Can a Passenger Sue the Rider After a Motorcycle Accident in California?
As the National Highway Traffic Safety Administration (NHTSA) reports that motorcycle riders are five times more likely to be injured in a motor vehicle accident than occupants in passenger vehicles, odds are that if you spend any significant time on a motorcycle, the time may come when you need to file a personal injury claim after an accident. But you might wonder whether you can sue as a motorcycle rider in California, and who the claim should be against.
While many passengers assume that they can only file a claim against another driver, that’s not always true. There are times when you may be able to file a claim against the rider who caused or contributed to the crash, even if that was the driver of the bike on which you were injured. An experienced attorney from the Allen Law Firm can help with your motorcycle passenger injury claim. Contact us today for a free consultation.
Understanding Motorcycle Passenger Rights
California is an at-fault state for motor vehicle accidents. This means that the party deemed at fault for an accident is responsible for paying for the damages they caused to another through their negligence. This rule also applies to motorcycle accidents. Motorcycle passengers have the same right to seek compensation for their injuries as passengers in other types of vehicles. Passengers can make a claim against each party who is responsible for the accident.
The California Comparative Negligence Rule
In California, the pure comparative negligence rule applies. Under this rule, an injured person can pursue compensation from each party that contributed to the accident. If they contributed to the accident, they can still pursue compensation, as long as some other party bore some degree of negligence.
Under this law, an injured motorcycle rider could pursue compensation from the operator of the motorcycle they were riding on, another driver, or a combination of parties.
In most situations, motorcycle passengers are not to blame for the accident. However, even if some degree of negligence is apportioned to you, California’s pure comparative negligence law allows you to still recover compensation as long as anyone else’s negligence contributed to it.
Who Is Responsible for Motorcycle Passenger Injuries?
Under California law, you can seek compensation from all parties who contributed to the accident, which may include the following:
- Other drivers: Many motorcycle accidents are caused by the negligence of other motorists, such as speeding, drinking and driving, or distracted driving. Drivers might fail to yield the right of way, run red lights, or take other careless actions that cause collisions.
- The motorcycle operator: The operator of the motorcycle that you are riding on may have caused the accident due to speeding, reckless driving, or inexperience.
- Government entities: If the accident happened because of dangerous road conditions, design, or faulty traffic lights, the government agency responsible can be held liable for accidents.
- Manufacturers: If defective motorcycles or auto parts were involved in the accident, you could have a viable claim against the product manufacturer.
An experienced motorcycle accident lawyer can investigate your case and help identify all parties responsible for your injuries.
California Auto Insurance Coverage
Most motor vehicle accident cases are resolved by filing an auto insurance claim. Typically, this is done by filing a claim with the at-fault party’s liability insurance provider. Liability insurance pays for the damages the insured causes to a third party.
The minimum liability insurance required of passenger vehicles is:
- $30,000 in bodily injury liability for one person
- $60,000 in bodily injury liability for more than one person
- $15,000 in property damage liability
These minimum amounts also apply to motorcycle insurance in California.
In addition to liability insurance, you may have medical payments coverage (MedPay), which helps pay your medical bills after you suffer injuries in an accident, regardless of fault. This form of insurance supplements your health insurance.
Which Types of Compensation Can Passengers Recover After a Motorcycle Accident?
Many motorcycle accidents result in life-altering injuries, including traumatic brain injuries, severe burns, spinal cord injuries, and other serious injuries that limit mobility and your ability to work. You can seek compensation for your economic and non-economic damages. Economic damages include compensation or direct, tangible losses, such as:
- Medical treatment costs: You can seek payment for your medical bills for ambulance rides, hospital stays, and surgeries, ongoing medical care, such as rehabilitation and therapy, and future medical expenses.
- Lost income: You have the right to recover compensation for your lost wages, as well as any reductions in your long-term earning capacity.
- Property damage: If your phone, shoes, clothing, or other personal property was damaged in the accident, you can seek compensation for these losses.
- Out-of-pocket expenses: You could pursue compensation for over-the-counter supplies, home renovations, and other costs you incur because of the accident.
Non-economic damages provide compensation for less tangible losses, such as physical pain and suffering, mental anguish, emotional distress, and reduced quality of life.
How to Prove Liability in a Motorcycle Accident Case
As the plaintiff in a personal injury case, you have the legal burden of proof to show that another party was negligent. This may be possible through compelling evidence, such as:
- Accident report: If you called law enforcement after the accident, a police officer may have conducted a preliminary investigation into the accident, cited the other driver, and taken important notes that can aid your personal injury claim.
- Photos: Visual evidence could help recreate the events that led to the crash. Keep all photos that you took of the accident scene, damage to each involved vehicle, and your injuries.
- Videos of the accident: Nearby surveillance cameras, dash cameras, or traffic cameras may have captured the accident, which can help support your version of events.
- Witness statements: Witnesses could provide objective testimony about the events leading up to the accident.
An experienced motorcycle accident attorney will be familiar with the rules of evidence and will know how to obtain this valuable evidence. Additionally, they can advise you on keeping a pain journal in which you document your daily symptoms and challenges, as well as presenting your medical records to substantiate your claim while protecting your privacy.
Why You Should Hire a Lawyer as a Passenger After a Motorcycle Crash
Since motorcycle accidents can cause such severe injuries, it is essential that you have a trusted advocate who can handle your legal claim so you can focus on your recovery. Having legal representation can ensure that:
- You have a strong understanding of your legal rights
- You can evaluate your legal options with a legal professional
- You know who the responsible parties are for the accident
- You have a better understanding of the real value of your injuries
- Someone can negotiate for fair compensation on your behalf
- You are not taken advantage of by insurance companies
- You level the playing field against the insurance company
- You have legal representation if you decide to go to court
How Long Do Motorcycle Passengers Have to File a Claim in California?
California has a two-year statute of limitations that applies to most personal injury cases, including motorcycle accidents. This means that you usually only have until the second anniversary of your motorcycle accident to file a personal injury lawsuit.
However, there are exceptions when this deadline may be extended or shortened. For example, if a minor passenger was injured in the accident, the statute of limitations is tolled (paused) until they reach the age of 18. If you have a legal claim against the government, much shorter notice requirements apply. If you don’t file your case within the applicable statute of limitations, you can be barred from recovering any compensation, regardless of how strong your case otherwise is.
While two years may seem like a long time, your lawyer will need to take prompt action to preserve evidence, investigate the accident, and negotiate a fair settlement before filing a lawsuit. Delaying your claim can also give the insurance company more leverage when trying to negotiate a settlement.
Contact the Allen Law Firm for a Free Consultation
If you were injured in an accident that was caused by someone else, you deserve to be fairly compensated, regardless of whether the operator of the motorcycle you were riding on was responsible or some other party was. An experienced attorney from the Allen Law Firm can help you fight for maximum compensation. Contact us today for a free consultation.
