Who can be sued for a Motorcycle Passenger Accident?

Unlike other automobiles, a motorcycle lacks outer protective shell and has no passive protective system such as a seat belt and an airbag. A motorcycle accident, therefore, can cause serious injuries to its passenger as well as its rider. However, injured passenger in a motorcycle accident may have the legal option of suing the responsible parties and recovering damages. Following are the responsible parties:

•         If the accident was caused as a result of poor decision-making or negligence on the part of the motorcycle operator, he may be held responsible for the accident. Negligence include speeding, improper lane change, improper turns and failure to maintain or repair the motorcycle.
•           If your injury was caused by a collision with another vehicle, the driver of the other vehicle may be held responsible for your injuries. However, this will largely depend on the facts and circumstances of the particular collision.
•        A motorcycle accident may be caused as a result of a failure. This failure may happen for a number of reasons, and a number of people may be legally liable for this. When brakes or indicators are improperly repaired and cause an accident, the repair shop or mechanic may be held responsible for the accident. If the accident was caused as a result of a defect in the design or manufacture, the manufacturer may be held responsible.
•        A motorcycle is much more affected by a roadway defect than automobiles. A pothole, bridge seam or an undulating asphalt surface can easily cause a motorcycle to veer, causing injury to the rider and the passenger. In the case of an accident caused as a result of a roadway defect, the state, county, city or town government may be held legally liable since roadway maintenance is their responsibility to maintain a roadway.

You may also be able to bring a claim for personal injuries against your own insurance company. “No-fault” insurance states require the victim to first pursue a claim with their own insurance company. A claim cannot be brought against the negligent party unless the injuries are deemed serious.

Victims in other states may be able to pursue compensation through the uninsured/underinsured motorist coverage.