Motorcycle Passenger Rights After an Accident in Florida
Bill Allen | March 7, 2023 | Motorcycle Accident
Were you a motorcycle passenger who was injured in a crash? You may have suffered serious injuries following the accident and may have a right to receive compensation for them. Allen Law Firm, P.A., actively assists accident victims, including motorcycle passengers injured in motorcycle crashes. If you were hurt in a motorcycle accident, you can seek help from a motorcycle accident lawyer. But until then, read on to learn about your rights in this type of scenario.
Common Motorcycle Injuries
Unfortunately, motorcycles are far less crash-worthy than other vehicles that provide more protection to vehicle users. They are also more likely to be involved in an accident and to result in significant injury to the motorcyclist and passenger. In 2020, 5,579 people were killed, and 83,000 were injured in motorcycle crashes in the United States, according to the Insurance Information Institute.
Some of the most common injuries motorcycle accident victims suffer include:
- Traumatic brain injuries
- Spinal cord injuries
- Facial injuries
- Bone fractures
- Road rash
- Biker’s arm
These injuries are often expensive to treat and can lead to ongoing consequences.
Types Of Motorcycle Accidents
Passengers in motorcycle accidents generally have the right to seek compensation for the damages they suffered. Motorcycle accidents are typically one of the following:
Multi-Vehicle Motorcycle Accidents
Multi-vehicle motorcycle accidents are crashes that involve two or more vehicles. The rider of the motorcycle with the passenger may or may not be to blame for the accident.
Common causes of multi-vehicle motorcycle accidents include:
- Passenger vehicle drivers do not see motorcyclists or do not yield their right-of-way
- Illegal turns or lane changes
- Reckless maneuvers by the passenger motorcycle rider, including lane-splitting or speeding
- Failure to follow traffic control devices
- Sudden stops
- Open car doors impeding the path of an oncoming motorcyclist
Whatever the reason, motorcycle accident victims will need to be able to show who was at fault for the accident to seek compensation for the injuries they suffered. Florida law requires personal injury protection (PIP) insurance that covers the injuries victims suffer in motor vehicle accidents, regardless of who was at fault for the accident. However, motorcycles are not eligible for this coverage.
Single-Vehicle Motorcycle Accidents
Other motorcycle accidents may occur when only the motorcycle is involved. The motorcycle rider may crash into a fixed object or crash without any other object involved. Common reasons for these types of accidents may include:
- Mechanical malfunction, such as brakes or carburetor not working properly and causing the motorcyclist to lose control of the motorcycle
- Reckless driving maneuvers by the motorcyclist, such as lane splitting or speeding
- Drug or alcohol impairment
- Motorcycle defect
- Road defects
In these accidents, there may be various parties at fault for the accident, including:
Rider of the Motorcycle
The motorcycle rider may be responsible for the accident if they acted recklessly or negligently at the time of the accident.
Motorcycle or Parts Manufacturer
If a defective motorcycle or part caused the accident or for the motorcycle rider to lose control of the vehicle, the manufacturer of the defective product may be to blame for the accident.
Motorcyclists are more vulnerable to road defects than other vehicles because they are on two wheels and lower to the ground. They may be involved in accidents caused by defective roads, such as:
- Dangerous road design
- Failure to maintain the roadway
- Oil spills and other liquids on the roadway
- Debris left on the roadway
- Uneven roads
- Unmarked road drop-offs
For any of these types of claims, the motorcyclist will need to show the defendant was negligent in order to succeed.
What To Do After a Motorcycle Accident in Florida
Here are steps you can take after a motorcycle accident:
- Report the accident and call for help
- Seek prompt medical attention
- Take pictures or video of the accident scene
- Get the personal and insurance information from all other drivers involved
- Request a copy of the accident report
Finally, if you were injured as a passenger in a motorcycle accident, seek the help of a motorcycle passenger injury attorney. A lawyer can advise you on your best legal course of action to receive maximum compensation for your injuries.
Contact Our Gainesville Motorcycle Accident Law Firm in North Central Florida
If you need legal assistance, contact the Gainesville motorcycle accident lawyers at Allen Law Firm at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Firm, P.A. – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
Allen Law Firm, P.A. – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
Allen Law Firm, P.A. – Ocala Office
112 S Pine Ave
Ocala, FL 34471