Riding a motorcycle as a passenger provides many of the same thrills as driving one. You get to enjoy the road from a different vantage point, you feel a much closer connection to the scenery around you, and you get to experience the sensation of traveling in the open air.
However, being a motorcycle passenger means giving up control and leaving your safety at the mercy not only of other motorists, but also the person sitting in front of you. And because riding with a passenger can make motorcycles handle and turn differently, even experienced and cautious riders can crash.
If you were hurt while riding a motorcycle as a passenger, it’s important to know how to handle the aftermath—including how to get compensation. In this blog, we explore that process, including all of the potential insurance policies you can file a claim against to get the money you need for your medical bills, lost wages, and pain and suffering.
Understanding Passenger Rights After a Motorcycle Accident
If you are a passenger in a motorcycle accident, you have legal rights regardless of whether the motorcycle operator, another driver, or even both share responsibility for the crash.
Passengers are almost never considered at fault, which means you may be entitled to full compensation for your injuries. This includes damages for medical bills, lost income, pain and suffering, and any long-term care needs. Knowing your rights is the first step toward ensuring you don’t shoulder the financial burden of an accident you didn’t cause.
Determining Liability in a Passenger Motorcycle Accident
Liability can be more complex in motorcycle crashes than in typical car accidents. Common at-fault parties may include:
- The Motorcycle Operator: If the person who was operating the motorcycle you were riding on as a passenger was speeding, impaired, or otherwise negligent at the time of the crash, they can be held liable for causing it.
- Another Motorist: If another driver’s careless actions caused the collision, you may be able to hold them accountable for your damages.
- Multiple Parties: In some cases, both the motorcycle operator and another driver may share liability.
As a passenger, you are not expected to prove fault yourself, as doing so is often a complex process. An experienced Winston-Salem motorcycle accident attorney at Lewis & Keller Injury Lawyers can investigate the crash, gather evidence, and determine which party’s insurance should cover your damages.
Insurance Coverage for Injured Passengers
Passengers often have multiple potential sources of compensation:
- The At-Fault Driver’s Insurance: This could be the motorcycle operator or another vehicle driver.
- Medical Payments (MedPay) Coverage: Some motorcycle or auto policies include MedPay, which can cover immediate medical costs regardless of fault.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver lacks insurance or doesn’t have enough coverage, UM/UIM may step in.
Because insurance companies often dispute claims or attempt to minimize payouts, working with a lawyer ensures you don’t miss out on any available coverage.
Overcoming Hesitation About Filing a Claim Against Someone You Know
One of the most common concerns passengers have after a motorcycle accident is whether filing a claim means directly “suing” their friend or family member who was driving. This hesitation is understandable, but it’s important to remember that in most cases, claims are handled through insurance policies and not personal assets.
When you file a claim, you are pursuing compensation from the driver’s insurance company, not from their personal bank account. That coverage exists to protect both the driver and their passengers in the event of an accident. In many cases, the driver wants their passenger to file a claim so medical bills and expenses don’t become a personal financial burden to them.
By working with an attorney at Lewis & Keller Injury Lawyers, you can pursue compensation in a way that protects your relationship while ensuring you get the care and resources you need to recover fully.
Common Passenger Injuries in Motorcycle Accidents
Motorcycle passengers are especially vulnerable because they lack protective gear like airbags or seatbelts—and they also may realize they’re going to crash later than the person steering the motorcycle.
Some of the most frequent injuries motorcycle passengers suffer include:
- Head and Brain Injuries: Even with a helmet, passengers can suffer concussions or traumatic brain injuries.
- Broken Bones: Arms, legs, and ribs are particularly at risk in a crash.
- Road Rash and Soft Tissue Injuries: Severe scrapes, lacerations, and ligament damage are common.
- Spinal Injuries: Falls or impact with another vehicle can result in long-term or permanent disability.
These injuries often require extensive medical treatment, rehabilitation, or even lifelong care, which makes obtaining fair compensation extremely important.
Steps to Take After Being Injured as a Passenger
Taking the right actions after a motorcycle accident can protect both your health and your legal claim:
- Seek Immediate Medical Care: Always prioritize your health and get checked by a doctor, even if injuries seem minor.
- Document the Accident: Gather photos, witness information, and accident reports if possible.
- Avoid Insurance Adjuster Traps: Don’t give a recorded statement to the insurance adjuster or accept a settlement offer without consulting an attorney first.
- Contact a Personal Injury Lawyer: An attorney can deal with insurers, investigate liability, and build a strong case for compensation.
Why Choose Lewis & Keller Injury Lawyers After a Motorcycle Accident?
At Lewis & Keller Injury Lawyers, we have decades of experience standing up for injured victims in Winston-Salem and throughout North Carolina.
We know how to take on insurance companies and fight for the maximum recovery possible. Whether your injuries require weeks of treatment or a lifetime of care, we’re committed to helping you move forward with financial security.
Contact Our Winston-Salem Motorcycle Accident Attorneys Today
If you’ve been injured as a passenger in a motorcycle accident in Winston-Salem or anywhere in North Carolina, you don’t have to face the recovery process alone. The team at Lewis & Keller Injury Lawyers is here to protect your rights and fight for the full compensation you deserve.
Contact us today for a free consultation or fill out our online form to get started. We don’t get paid unless you win, so there’s no risk in reaching out and taking the first step toward justice and recovery.
