Can a Passenger File a Motorcycle Accident Claim?

Passengers have the right to file an accident claim if they are injured while riding on the back of a motorcycle. Like motorcycle drivers, passengers are at serious risk of injury. However, they have the least amount of control during a collision. To understand your rights and pursue a legal claim against the appropriate party, the Chicago motorcycle accident lawyers at Taxman, Pollock, Murray & Bekkerman can provide insight and direction to help you navigate the legal process. 

Who Motorcycle Passengers Can File a Claim Against

Motorcycle passengers have the right to file a claim against the party responsible for causing the accident. This could vary depending on what factors contribute to the accident. This often requires a thorough investigation by law enforcement and your motorcycle accident attorney to determine who is responsible for causing the accident and how they contributed to it. Parties that a passenger can hold accountable include:

• Motorists
• Motorcycle drivers
• Manufacturers 
• Government entities and municipalities

Passengers can file a claim against any one of these parties, as applicable. The basis for a claim is whether or not the other party acted negligently in some manner and caused you harm as a result. If you have unfairly paid the price for another party’s actions, then you have the right to legal action. A motorcycle accident lawyer in Chicago can walk you through how fault is determined after an Illinois motorcycle accident and help you handle your case. 

What to Do as a Passenger After a Motorcycle Accident

Motorcycle passengers involved in accidents should focus on protecting themselves. First and foremost, they should prioritize medical care and see a doctor to assess the true extent of their injuries. If possible, you should take photos of the crash and your injuries. If the driver filed a police report, make sure to get a copy and keep all of your medical records. You should also exchange insurance information with all parties and hire a motorcycle accident attorney to help you navigate your claim so you can recover the maximum amount.

What Compensation Can Be Recovered After an Accident as a Motorcycle Passenger?

Even though you may have been a passenger, you can generally recover the same types of losses that a motorcycle driver can. This typically includes medical expenses, lost wages, your pain and suffering, emotional distress, and reduced quality of life. The losses you can recover will be specific to your situation, as well as how much they are worth. However, it is important to pay attention to the 2-year statute of limitations outlined in 735 ILCS 5/13-202 to make sure you can recover your losses. 

Wrongful Death Compensation for Motorcycle Passengers

If a motorcycle passenger was killed in an accident or later died from the injuries they sustained, their families can pursue compensation on their behalf through a wrongful death claim. This allows immediate family members to recover the losses the decedent would have been able to recover if they had lived, and helps offset the various unexpected costs and losses caused by the decedent’s untimely death. 

Consult a Chicago Motorcycle Accident Attorney After an Accident

Motorcycle accidents can result in serious and long-lasting injuries for passengers, which can profoundly affect their lives. The motorcycle accident lawyers at Taxman, Pollock, Murray & Bekkerman know how daunting the path ahead may feel, and will make sure that you have the representation you need to recover your losses and rebuild your life and financial stability.

Contact our motorcycle accident attorneys in Chicago at (312) 586-1700 for legal guidance today.