Motorcycle passengers can’t control what the driver does. Despite this, if a crash happens, they can suffer serious injuries.
If you were injured as a motorcycle passenger, you may have an insurance or personal injury claim against another driver, the motorcycle operator, or someone else.
This article discusses who a motorcycle passenger might file a claim against and whose insurance might apply. It also discusses how an experienced Birmingham motorcycle accident attorney can help motorcycle passengers.
Who Might Be Responsible for a Motorcycle Passenger’s Injuries?
Before looking into claims and insurance, let’s look at the potential causes of a motorcycle passenger’s injuries.
The car driver
Most motorcycle-vehicle accidents happen because drivers don’t see the smaller motorcycle until it’s too late. Driver actions that might play a role in these circumstances include merging or changing lanes without, for example, checking their blind spot. Other common issues include:
- Failing to yield the right-of-way
- Running a red light or stop sign
- Following too closely
- Speeding or driving too fast for conditions
- Driving while distracted
- Driving under the influence
- Pulling out of a driveway, parking lot, or side street without looking for other vehicles
- Failing to leave enough room when passing a motorcycle
- Failing to use turn signals
- Misjudging the motorcycle’s speed or distance
The motorcycle driver
Sometimes, the motorcycle driver is responsible for the crash with a car. One of the leading reasons for this is driving under the influence. According to Drive Safe Alabama, drunk or impaired motorcycle riders are more likely than other impaired drivers to be involved in fatal accidents.
Other actions by motorcyclists that can cause crashes include:
- Making unsafe lane changes
- Engaging in illegal lane-splitting
- Weaving between stopped vehicles
- Racing
- Taking a curve too fast
- Riding while distracted
- Riding too close to other vehicles
- Carrying too much or unsecured cargo
- Riding an improperly maintained bike
- Failing to adjust speed for conditions such as wet, gravel-covered, uneven, or damaged roads
- Swerving abruptly to avoid a hazard
- Overcorrecting after encountering a hazard
- Doing stunts or other dangerous maneuvers
- Riding without a license or sufficient skill for the conditions
Other parties
Rarely, a crash is not the fault of either the motorcycle or car driver. In a few cases, other issues can cause crashes. For example, the city responsible for maintaining the roads might have failed to address known road safety issues. Also, sometimes cars and motorcycles have defects that can cause accidents. Unless the manufacturer issues a recall, owners may not know about these issues until a crash happens.
Can a Motorcycle Passenger File a Claim Against the Driver of the Car that Hit the Motorcycle?
Generally, yes. If another driver caused the accident, their auto insurance policy should cover your losses. If they don’t have insurance or enough insurance to cover your injuries, you can use uninsured or underinsured motorist coverage for your bills. You may have this through your own auto policy. If you don’t drive, you may be able to use the policy attached to the motorcycle.
Can a Motorcycle Passenger File a Claim Against the Driver of Motorcycle After an Accident?
It depends. Alabama has a law called the “guest statute.” Under this law, a guest is a person who is given a ride without being charged and does not benefit the driver in any way. In Alabama, a guest passenger can only sue the driver when the driver’s behavior moves from negligence to “willful and wanton” behavior.
A person is negligent when they are careless. With willful and wanton behavior, a person intentionally engages in reckless behavior. The difference is that a negligent person should have known about a potential danger, but a wanton person knows about the danger and proceeds anyway. For example, assume a person sees a cloudy sky and leaves the house without an umbrella. A reasonable person would know that it might rain or would have checked the weather report. However, a person who walks outside without an umbrella during a downpour knows that they will get wet and doesn’t care. This is wanton behavior.
Can a Motorcycle Passenger Be Blamed for the Accident?
Sometimes. Passengers can’t control the bike like the driver can.
As such, Alabama law doesn’t make the passenger responsible for what the driver did.
However, passengers still have a duty to use reasonable care for their own safety. Also, under Alabama’s contributory negligence rule, a person whose own actions helped cause their injuries cannot get compensation. So, if a motorcycle passenger does something that could be considered negligent, such as riding as a passenger on a bike designed for only one person, riding in a way that interferes with the driver’s ability to see or operate the bike, or knowingly riding with an intoxicated driver, their claim could be affected. Your Alabama personal injury attorney can tell you more about how these rules might apply in your case.
How Can an Birmingham Motorcycle Accident Lawyer Help After a Motorcycle Passenger Accident?
Motorcycle accidents can be serious. If your accident was caused by another driver’s negligent or wanton behavior, you have legal rights. A Birmingham motorcycle accident attorney can help you protect these rights by:
- Investigating the facts of your accident
- Determining who might have been responsible
- Researching whether the Alabama guest statute applies
- Looking into insurance policies, including uninsured and underinsured coverage
- Arguing against the use of contributory negligence
- Negotiating a fair settlement
- Representing you in court, if necessary
If you need representation after a motorcycle accident, Collins Law, LLC, can help with these tasks and much more. We can help you fight to get the compensation you deserve for your accident injuries. Call us today at 205-588-1411 or use our online form to schedule a free, no-obligation consultation.
