Motorcycle passengers are just as susceptible to injuries in a crash as the person operating the motorcycle. However, many injured motorcycle passengers don’t fully understand their legal rights and wonder whether they can seek compensation from the liable parties who caused the accident. If you’re asking yourself, “Can a motorcycle passenger file a claim after an accident?” the answer is a definite yes. Here is more information that you need to know about motorcycle passenger rights in Louisiana.
When a Motorcycle Passenger Can File a Claim After an Accident
Broadly speaking, injured motorcycle passengers in Louisiana have the same right to file a claim after a motorcycle crash as anyone else involved in the accident. To win a motorcycle passenger injury claim, they must show that someone else’s careless actions caused the collision and their resulting motorcycle injuries. Anyone with a motorcycle passenger claim should speak with an attorney immediately to make sure they fully understand their legal options.
Louisiana Laws Protecting Injured Motorcycle Passengers
Louisiana law requires all drivers to follow safety regulations and avoid careless actions that cause a crash. This principle applies to everyone on the road, including motorcycle drivers. Therefore, injured motorcycle passengers can seek compensation after a collision by arguing that another driver, the motorcycle operator, a vehicle manufacturer, or someone else broke the law and caused the accident.
Louisiana law accounts for situations where a passenger may have played a role in the injuries sustained in a motorcycle accident. Under the state’s newly revised comparative negligence rule, a passenger can seek compensation as long as their percentage of fault is less than 51 percent. In these circumstances, the passenger’s compensation is reduced by their percentage of fault. However, injured passengers cannot recover compensation if their level of fault is 51 percent or higher.
Who May Be Liable for a Motorcycle Passenger’s Injuries
Multiple parties can be legally responsible in a motorcycle passenger claim. Those who may be held liable if you were injured as a motorcycle passenger include the following:
- The motorcycle operator – If the operator caused the accident due to impairment, speeding, distraction, or other carelessness, an injured passenger might have a case against the operator.
- Another driver – Drivers in cars or trucks frequently cut off motorcycles or fail to notice them. If another vehicle causes a motorcycle to crash because the driver was negligent, an injured motorcycle passenger likely has a claim against the other vehicle’s driver.
- Motorcycle manufacturers – Brake failures, steering defects, and other examples of manufacturer negligence can all cause accidents.
An experienced personal injury attorney can help identify the responsible party for your injuries and help you pursue compensation for your medical bills, lost wages, and other economic and non-economic damages.
Why Filing a Motorcycle Passenger Claim with a Lawyer Can Make a Difference
If you were a passenger on a motorcycle injured in an accident, hiring an attorney is essential. Your motorcycle accident lawyer in Louisiana can investigate the crash, document your losses, negotiate with the insurers for you, and prepare your case for trial. They also use your medical records, financial documents, expert testimony, and other evidence to illustrate all the harm you’ve suffered and maximize your claim’s value.
Ready to speak to a lawyer about your injured motorcycle passenger claim in Louisiana? Call The Thibeaux Firm now or complete our contact form for a free consultation.
