Do I Have a Claim if I Was Injured As a Passenger on a Motorcycle? 

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    If you were injured as a passenger on a motorcycle, you may have a valid personal injury claim, regardless of who was at fault for the accident. Illinois law allows anyone who is injured in an accident to file a claim— which means you could be entitled to compensation from the at-fault rider, another driver, or even a third party like a manufacturer or municipality. 

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    To determine whether you have a motorcycle passenger injury claim, courts and insurance companies will evaluate the cause of the accident, the severity of your injuries, and the available insurance coverage. Understanding your legal rights after a motorcycle accident is key to protecting your financial future and accessing the compensation you deserve. 

    If you were injured in a motorcycle accident, you need the help of an experienced motorcycle accident attorney, even if you were just a passenger at the time of the accident. Call Chute. O’Malley, Knobloch & Turcy for a free consultation. 312-775-0042.

    Who Can Be Held Liable for Passenger Injuries in a Motorcycle Accident?

    Who you can file a claim against as an injured motorcycle passenger depends on how the crash happened and the parties who played a role in causing it. For instance, you could file a claim against a negligent driver of a vehicle that struck the motorcycle, the motorcycle driver for operating the bike negligently, a parts’ manufacturer if faulty equipment caused the wreck, or even a road construction company, if they did not put up proper signs to warn motorists about hazards. 

    Damages You Can Claim As an Injured Motorcycle Passenger

    The damages you can claim after a motorcycle accident are:

    • Economic Damages: Often referred to as “special damages,” economic damages are the monetary losses you incurred due to your accident. This can include medical bills, lost wages, lost earning capacity, and damaged property. You may also claim other medical expenses such as in-home care and medical equipment needed for your recovery.
    • Non-Economic Damages: Also known as “general damages,” non-economic damages are losses that are harder to assign a monetary value to because they don’t involve bills or trackable expenses. They can include emotional distress, loss of enjoyment of life, and loss of companionship. 
    • Punitive Damages: In some rarer instances, you may be awarded punitive damages in your motorcycle accident claim. These damages are awarded when it is found that the negligent party’s actions were particularly egregious.

    Benefits of Filing a Motorcycle Accident Lawsuit as a Passenger

    There are many benefits of filing a lawsuit for your motorcycle accident. Hiring a motorcycle accident lawyer and taking legal action lets the other side know you mean business, and you’re not going to back down if they try to intimidate you. Often times, insurance companies will try to lowball injured victims, or deny claims all together. If that happens, and negotiations fail, a lawsuit is your best chance to get the compensation you need in order to recover. 

    Illinois Comparative Negligence Laws: How Passengers Might Be Assigned Fault

    Even though passengers are rarely found at fault, insurers may try to reduce payouts by claiming you contributed to the accident—for example, by failing to wear a helmet or acting in a way that distracted the rider.

    Motorcycle accidents in Illinois are affected by comparative negligence laws in Illinois, even if you were the passenger. This means, if you contributed to the accident, your compensation will be reduced by the percentage of fault assigned to you during your trial. So long as your level of fault is below 50%, you can still claim compensation, however.

    The Statute of Limitations

    In Illinois, motorcycle accident lawsuits are governed by a statute of limitations. This puts a deadline on how long after an accident you can file a claim. In Illinois, injured victims, including passengers, generally have just two years to take legal action against the at-fault party. If you wait too long to file a lawsuit, you’ll lose your right to compensation. 

    Do you have questions after getting injured as a motorcycle passenger? 

    If you’re injured as a passenger on a motorcycle, it’s important that you call a lawyer, find out what your rights are, and find out whether you have a claim. Give us a call. We’d be happy to answer those questions for you.

    Contact our experienced Naperville motorcycle accident lawyers today for a free consultation and case evaluation. Like us on Facebook.

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