If you were injured as a motorcycle passenger, you could have a viable claim for a personal injury lawsuit (contact a local motorcycle accident attorney in that case). Liability could be on the person driving the motorcycle, another driver involved in causing the accident, or defective equipment. Here is what you need to know about each situation.
Accidents Not Involving Other Vehicles
Injuries that occur without another vehicle involved will put the blame on the driver of the motorcycle. To win your case, you must prove that the driver was being negligent when operating the motorcycle.
Negligence is easy to prove if the driver is responsible for wiping out due to losing control of the motorcycle, or hitting an object such as a tree. The driver would not be found liable if the crash was because of an equipment defect though, and that may be their primary defense about why the accident happened.
If the accident is truly due to a defect, you will need to work with a product liability lawyer to help you sue the company for damages. Until the case is resolved, the motorcycle should not be repaired. The damaged motorcycle is the proof you need to win your case.
Of course, if you were being reckless as a passenger while riding on the motorcycle, the driver would not be found responsible for your injuries.
Accidents Involving Other Vehicles
When an accident involves another vehicle with fault that is unclear, you will be filing your injury claim against the driver of the motorcycle and the driver of the other vehicle. If fault is clearly due to one driver, you would only file an injury claim against that specific driver.
Injuries can happen on a motorcycle, even if the motorcycle never comes in contact with the other vehicle. A common situation is if a car cuts a motorcycle off, causing the motorcycle to crash into an object or wipe out on the road. The driver of the other vehicle is still responsible for damages.
If the other vehicle is at fault and flees the accident scene in any situation, it is considered a hit and run. You won't be able to receive compensation from them, but could still file a claim with the driver of the motorcycle as an uninsured passenger. In order to do so, their insurance policy must have that type of coverage.
No matter what situation you were injured in, it is rare for you to be found responsible for the accident since you were only a passenger. By knowing how to handle each situation, you should get the compensation you deserve.