If a person is a motorcycle passenger and they’re involved in an accident, they may be able to recover damages from the operator, the other motorist or both, depending on the case’s circumstances. In some cases, the victim may be able to file a product liability claim against the motorcycle’s manufacturer. Passenger injury cases are typically simpler to resolve than other personal injury case types because there’s little chance of the injured passenger being responsible. Read further to learn more about passenger injury cases involving motorcycles.
When the Motorcycle Is the Only Involved Vehicle
If the bike is the only involved vehicle, the claim must be filed against the operator of the motorcycle. As in other negligence cases, the claimant must be able to fulfill two elements to win: liability and damages. If the passenger can document the operator’s negligence, they will prevail in court.
There are two types of single-vehicle accidents: where the motorcyclist negligently hits something, or where the bike crashes due to a mechanical defect. Negligence or product defects cause most single-vehicle motorcycle accidents.
Multi-Vehicle Motorcycle Accidents
If a person is a motorcycle passenger and they’re in an accident with another car or truck, they may be able to file against both the operator and the other driver unless the fault is evident. Passengers should realize that accidents can occur even if there’s no contact between the bike and the other vehicle. If a negligent driver causes a motorcycle accident and can’t be found, a motorcycle accident lawyer in Orange, VA can’t move the claim forward unless the operator or passenger has uninsured motorist coverage.
Gathering Evidence
The first thing an injured passenger should do after an accident is to get the names and contact information for all witnesses. Passengers should take pictures right away, if possible, of the accident scene and the other vehicles. Police should be notified immediately to create an official record of the accident. All involved parties should remain on the scene until law enforcement personnel arrive.
Motorcycle accident claims should be filed with the operator’s and the other motorist’s insurance companies unless there was no negligence involved. Whether an accident is due to another person’s negligence or a product defect, it is important to call a motorcycle accident lawyer in Orange, VA immediately. When they Visit Gayheart & Willis P.C., clients can preserve evidence and protect victims’ rights.