Legal Rights of Motorcycle Passengers After an Accident

Motorcycle rides offer a thrilling sense of freedom, but the inherent dangers on the road can leave passengers vulnerable in an accident. If you’ve been injured as a motorcycle passenger, it’s important to understand your legal rights as you proceed through the legal process.

The misconception that motorcycle passengers are somehow less deserving of compensation after an accident is common. However, the law recognizes your right to seek compensation for damages if another party’s negligence caused the accident. This negligence can come from:

• The driver of another vehicle: This is the most common scenario. If a car, truck, or another vehicle failed to act as a reasonable driver would – for example, by speeding, driving under the influence, or making an unsafe lane change – and caused the motorcycle accident, you can file a claim against their insurance company.
• The motorcycle operator: While less frequent, there are situations where the motorcyclist may be negligent. If the driver was speeding, intoxicated, or driving recklessly, and this recklessness caused the accident and your injuries, you may have a claim against their motorcycle insurance policy.

Shared responsibility and comparative fault

Here in Kansas City, motorcycle passenger injury claims fall under modified comparative negligence laws. This means that your ability to recover compensation depends on the percentage of fault assigned to you in the accident. Unlike some states where even a minor fault can completely bar your claim, you may recover damages as long as you’re found less than 50% at fault.

The court will weigh the evidence to determine the percentage of fault for each party involved. Here are some factors they might consider:

• The actions of the other driver: Did they violate traffic laws, drive under the influence, or make a reckless maneuver that caused the accident?
• The actions of the motorcycle operator: Was the motorcyclist speeding, intoxicated, or driving erratically?
• Your own actions as a passenger: Did you do anything that contributed to the accident?

For example, imagine you’re a passenger on a motorcycle, and the rider runs a red light. A car T-bones the motorcycle, causing you serious injuries. The court might find the car driver 70% at fault for failing to yield the right of way, and the motorcycle rider 30% at fault for running the red light. Since you’re less than 50% at fault, you can still recover compensation for your injuries. However, your damages award would be reduced by your percentage of fault (30% in this example).

Check out our article on How to Be a Good Motorcycle Passenger.

The importance of evidence in Kansas City motorcycle accidents

Having strong evidence to support your case is important in a comparative negligence situation:

• Police report: The police report will document the scene of the accident, witness statements, and the investigating officer’s preliminary findings.
• Medical records: Detailed medical records from doctors, hospitals, and therapists will document the extent of your injuries and the treatment you received.
• Photographs: Pictures of the accident scene, your injuries, and any damage to the motorcycle can provide valuable visual evidence.
• Witness statements: If anyone witnessed the accident, their statements can corroborate the events and support your claim.

Our experienced motorcycle accident attorneys in Kansas City can help gather this evidence and build a strong case to maximize your compensation, even if you share some fault.

What types of damages am I entitled to after a Kansas City motorcycle accident?

Motorcycle accidents can result in a wide range of physical, emotional, and financial damages. You may be entitled to compensation for:

• Medical expenses: This includes everything from ambulance rides and emergency room treatment to ongoing physical therapy and rehabilitation.
• Lost wages: If your injuries prevent you from working, you can recover compensation for lost income and any future earning potential you may have lost.
• Pain and suffering: This covers the physical and emotional pain you’ve endured due to the accident.
• Property damage: If your personal belongings, such as a helmet or jacket, were damaged in the accident, you can seek compensation for their repair or replacement.

In the tragic event that a motorcycle accident results in the death of the passenger, surviving family members may be able to file a wrongful death lawsuit. This lawsuit seeks compensation for the loss of financial support, companionship, and the emotional pain caused by the loss of a loved one. Our Kansas City motorcycle accident lawyers can help with this process.

How a motorcycle accident attorney can help

Motorcycle accident cases can be complex, especially when dealing with insurance companies. Our experienced motorcycle accident attorneys can:

• Investigate the accident: We will gather evidence, analyze the police report, and interview witnesses to determine the cause of the accident and identify the at-fault party.
• Handle insurance companies: Our lawyers negotiate with insurance companies to ensure you receive a fair settlement offer. We understand complex insurance policies and can advocate for your best interests.
• Deal with medical bills: We can help you navigate the complexities of medical bills and ensure you’re not held responsible for inflated charges.
• Represent you in court: If a fair settlement cannot be reached, our attorneys will represent you in court and present a strong case to maximize your compensation.

It’s important to keep the following in mind:

• Time limits: Our state has a statute of limitations, a deadline by which you must file a lawsuit. Missing this deadline may bar you from seeking compensation altogether. In Missouri, this statute of limitations is five years from the date of the accident and injuries.
• Motorcycle insurance: Missouri requires motorcycle passengers to have their own insurance coverage. If the motorcycle rider has a policy with uninsured/underinsured motorist (UM/UIM) coverage, you may be able to recover compensation through this policy if the at-fault driver has insufficient insurance.

Motorcycle accidents can be life-altering events. The physical and emotional toll they take can be overwhelming. Understanding your legal rights and seeking the help of an experienced motorcycle accident attorney can empower you to focus on your recovery while ensuring you receive the compensation you deserve.

If you’ve been injured as a motorcycle passenger in Kansas City, don’t wait to seek justice. The sooner you contact an experienced motorcycle accident attorney at Kansas City Accident Injury Attorneys, the sooner we can start building a strong case to recover the compensation you deserve for your medical bills, lost wages, and pain and suffering. Find out why so many clients choose Kansas City’s Favorite Law Firm. To schedule a free consultation with one of our skilled attorneys, just call our offices or submit our contact form. We are available any time at our main office in Kansas City, MO. You may also schedule an appointment at one of our other convenient office locations in Lee’s Summit, Parkville and St. Joseph (MO); Olathe, Kansas City, and Overland Park (KS).