Injured Motorcycle Passengers

If you were a passenger on a motorcycle involved in a serious crash, you may be able to recover damages in a lawsuit. In most cases, passengers are as much at risk of injury as motorcyclists themselves. After a crash, they may have brain damage, spinal cord trauma, abrasions, or broken bones. Injured motorcycle passengers should consult the Atlanta motorcycle accident lawyers at Van Sant Law about their legal options. Our experienced attorneys are dedicated to pursuing justice on behalf of victims throughout Georgia. We can sign up your case electronically if you are concerned about your safety, or we can visit you at your home if you prefer.

Motorcycle accidents may be caused by motorcyclists, drivers of other vehicles, or property conditions. As a motorcycle passenger who was injured in a crash, you may be concerned about pursuing damages if a family member or close friend was operating the motorcycle on which you rode. You may believe that filing a lawsuit will strain your relationship. It is important to be aware that in most cases, insurers handle motorcycle accident lawsuits, and the emotional distance of the insurers allows the relationship between the parties to continue.

Furthermore, you may not have enough saved to address the serious losses associated with a motorcycle accident. The damages that you may be able to obtain in a lawsuit could be life-saving. It is important to investigate the causes of a motorcycle accident carefully to determine all the potentially responsible parties. In some complex situations, we may need to retain an accident reconstruction expert to figure out precisely what happened.

Injured motorcycle passengers may be able to hold drivers of other vehicles accountable when those drivers were negligent. To prove negligence by a preponderance of the evidence, you would need to show that the other driver owed you a duty to use reasonable care, the other driver breached the duty to use reasonable care, causation, and damages. Often, drivers of larger vehicles fail to yield to motorcyclists or do not notice them at all. Motorcycle accidents frequently occur at intersections.

However, there are also situations in which a motorcycle accident is the fault of a motorcyclist. As a passenger, you would need to show that the motorcyclist was at fault. In most cases, this means that you will need to show the motorcyclist’s negligence. For example, you may be able to show negligence if you were riding with a motorcyclist who was lane splitting on a highway.

Other parties that may share responsibility for a motorcycle accident in which you were injured include a motorcycle manufacturer, a property owner, a truck driver, or a mechanic.

Georgia follows a rule of modified comparative negligence. Under this rule, your damages can be reduced by an amount equal to your fault for your own injuries. If you were 50% or more at fault for your own injuries, you may be barred from recovery. As a passenger, this rule may not affect you. However, Georgia requires both passengers and operators to wear a helmet while riding on a motorcycle. Under Section 40-6-315, nobody is supposed to ride a motorcycle without protective headgear that complies with the Commissioner of Public Safety's standards. If the jury determines that your injuries were partly caused by your failure to wear a helmet as a passenger, your damages may be reduced by your percentage of fault.

In Georgia, each party is liable only for his or her proportionate share of the total damages. It is crucial to bring in all the parties responsible for your injuries. You cannot pursue damages from a defendant to the extent that those damages exceed the defendant's proportionate share.

Compensatory damages that you may be able to recover include emergency care, medical treatment, the cost of surgery, replacement services, lost income, loss of enjoyment of life, loss of consortium, and pain and suffering.

If you sustained injuries as a motorcycle passenger in a crash, you should discuss your situation with the personal injury lawyers at Van Sant Law. We are committed to seeking justice for accident victims. Our attorneys represent people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at 855-GA-INJURY or complete our online form.