Just like a rider a passenger on a motorcycle that is injured an accident has certain rights. If you are injured as a passenger on a motorcycle, you can file a personal injury claim. Depending on the circumstances surrounding the accident, it's possible to file against the motorcycle driver or the driver of another vehicle.
In general, passenger claims stemming from motorcycle accidents may be easier to obtain compensation for, due to the passenger not being at fault. An experienced motorcycle accident attorney can help you move forward with your claim. There are different situations for what you can do after an accident.
The Motorcycle Is The Only Vehicle In The Accident
If the motorcycle on which you were a passenger is the sole vehicle involved in the accident, you would file your personal injury claim with the rider's insurance company. To be successful in your case, your personal injury attorney would have to prove that the individual was negligent and that you suffered damages; in this case, you were injured as a result of the accident.
In general, there are two chief causes of single-vehicle motorcycle accidents: the bike crashed and hit an object or it crashed and hit an object due to a defect in the motorcycle.
Two Vehicles Were Involved In The Accident
In an accident involving the motorcycle and another vehicle, you would file claims against both drivers unless it's clear which one was at fault for the accident. Generally, a motorcycle doesn't even have to hit another vehicle when an accident occurs. For instance, if a car cut the motorcycle off and leads to the motorcycle skidding across the ground, the car driver would be liable due to negligence.
If the car fled the scene and was unable to be located, you may need to file a claim for a hit and run accident under your insurance and under the motorcycle driver's uninsured driver coverage.
Filing A Claim
Immediately after the motorcycle accident, you should gather evidence to support your claim. Get the names and contact information of any witnesses you notice. Snap pictures of the scene of the accident using your smartphone's camera. Get shots of the road, skid marks, the motorcycle's damage, other vehicles involved, road signs and weather conditions.
The police should also be called to the scene. You can have them make a police report of the accident, which is crucial evidence you can use to back up your personal injury claim.
Filing a personal injury claim as a passenger in a motorcycle accident is the same as in a car accident as a passenger. Your claim would be filed with the insurance company or companies of all drivers involved unless you know one person, in particular, was responsible. If it's not extremely obvious, an attorney can help you prove liability.
Hiring An Experienced Oceanside Personal Injury Attorney
If you are in the Oceanside, California area and have suffered injuries as a passenger in a motorcycle accident, you should contact the Kohn Law Office immediately. A personal injury attorney will help you to get the compensation you deserve for your damages.