Motorcycles are hugely popular in Illinois, with over 312,000 vehicles registered in the state. And while riding a motorcycle is often a safe and enjoyable activity, it can result in serious – if not fatal – injury. The risks can increase if you’re carrying a passenger, especially if you don’t have much experience driving with two riders on one vehicle.
What happens if you’re in a crash with two riders on one motorcycle? Do passengers have legal rights, and who can they sue? If you’re injured in a motorcycle crash, you should contact our lawyers immediately for a free case evaluation, where we’ll answer such questions as they relate to your case. But in the meantime, here’s an overview of who can claim damages after a motorcycle accident in IL.
Who Can Claim Compensation After a Motorcycle Crash?
Anyone injured in a motorcycle crash may have the right to seek compensation. Meaning it doesn’t matter whether you’re the driver or the passenger: you may have legal rights to seek damages.
First, though, you must show that you have a valid claim. This involves proving four things:
- Someone else owed you a duty of care, e.g., another driver.
- This party breached their duty of care, e.g., running a stop sign, lane splitting, and speeding.
- You were injured during the resulting crash.
- The other party’s negligence directly caused your injuries.
Our experienced motorcycle accident attorneys can assist passengers and drivers who wish to learn more about compensation claims.
Compensation Claims for Motorcycle Driver
Injured motorcycle drivers can file a claim against any party who caused their injuries. This usually means filing a claim with another driver’s insurance carrier. However, it can also mean suing a bike manufacturer, a mechanic for faulty work, and even your own passenger.
Yes, that’s correct. You may be able to sue your passenger if their negligence caused the crash. For example, if they jump around, obstruct your vision, or try to interfere with control of the vehicle, and you crash, you may hold them responsible for your injuries.
It is not easy to sue a passenger for motorcycle crash injuries. After all, as the driver, you’re ultimately responsible for the vehicle. There are also insurance considerations to bear in mind – you could be suing the passenger directly rather than an insurance carrier. However, even if you’re found partly to blame for the accident, you may still have a compensation claim. Our attorneys can evaluate the evidence and determine whether you have a case and who to sue.
Issues can also arise if you’re carrying a passenger on a vehicle not designed to carry passengers. Although the passenger must take responsibility for their safety to a certain extent, you’re obliged, as the vehicle owner, to drive with due care and attention. Our attorneys can help if you’re concerned about whether your claim may be affected by the type of motorcycle you traveled on.
Claiming Compensation as a Motorcycle Passenger
As the motorcycle passenger, you can sue the driver if their negligent actions cause the crash, e.g., they pass too close to another vehicle. You may be uncomfortable suing someone you know, but remember – the driver owed you a duty of care. If they drive carelessly, and you’re hurt in the resulting crash, you can claim compensation.
What if your driver was not at fault? You may sue any other at-fault party, such as another driver or the bike manufacturer. Our team can explain your rights as an injured motorcycle passenger.
It’s crucial to remember that although you’re not driving the vehicle, you’re an active participant in the ride. Avoid jumping around or distracting the driver, hold onto them, and lean with them when they travel around corners. Always wear appropriate safety equipment – a helmet, for example, can reduce the risk of severe head trauma.
Experienced Motorcycle Crash Attorneys in Naperville and Aurora IL
Whether you’re a driver or passenger, motorcycle crashes can be devastating. If you’re hurt after a motorcycle accident, Cullotta Bravo Law can help. Our experienced crash attorneys work across Aurora and Naperville, IL, to support personal injury victims and help them get the damages they deserve. If we determine that you have a case, we will explain your legal rights and handle negotiations on your behalf while you focus on recovery.
You deserve the chance to pursue the damages you’re entitled to. And that’s where having knowledgeable injury attorneys on your side can help. Don’t leave it too late – you only have so long to file a compensation claim. So, for a free case evaluation with Cullotta Bravo Law, complete our online form or call 620-898-7800.
