Motorcycle Passenger Injuries: Rights and Legal Options

Motorcycle crashes hit passengers in ways many people don’t think about. Past statistics have revealed the dangers these crashes present. According to the National Highway Traffic Safety Administration, passengers made up 44 percent of those killed in motorcycle accidents during 2022.

After a motorcycle crash, injured passengers often don’t know where to turn. The driver might have insurance, but is it enough? Should another driver pay? What about your insurance? These questions pile up just when you are trying to recover. A free consultation with Johnston Personal Injury Law Firm’s lawyers can help you understand your rights and legal options after a motorcycle crash.

What Should You Do After a Motorcycle Crash as a Passenger?

The steps you take after a motorcycle accident can protect both your health and legal rights. Here are some actions that can greatly affect your accident claim:

• Seek medical attention immediately: Even if you don’t have visible injuries, problems like concussions or internal bleeding may develop hours or days after the crash.
• Report the accident and request the police report: Police will document important details of the scene, including possible causes and names of witnesses.
• Document everything: Take photos of your injuries and the motorcycle crash scene. Keep records of all medical treatments and bills.
• Be careful when talking to insurance companies: The insurance adjusters may trick you into saying things that can harm your injury claim.

What Types of Injuries Are Common in Passenger Claims?

Motorcycle accident injuries are almost unavoidable. Even the most careful passengers can suffer harm during a crash. 

Here are examples of injuries that motorcycle passengers may face:

• Head and brain injuries, even when wearing a helmet
• Spinal cord injuries, which can cause paralysis or chronic pain
• Broken bones, especially in the arms, legs, and ribs
• Road rash and deep cuts that may need surgery
• Internal injuries to organs and blood vessels
• Emotional trauma, including fear of riding again

Each of these injuries can mean a long recovery, permanent disability, or lasting emotional effects. That is why fair payment matters, not just for today’s bills but also for your future needs.

Medical Care After a Motorcycle Accident as a Passenger

When severe injuries occur, a medical case manager can help coordinate care across your providers. Motorcycle passengers often need specialized treatment from multiple medical specialists. Coordinating between the different medical facilities and insurance plans is necessary, as these medical needs can create significant expenses.

For your legal claim, get detailed physician reports that clearly show:

• Your specific injuries and how they directly relate to the accident
• Complete treatment plans for medications, therapy, and surgeries
• Your long-term outlook and possible future complications
• Cost estimates for ongoing and future medical care

Always maintain thorough records during treatment. Good medical documentation proves both your injuries and your right to fair compensation.

What Damages Can Motorcycle Passengers Recover?

Insurance companies tend to offer settlements for short-term costs, but you deserve more. Injured motorcycle passengers and vehicle passengers alike can seek compensation that covers both immediate and long-term needs. 

In most states, you can recover damages for:

• Current and future medical bills
• Lost income during recovery
• Reduced earning capacity
• Home/vehicle modifications for disabilities
• Replacement of damaged property
• Physical pain and suffering
• Emotional distress and post-traumatic stress disorder (PTSD)
• Loss of enjoyment in activities
• Permanent scarring

A skilled personal injury lawyer can calculate the true cost of your injuries and seek maximum compensation for you. The lawyer can also enlist the help of financial specialists and life care planners to provide detailed expense projections.

Who Is Responsible When a Motorcycle Passenger Gets Hurt?

When an accident occurs, passengers rarely bear responsibility for the crash. You trusted the motorcycle operator and other drivers on the road to follow safety rules. 

It’s easy to blame the bike rider or other driver for the crash, but more than one party may be involved. 

The following parties may be at fault for a motorcycle accident:

• The motorcycle operator, if he was speeding, impaired, or inexperienced
• The other driver who caused the crash by driving recklessly
• The motorcycle or part manufacturers, if something was poorly made or designed
• The government agencies, if poor road conditions or missing signs played a role

What If You Were Partially At Fault?

Passenger fault is rare, but it is not impossible. After a crash, insurance companies look for any reason to reduce your compensation. If you were on the motorcycle, insurers might try to argue that you played a role in causing the accident.

