Injured Motorcycle Passengers

Obviously, just like a motorcycle driver, a motorcycle passenger can be hurt or killed in a motorcycle accident. A passenger on a motorcycle may have claims against several different types of people or entities. First, the passenger may have a claim against the motorcycle operator if he or she negligently caused the crash.

Second, if another vehicle was involved and the driver of that vehicle negligently caused or contributed to cause the crash, a passenger may have a claim against the driver (and perhaps owner) of that vehicle.

Third, it is possible that there may have been other causes of the crash. A property owner may have contributed to cause the wreck.  A product liability claim may be possible if the motorcycle was defective in some way. A repair shop may have negligently repaired the motorcycle.  A dram shop claim may be appropriate against a bar if the other driver was drunk and caused the crash.

Every motorcycle passenger has the duty to exercise reasonable care for his or her own safety. When a motorcycle crash is the fault of the motorcycle operator, it is not uncommon for the motorcyclist’s insurance company to argue the passenger contributed to his or her own injuries by continuing to ride with a driver who was operating erratically. If the passenger is found to have been negligent by continuing to ride with the operator, the passenger can still recover damages from the motorcycle operator so long as the passenger’s conduct was less than 50% of the cause of the crash.

As experienced personal injury lawyers, we have recovered more than $100 million dollars for our clients and we would like to help you too.  The Law Offices of John Day, P.C. offers an initial consultation at no cost and without obligation. We investigate the accident, learn what happened and how it could have been prevented, and pursue meritorious cases aggressively to achieve justice for our clients. We accept cases on a contingent fee basis, and thus our clients pay no legal fees or expenses unless we win.

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