing how to seek recovery does not have to be confusing. Learning about these legal protections can help you make sure that someone else’s negligence does not create an unnecessary financial burden.
Pursuing legal action
Filing a personal injury lawsuit allows you to formally seek compensation if settlement negotiations fail. You are generally given two years from the date of the accident to file a lawsuit under California’s statute of limitations. If you wish to file against a government entity, such as cities or counties, the deadline is even shorter—often only six months.
Securing legal counsel can help during this period. An attorney can review your case, ensure you meet your deadlines and calculate the full value of your damages. Legal representation also helps when dealing with insurance adjusters who may try to reduce your claim or shift the blame to you.
