Legal Rights of Passenger in Motorcycle Accidents

Being a passenger in motorcycle accident will give you a number of legal options for compensation. Depending on the situation, you have the option of either filing for a personal injury claim against the operator of the motorcycle or a defective product claim against the manufacturer of the motorcycle, or even both. Because it is rarely a chance of finding fault from a motorcycle passenger, majority of injury cases or claims filed by motorcycle passengers are easier to bring into court as compared to other types of personal injury claims.

Just as with any personal injury claim, the website of the Abel Law Firm informs prospective clients that the process of how a motorcycle passenger claim proceeds is the similar to those in a car accident. Plaintiffs should file their claim following the statute of limitations applicable in the state that they are in, and filing claims should be against the insurers of all operators who contributed to the accident and injuries. In a one-vehicle accident, you will have to file your claim against the motorcycle operator. Make sure to provide evidence that the operator was negligent in their actions, which thus lead to the accident. There are two important factors that need to be proven in a personal injury claim: the liability and the damages. Make sure that you have enough evidence to prove negligence, and that the injuries and damages sustained were significant enough to win the case.

In cases where there are multiple vehicles involved, it is generally suggested you file against both motorcycle operators, unless it is evident that only one operator was negligent in his or her actions. Vehicular accident does not necessarily require both vehicles to have physical contact: a car driver or motorcycle operator may be held liable for injuries and damages if they caused the accident =, such as negligently cutting off a motorcycle which eventually wiped out. If by chance you or the motorcycle operator believes that a defect in the vehicle was what caused the accident, it may help to consult a products liability lawyer to determine the next course of action. For those who live in a no-fault state, PIP or No Fault claim will help in covering for medical bills and lost wages after the accident.

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