In the event of an accident involving a motorcycle, a passenger can pursue compensation from the motorcycle operator, another driver (if there is one), or both, depending on the circumstances. If some defect or fault in the motorcycle caused the accident, you can also sue the motorcycle manufacturer for products liability (defective product). A passenger injury case involving a motor vehicle generally involves less risk of failure to prove fault than may be the case with other kinds of personal injury cases. You should contact a motorcycle accident attorney.
What is the process of filing a claim?
- Assume the following. Get attention to injuries you sustained during the accident. Do that immediately.
- Take photographs of the damage to your bicycle, clothing, and personal property when you can collect evidence at the scene of the accident. Furthermore, taking detailed photos of the collision angle is helpful.
- Find out if there are any witnesses that you can contact.
- Follow the appropriate channels to report the accident to the police.
- In case of a collision, notify your insurance provider. You may lose your claim if you fail to do so.
- Get legal advice from a motorcycle accident attorney and get started with the claims process.
Two-vehicle motorcycle accident
You will generally seek compensation from both the motorcycle operator and the other driver involved when you are a passenger in a motorcycle accident with another vehicle unless it is absolutely obvious that only one of the drivers was at fault.
What You Need to Do When Injured on a Motorcycle
It is exactly like filing a car accident injury claim if you were injured on a motorcycle. Unless one of the operators was not negligent, you would file a claim with all of their insurers.
It is important to speak to a motorcycle accident attorney as soon as possible if you believe the motorcycle defect caused the accident. If this occurs, you may want to suggest to the motorcycle operator that he does not fix the bike until you speak with an attorney. Any evidence of a defective condition will be destroyed when the motorcycle is repaired.
In a no-fault state, you would file a Personal Injury Protection (PIP) claim with the motorcyclist’s insurer to claim compensation for your medical bills and lost wages after the accident. If you are involved in a motorcycle accident in your state, you are not necessarily covered by PIP.
