Motorcycle accidents can be terrifying, especially for passengers who often have little control over the situation. If you have been involved in a motorcycle accident as a passenger, you may be wondering what legal options are available to you. The good news is motorcycle passengers in Pennsylvania have specific rights when it comes to seeking compensation after an accident. Whether the motorcycle rider was at fault, another driver caused the crash, or hazardous road conditions contributed, you may be entitled to pursue legal action.
At Rubin, Glickman, Steinberg & Gifford, P.C., we understand the difficulties motorcycle passengers face after an accident. From physical injuries to medical expenses, recovery can be both financially and emotionally overwhelming. Our team is committed to ensuring you know your rights and helping you navigate the legal process. We are here to help you recover the compensation you may be entitled to.
Liability in Motorcycle Passenger Accidents
Determining who is responsible for a motorcycle accident can be complex, and liability plays a critical role in securing compensation. In Pennsylvania, motorcycle passengers have the right to file a claim against anyone whose negligence contributed to the accident. This could include the motorcycle rider, another driver, or even a municipality responsible for dangerous road conditions.
One common situation is when the motorcycle rider is at fault for the accident. Even if you know the rider personally, you are entitled to file a claim against their insurance to cover medical expenses and other damages. Motorcycle passengers are considered third parties in these cases, which means their claims do not impact the rider’s coverage beyond the claim itself.
On the other hand, if another vehicle caused the accident, you can pursue compensation from that driver’s insurance. Pennsylvania follows a fault-based system for accidents, meaning the party responsible for causing the accident is liable for paying damages. In some cases, multiple parties may share responsibility, such as when both the motorcycle rider and another driver were partially at fault.
Understanding Insurance Coverage for Motorcycle Passengers
Insurance coverage plays a pivotal role in the legal rights of motorcycle passengers. In Pennsylvania, motorcycle insurance typically does not offer the same level of personal injury protection (PIP) that automobile insurance does. This means motorcycle passengers will need to rely on the at-fault party’s liability insurance to cover their medical costs and other damages.
One option available to motorcycle passengers is filing a claim under the motorcycle rider’s liability insurance. If the motorcycle rider carries adequate insurance, it may cover your injuries, medical expenses, and lost wages. However, it is important to note some policies may have limitations, so a thorough review of the insurance details is necessary.
In cases where another driver is responsible, their liability insurance should cover your damages. If their insurance limits are insufficient to cover your full range of expenses, you may be able to seek additional compensation through underinsured motorist coverage (UIM). UIM coverage is designed to fill in the gaps when the at-fault driver’s insurance does not fully compensate you for your injuries.
Filing a Personal Injury Lawsuit as a Motorcycle Passenger
Motorcycle passengers injured in an accident have the legal right to file a personal injury lawsuit against the responsible party. Whether it is the rider, another driver, or a third party responsible for dangerous road conditions, a personal injury lawsuit allows you to seek compensation for your medical bills, lost income, and pain and suffering.
To pursue a personal injury claim, it is important to prove the other party’s negligence caused the accident. This requires gathering evidence, such as police reports, witness statements, and any available video footage. In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit, so acting promptly is essential.
In cases where multiple parties share responsibility, Pennsylvania follows a “comparative negligence” rule. This means even if you, as a passenger, are partially at fault for the accident (for example, by not wearing a helmet), you can still recover damages. However, the amount you recover may be reduced by the percentage of fault assigned to you.
How Can Rubin, Glickman, Steinberg & Gifford, P.C. Help You?
If you have been injured in a motorcycle accident as a passenger, navigating the legal system can be overwhelming. At Rubin, Glickman, Steinberg & Gifford, P.C., we have a talented team of attorneys who may be able to help you understand your rights and seek the compensation you deserve. With over 65 years of experience in personal injury law, we have earned a strong reputation for securing favorable outcomes for our clients.
We understand the challenges you may face after a motorcycle accident, including financial strain and emotional distress. Our team is dedicated to building a case that reflects the full impact of the accident on your life, from medical costs to lost wages and pain and suffering. Contact us today to learn how we may be able to help you pursue compensation and achieve peace of mind. To schedule a consultation, call (215) 822-7575 or fill out our contact form.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 12, 2024
