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Motorcycle passengers who suffer injuries in accidents have distinct legal options that differ from those available to operators. If you were hurt while riding as a passenger, you may be entitled to compensation from the at-fault driver, whether that is the motorcycle operator, another motorist, or both. A Bryan motorcycle accident attorney can evaluate your case, identify liable parties, and pursue the compensation you deserve for medical expenses, lost wages, and pain and suffering.
Your Unique Legal Position as a Motorcycle Passenger
As a motorcycle passenger, you occupy a unique position in injury claims. Unlike drivers, passengers are rarely found at fault for causing accidents. This means you generally have a clearer path to recovery because you were not controlling the vehicle. You can pursue claims against:
- The motorcycle operator if their negligence caused the crash
- Another driver whose careless actions led to the accident
- Both parties if they share fault for the collision
Texas follows a modified comparative fault rule. As long as your responsibility is 50 percent or less for the cause of the accident, you can recover damages. Since passengers typically bear no fault, this rule works in your favor.
Filing Claims Against the Motorcycle Operator or Other Drivers
Many passengers hesitate to file claims against someone they know, especially if the motorcycle operator was a friend or family member. However, personal injury claims are handled by insurance companies, not paid out of pocket by the individual. Filing a claim allows you to access the compensation you need without placing a financial burden on your loved one.
When another vehicle causes the accident, you file against that driver’s liability insurance. In crashes where both the motorcycle operator and another driver share fault, you may recover from both insurance policies to maximize your compensation.
Texas Helmet Laws for Passengers
Texas law requires all motorcycle passengers under 21 to wear a DOT-approved helmet. Passengers 21 and older may ride without a helmet only if the motorcycle operator meets specific exemption requirements, having completed a safety course or carrying adequate health insurance coverage.
If you were not wearing a helmet during the accident, this could affect your claim. Insurance companies may argue that your injuries would have been less severe with proper headgear, potentially reducing your compensation under comparative fault principles.
Insurance Complications in Passenger Claims
Motorcycle passenger claims can involve multiple insurance policies, creating complications. The motorcycle operator’s liability coverage, the other driver’s insurance, your own uninsured/underinsured motorist coverage, and medical payments coverage may all come into play.
When the at-fault driver lacks sufficient insurance to cover your damages, your own UM/UIM coverage can bridge the gap. This coverage applies even when you are a passenger on someone else’s motorcycle. MedPay coverage can also help with immediate medical expenses regardless of fault.
Compensation Available for Passenger Injuries
Injured motorcycle passengers can recover damages including:
- Medical expenses—emergency treatment, surgeries, rehabilitation, and future care
- Lost wages and reduced earning capacity
- Pain and suffering
- Disfigurement and scarring
- Mental anguish and emotional distress
Texas imposes a two-year statute of limitations on personal injury claims in most cases. Missing this deadline means losing your right to pursue compensation through the courts.
Get Help With Your Motorcycle Passenger Injury Claim
Motorcycle passenger injuries often result in significant medical bills and long recovery periods. Scott Scherr at The Payne Law Group has helped injured victims throughout Bryan pursue full and fair compensation. Contact our office for a free consultation to discuss your case.