When a passenger on a motorcycle is injured, they are victims regardless of whether another driver or the motorcycle operator is at fault. With no control of the situation, they are helpless to prevent or stop what may occur. While many accidents are due to the negligence of other drivers on the road, if a passenger on a motorcycle is injured in a single-vehicle crash or because of the operator’s actions, they have the right to be compensated for their injuries.
Motorcycle Operator Fault For Injuries Caused To Passengers
Many motorcycle accidents do not involve other vehicles, making the fault of the accident land on the operator of the motorcycle. Although not all accidents are due to recklessness or intentional negligence, in these cases the passenger is still just a victim. In 2005, the National Highway Traffic Safety Administration and the Fatality Analysis Reporting System showed that 44% of motorcycle accidents that resulted in a fatality were single vehicle accidents, causing over 2,000 motorcycle rider deaths. Many of these deaths were passengers who were just along for the ride.
Recovering Damages For Motorcycle Passenger Injuries
When a passenger on a motorcycle is injured, they are entitled to have their injuries covered by the person responsible. If another vehicle is involved who’s driver was at fault, they will pursue a claim against that person. The same is true if the motorcycle operator is to blame for the accident. Just as in a passenger vehicle accident, the motorcycle driver is responsible for the safety of their passenger. However, there are a few reasons that passengers may refrain from filing a claim.
Most times the person riding as a passenger has a close relationship with the motorcycle operator. They may be concerned about the cost of the accident to the operator. It is important to remember that insurance is specifically designed to cover these types of accidents. No passenger should feel obligated to pay for their medical expenses when they are hurt in a motorcycle accident. In most cases, a payment to an injured motorcycle passenger is made directly by an insurance company.
Negotiating A Claim for Injuries Sustained in a Motorcycle Collision
When filing a claim against a motorcycle operator’s insurance company, the passenger with the injuries is entitled to receive the full amount of compensation that they deserve. They need to remember that the insurance company will pay up to the driver’s policy maximum limit if necessary and that is most cases, the operator will not be paying for the damages. If the cost exceeds their policy, the passenger can also use their underinsured motorist policy to cover the difference if they have this coverage.Legal Assistance For Chicago Motorcycle Passenger Injury Claims
Anytime there are insurance companies involved in paying for an injury accident; it is beneficial to have an attorney on your side to negotiate your claim. Insurance companies are not on your side and have a vested interest in paying as little as possible. Some motorcycle passengers may also feel more comfortable not having to negotiate a claim themselves against a personal acquaintance, even if it is through their insurance company. Rosenfeld Injury Lawyers LLC handles these types of motorcycle accident claims for our clients and will get the best possible financial outcome for your injuries. Contact us today to schedule a free appointment to discuss your motorcycle injury case. 888-424-5757
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