When we think of motorcycle injuries, our first thoughts are of injuries to the motorcyclist as a result of a negligent driver. While it is true that most motorcycle accidents are not the motorcyclist’s fault, negligent motorcyclists are on the road and their actions often affect any passengers that may be on their bikes at the time of an accident. If the motorcyclist is at fault for the accident, he or she is liable to cover the expense of medical care for his or her passenger.
What is Negligence?
People interpret negligence in many ways, but what defines a negligent act is whether or not the person who committed the act made proper steps to avoid repercussions. Intent is not a factor when defining negligence and therefore, a person who did not willfully harm another person can be as guilty of negligence as someone who knowingly failed to take the necessary steps to prevent harm to another person. Many negligent motorcyclists have no intention of harming their passengers and often cause accidents through ill-advised showboating in attempts to impress other people. Regardless of the cause of the injury to his or her passenger, if a cyclist is at fault for an accident then he or she will be liable for damages.
The Role of Insurance
Many passengers who have been injured in a motorcycle accident have some form of close relationship with the operator of the motorcycle. These relationships may dissuade the injured passenger from pursuing a case, but those who do not pursue a case are normally not aware of how the financial responsibility for the accident is distributed. If the motorcyclist has insurance, his or her insurance will cover the brunt of the costs— up to the limits of the person’s coverage. Oftentimes, if this is not enough, the passenger may also file a claim against his or her own insurance to cover the difference.
Nobody should feel guilty about filing a claim against someone they know if that person is responsible for his or her injuries. The role of insurance is to cover the expenses of such unforeseen incidents and a claim should be made when it is required. Because motorcyclists are responsible for protecting their passengers, they should have sufficient insurance coverage in order to pay for any damages that may result from an act of negligence.
Motorcycles are fun to operate and ride on, but they are powerful and dangerous vehicles. Do not ride with a cyclist who is known for his or her recklessness and aggressive stunts on the road. If you have auto insurance, make sure that it has underinsured drivers coverage, because in the event that you are injured while riding on a motorcycle, this coverage may pay the difference between what the motorcyclist’s insurance covers and the full extent of the damages. Taking these two precautions will reduce the risk of you being involved in an accident while riding on a motorcycle and will also cover you in the event that you do happen to become injured.
Securing legal compensation for injured motorcycle passengers
In order to present your case to insurance companies, you will want an advocate with experience and knowledge in motorcycle injury law. Rosenfeld Injury Lawyers are the trusted firm throughout Chicago and Illinois for representing those who have been injured at no fault of their own. We will evaluate the details of your case and inform you of all of the steps that you need to take in order to collect the damages that are owed to you. Our consultations are free and so are our services if we are unable to collect for you.