Can You Sue as an Injured Motorcycle Passenger?

Riding as a passenger on a motorcycle puts you at a high level of risk should an accident occur. You may suffer significant injuries, even life-threatening losses, after a simple bike ride goes bad. This not only creates change in your life, but it may also lead to a large amount of medical debt, an inability to work, and a loss of quality of life. 

When this happens to you, you may wonder what your legal options are. Can you sue as an injured motorcycle passenger? Even if you were not the driver, you may have several legal options available to you to see compensation for what’s occurred.

At Gatti, Keltner, Bienvenu & Montesi, PLC, we work with victims of motorcycle accidents to help them to get the compensation they are owed after accidents like this. If you were a passenger, it helps to know your legal rights in pursuing that compensation.

Who May Owe You for Your Losses?

It can be worrisome after such an accident to know who is responsible and how to seek compensation. If your friend was driving the motorcycle and caused the incident, you may feel bad about seeking compensation from them. Yet, most of the time, they have insurance to help cover those losses. 

The key here is to understand who is to blame and, as a result, who should pay for the losses you’ve incurred. There are a few other things to keep in mind. The following could be responsible for your motorcycle accident:

• The operator of the motorcycle
• The driver of another vehicle that causes the accident
• The manufacturer of the motorcycle
• The government entity that did not maintain the roadway

Proving Fault

Who is responsible – and who you should seek financial compensation from – is dependent on the circumstances surrounding your case. As a motorcycle attorney, we work with clients facing the need to seek compensation from any of these entities based on their specific circumstances.

Fault in Tennessee is dependent on numerous factors, including the evidence at the scene of the incident, the outcome of the incident, witness statements, and even expert statements. The investigation into this has to be conducted thoroughly and fairly, and that is not always easy to do. 

Often, the police, who make the initial determination of fault, are rushed or do not have all information at hand. That is why it is so important to work with an attorney who can help you pursue actions that fit the specific circumstances of the case.

Comparative Fault in Tennessee Plays a Role in This Process

In some situations, it is not just one person that is to blame for the incident. As the passenger on the motorcycle, it is not likely that you could be to blame for the incident (unless you somehow caused it). Yet, it is possible that more than one other party is responsible. 

For example, the motorcycle operator could be 40% responsible, and another driver may be 60% responsible. This is known as comparative fault.

Once fault is determined, the actions you take as the passenger are dependent on who is at fault. This provides you with some insight into who you should seek damages from.

What Do You Do to Seek Out Damages After a Motorcycle Accident?

We encourage you to get the medical care you need, file a police report documenting what you witnessed and experienced, and then contact a motorcycle attorney (one of your own) to seek help in pursuing compensation. Avoid speaking to insurance companies who may not be willing to provide you with the compensation you’re fully owed. Here’s what to expect from this process.

Determine What You Are Owed

The first step is to understand what you’ve lost from this accident. You may have medical bills that document the injuries you had, but your losses may go much further than this. It is very common, for example, for passengers to suffer from post-traumatic stress disorder after such a traumatic event. 

You may be afraid to ride on a motorcycle again. You may also be struggling with emotional difficulties, pain that limits your quality of life, and lost time at work. You may be owed compensation for all of these losses.

Determine Who Is Responsible

Your motorcycle attorney will then work closely with you to determine who is at fault for your losses. Don’t feel bad if this is your friend who was operating the motorcycle. The fact is, it is generally their insurance company that will be responsible for covering the losses. 

In every situation, our goal is to ensure that those responsible for your losses are required to pay for them.

Filing a Claim with the Insurance Company

If you are working with a motorcycle accident attorney, your attorney can handle the claim filing for you – and this is beneficial to you in most cases. It enables you to avoid having to speak to an insurance company that may try to minimize what they pay out or trick you into admitting some type or level of guilt. Let us handle that process for you.

Go to Court When Necessary

Most of the time, insurance companies will settle, though it may take some negotiation. However, if that does not happen, it is possible to go to court. Suing the responsible party in a motorcycle accident like this is a necessary step in some situations, and having a trial-ready attorney can make a big difference in the outcome that you have in these situations. 

Let us help you navigate that process.

Now Is the Right Time to Take Action

There is a statute of limitations in Tennessee for filing a personal injury claim. More so, you want to act as soon as possible while evidence and witness statements are fresh in your mind. We can help you. 

Turn to Gatti, Keltner, Bienvenu & Montesi PLC for immediate legal help. If you are a passenger on a motorcycle and an accident occurs, meet with us to discuss your needs. We can provide you with a free consultation to discuss your case.