Common allegations include:

• You distracted the motorcycle operator
• You were not wearing a helmet in a state where it is required 
• You encouraged risky behaviors such as speeding

Most states use comparative negligence laws. This means you can still recover damages, but the amount may be reduced based on your level of fault. Every case is different, so it’s important to know how your state handles shared responsibility.

What to Know About Liability Waivers as a Motorcycle Passenger

Some motorcycle operators ask passengers to sign liability waivers before a ride. These waivers are more common in service settings but can also occasionally show up between private riders and their guests. These waivers are meant to limit the bike operator’s responsibility if something goes wrong.

How Waivers Affect Your Rights After a Crash

In most states, including Oregon, waivers cannot excuse motorcycle operators completely. However, if the waiver is clearly written, it may offer some protection. Courts often look at these agreements closely, especially when a passenger is seriously hurt due to the bike operator’s mistake.

Several factors affect whether a waiver could limit your ability to recover damages, such as:

• Whether the waiver clearly describes passenger-specific risks
• If you were given time to read and understand what you were signing
• If the motorcycle operator’s behavior was extremely reckless
• Whether the waiver conflicts with state laws or public policy

Even if you signed a liability waiver before a ride, you might have legal options. Waivers usually do not affect your right to bring a claim against third parties, like another driver or a manufacturer.

Can You File a Claim If the Driver Is a Friend or Partner?

Yes, as a passenger, you have the right to file claims against any responsible party’s insurance. While it might feel awkward to file against someone you know, it’s often necessary for your recovery. Remember, you are not suing that person personally. You are filing a claim against his or her insurance policy.

Most states, including Oregon, require drivers to carry liability insurance for this exact purpose. Your friend or loved one likely wants you to recover fully, and insurance exists for this exact situation.

How Does Insurance Work for Motorcycle Passenger Injuries?

Insurance coverage for motorcycle passengers can be complex. Here is what you need to know:

• Motorcycle liability insurance covers injuries caused by the operator’s mistakes
• MedPay is an optional coverage that can help with medical bills, regardless of fault
• Uninsured/underinsured motorist coverage can come into play when the at-fault party lacks enough insurance
• Health insurance may cover some treatment, but you may need to pay back if you get a settlement

It’s common for multiple policies to be involved. A motorcycle accident lawyer can identify which insurance policy applies in your case.

How Long Do You Have to File a Claim?

Most states have time limits ranging from 1 to 3 years. In Oregon, you generally have 2 years to file a personal injury claim.

But don’t wait until the last minute. Evidence disappears quickly. Witnesses forget what they saw. Additionally, insurance deadlines can come much sooner. A lawyer can help you file on time and protect your right to payment.

What Happens During the Settlement Process?

Most motorcycle passenger injury claims end with a settlement instead of going to trial. The process can take time and has several steps. Knowing what to expect helps you avoid accepting a low offer too quickly.

Here is a breakdown of the settlement process:

• Investigation: During the first 1-3 months, your attorney collects evidence
• Medical treatment: This period allows doctors to treat you and understand the full extent of your injuries
• Demand letter: Your attorney sends a formal letter to the insurance company outlining your injuries, why the operator is responsible, and how much compensation you are seeking
• Negotiations: The insurance company usually responds with an offer lower than what you requested
• Resolution meeting: If direct negotiations stall, you might attend a mediation where a neutral third party helps both sides reach an agreement

Throughout this process, insurance adjusters employ various tactics to minimize settlements. Adjusters may unnecessarily delay responses, request redundant information, or make “final offers” that aren’t final. Experienced legal representation helps navigate these tactics and maintains momentum toward a fair resolution.

You Deserve Answers, Support, and a Path Forward

Motorcycle passengers face a harsh reality after crashes. Though you weren’t steering the bike, you may still suffer the burden of serious injuries. If you were a passenger, you don’t have to figure everything out alone after a motorcycle accident.

At Johnston Personal Injury Law Firm, we help injured passengers learn their rights, deal with insurance companies, and recover the compensation they are owed. Whether your crash happened in Oregon or elsewhere, we bring the same care and focus to every case we handle. Contact us today to request a free consultation online and find out how we can assist you.