Motorcyclists are at a higher risk of getting minor or catastrophic injuries if they get into an accident with a car or truck. That risk also applies to motorcycle passengers. Therefore, just like riders, they also reserve the right to file a lawsuit against the at-fault parties for injury compensation and property damages.
So, if you’ve been asking yourself, can you sue for compensation as an injured motorcycle passenger, the short answer is yes. However, the other vehicle driver isn’t the only person you can sue.
In this post, we’ll dive deeper into a liability for passenger injuries following a crash in Nevada and the importance of hiring an experienced motorcycle accident lawyer for legal representation.
Liability for Passenger Injuries in a Nevada Motorcycle Accident
Depending on the facts and circumstances of a Nevada motorcycle accident case, multiple parties can be held liable for injuries sustained by passengers, including:
§ The Other Vehicle Driver
When a motorcycle crashes into another vehicle, the resulting injuries can be serious or even fatal. As a result, passengers can sue the other driver for compensation if they were driving recklessly or negligent in another way.
§ The Rider
Yes, a passenger can sue the motorcycle operator as well if they were reckless or careless. For instance, the rider could be speeding or riding under the influence of drugs or alcohol without the passenger knowing. As a result, they can be held liable for any injuries or property damage.
§ The Motorcycle Manufacturer
Motorcycle crashes aren’t always caused by head-on collisions. In many cases, a motorcycle can crash due to mechanical failure, defective parts, or other issues with the motorcycle. In these circumstances, the passenger can sue the manufacturer under the theory of products liability and seek compensation for injuries or damages.
§ Local or State Manicupality
Finally, an injured motorcycle passenger can also sue a local municipality in Nevada for defects in the roadway or other infrastructure issues that may have caused the accident. These bodies can be held liable for any hazardous conditions they fail to remedy.
Rules Motorcycle Passengers Should Know
Before suing for compensation as an injured motorcycle passenger, here are two important rules you should know about:
1. Passengers Can’t File a Claim Against their Auto Insurance Company
Even though motorcycles also transport drivers and passengers from one place to another, they require separate insurance policies. So, if you don’t have a motorcycle insurance policy, you won’t be covered for injuries if you’re involved in a crash caused by insured/underinsured drivers or riders.
2. You Can’t Sue the Other Party If You’re More than 50% Responsible for the Accident
Passengers can sometimes be held partially or fully liable for accidents. For example, they can interfere with the rider’s driving by moving forcefully, standing up, or not leaning during turns. Moreover, they can also be held liable if they intentionally damage or sabotage a motorcycle.
In extremely rare cases, passengers are held partially liable if they own a poorly-maintained or damaged motorcycle that crashes.
Contact a Nevada Motorcycle Accident Lawyer Right Away!
If you’ve been involved in a motorcycle accident in Nevada as a passenger, contact Bourassa Law Group immediately. Our team of experienced Nevada motorcycle accident lawyers has the tools, resources, and connections to get you the compensation you deserve.
So, contact us at 800-870-8910 and set up a free consultation to learn more about our legal services and discuss your case.
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