If a passenger is riding along on a motorcycle, he or she may sustain flesh wound injuries, broken bones, and head trauma, and have a lengthy recovery period. Since passengers are powerless over the way the bike is ridden, many believe they can’t be held accountable for it, particularly if the operator of the bike is a friend or relative. In fact, fares may have greater options of compensation than the passengers do.
A claim is possible only at a certain time and in certain circumstances. Many Nassau County passengers who have been injured in a motorcycle crash are not aware of certain deadlines or who may be responsible and generally begin by consulting with a Floral Park Motorcycle Accident Attorney to learn more. Below are sections on when a passenger may have a claim, who may be named and what steps will preserve their claim.
Who Can Be Held Responsible for a Passenger’s Injuries
A claim is not likely to be made against a passenger in a case of a collision, and so any party whose conduct contributed to the collision can be a target. Possible defendants include:
- Any other person operating a conveyance: They can be caused by distractions, speeding, unsafe lane changes and failure to yield.
- The motorcycle operator: In the event the rider was reckless, intoxicated or inexperienced, the passenger may be able to file a claim against the rider’s insurance policy.
- An automotive/mobile component manufacturer: Faulty brakes, tires or other parts may even be passed to the manufacturer of the vehicle.
- A government entity: Failure to maintain the roads, failure to post signs or improper signals could be a reason to make a claim, but special notice rules will apply.
- Property owner/contractor: The debris, unmarked construction areas, or hazardous driveways can at times result in liability.
There can be more than one party liable for faults and a passenger can sue multiple parties.
Situations Where a Passenger Can File a Claim
| Accident Scenario | Who May Be Liable | Typical Claim Path |
| The car signals a red light and collides with the motorcycle. | Car driver | Seek reimbursement from driver’s liability insurance coverage. |
| While riding at high speed, rider loses control | Motorcycle operator | Make a claim on the rider’s insurance. |
| Both riders and other drivers have partial fault | Both drivers | It has been split, with both insurance companies liable for a share of the claim. |
| Hit-and-run collision | Unknown driver | Uninsured motorist coverage, if available |
| A crash occurs when the brakes or tires fail | Manufacturer or repair shop | Product liability claim |
| A wreck occurs when there’s a pothole or broken guardrail | Government agency | Claim with strict notice requirements |
Deadlines That Affect a Passenger’s Claim
The right to file a passenger’s right does not have a time limit. In New York, the normal statute of limitations is three (3) years from the date of the accident. Even if the injuries are severe, it can come to an end if you miss it.
There are some exceptions in which shorter deadlines are applicable. When an individual is claiming against a government body it is usually necessary to give a formal notice within 90 days. The insurance policy might also call for immediate notification of an accident and delays could provide the insurance carrier a justification to challenge the declare. These timelines overlap, meaning that it’s generally better to take action sooner, not later, when it comes to your commute.
Frequently Asked Questions
May a passenger claim if the rider is a close friend/family member?
Yes. Claims usually are filed against the insurance company of the rider and not the rider. This is something a lot of passengers think about, but having insurance is for this reason.
If the passenger wasn’t wearing a helmet, what would have happened?
Failure to wear a helmet can contribute to an insurance company’s argument that the injuries were made worse, especially head injuries. While it won’t automatically prevent you from making a claim, it can impact how much you’re able to get back.
If there is some degree of fault on the part of the rider, can a passenger recover compensation?
Generally, yes. New York has a comparative fault system, where the claims are shared among parties. If the passenger is not responsible, he or she may file for damages with all responsible parties.
What kind of damages is a passenger entitled to?
Filing a claim for compensation can encompass long-term care, loss of future earning potential, pain and suffering, rehabilitation, lost income, and medical costs.
Conclusion
Whether it’s a problem with another motorist, the motorcyclist, a faulty component, or a bad road, a motorcycle passenger can claim in numerous circumstances. The elements are to recognize all responsible parties, adhere to filing deadlines and keep evidence of the entire process. Personalized guidance can make a difference as the facts of each crash and the insurance rules differ. Those who are unsure what to do next should contact The Tadchiev Law Firm to learn more about what is going on in their case and how he or she should proceed going forward.