Motorcycle Passenger Accident Claims in California

LA Century Law is a motorcycle passenger injury lawyer. If you’re hurt as a passenger on a motorcycle, you may have a claim for compensation.

Our San Bernardino motorcycle accident lawyers explain motorcycle passenger accident claims in California.

Motorcycle Passengers Rarely Share Fault — Here’s Why

A motorcycle passenger is rarely at fault for an accident. That’s because California law bases motorcycle accident fault on negligence. Negligence is a lack of ordinary care or skill in the management of your own person or property. When a person’s negligence causes an accident, they are at fault.

Most motorcycle accidents result from traffic errors. The passenger is just a passive rider. There aren’t many circumstances where a passenger on a motorcycle causes an accident.

It’s possible that a motorcycle passenger could cause an accident. They could distract the driver or obstruct their driving, for example. But this is an uncommon scenario. Most often, someone other than the passenger will be at fault for the accident.

See California Civil Code 1714, California’s negligence law.

Who Can a Motorcycle Passenger Sue After an Accident?

A motorcycle passenger can sue any party who is at fault for the accident. Some parties who may be at fault are:

Another vehicle driver. The driver of a passenger vehicle, truck, or another motorcycle that commits a traffic violation or otherwise drives carelessly, causing the accident.

Motorcycle driver. A motorcycle passenger may claim compensation from the motorcycle driver if the driver caused the accident. There are some exceptions for household relatives and permissive use.

Government entity. The government body responsible for designing or maintaining the road.

Vehicle manufacturer. Who designed or manufactured a malfunctioning vehicle.

Company or organization. If the at-fault driver was driving for work.

To determine who is liable in a motorcycle accident, you must investigate the causes of the accident.

More from LA Century Law: Who Is Responsible in a No-Contact Motorcycle Accident?

Insurance Sources for Motorcycle Passenger Injury Claims

Most motorcycle passenger injury claims are paid through insurance. Things to look for include:

Insurance minimums. The at-fault driver should have liability insurance. California currently requires at least $30,000 for injury or death to one person, and $60,000 for injury or death per accident. When there are multiple injured parties, $60,000 probably won’t fully cover losses.

Higher coverage limits. California’s insurance requirements are minimums. The at-fault party may have higher insurance limits.

Uninsured/underinsured. Uninsured/underinsured coverage is through your own insurance. It applies when the at-fault driver doesn’t have insurance, or they don’t have enough insurance.

MedPay. MedPay coverage is through your own insurance. It covers medical bills, no matter who is at fault. There is no deductible. This coverage is elective, and limits vary.

Personal liability. Liability attaches to the party at fault, not their insurance policy. If their insurance doesn’t cover it, you may collect compensation through personal assets.

Finding sources of compensation is a critical step. A motorcycle passenger injury lawyer can help you investigate.

Common Injuries Motorcycle Passengers Suffer

Common injuries for motorcycle passengers include:

• Broken bones
• Spinal cord injury
• Traumatic brain injury
• Burns
• Road rash
• Whiplash
• Organ damage
• Disability
• Disfigurement
• Mental health injury

Injuries cause physical pain and suffering. They can interfere with work, personal activities, and daily life.

What Damages Are Available to an Injured Motorcycle Passenger?

An injured motorcycle passenger may claim damages for economic and non-economic losses. Financial losses include medical bills, property damage, personal expenses from the accident, and lost income. These losses can occur in the future.

In addition, non-economic damages may include pain and suffering, disability, disfigurement, and other intangible losses.

Each case is valued according to the person’s individual losses.

What If the Driver Who Injured You Is a Friend or Family Member?

It’s common for accident victims who are motorcycle passengers to be friends or family of the driver. Compensation may still be possible.

When the motorcycle driver is a friend or non-resident family member, you can seek compensation through their insurance. It’s common for these claims to be settled without going to court. The person doesn’t have to pay anything out of pocket.

Household resident exception

If the at-fault motorcyclist is a resident of your household, like a spouse, parent, or child, it’s more complicated. It depends on the terms of your insurance policy – specifically, whether it contains a resident family member exclusion. Household resident exclusions are common in California car accident insurance policies. The reasoning is to prevent fraud and lawsuits that aren’t truly adversarial. (Farmers Ins. Exchange v. Cocking).

Tip: In Mercury Casualty Co. v. Chu, the court ruled insurance policies can’t treat non-relative roommates like family members to exclude them from coverage. The court said that it couldn’t find a public policy interest in allowing insurance policies to exclude non-resident roommates. But roommates who regularly drive a motorcycle usually must be listed on the insurance policy for coverage to apply.

Am I responsible for the accident if my spouse caused it?

Not in California. California Family Code § 1000 says that a spouse isn’t liable for an accident their spouse causes. Both spouses can independently be at fault for an accident. However, car accident fault doesn’t transfer to a spouse just because they are married.

California Family Code § 1000 establishes rules for how a judgment against a married person is paid – whether from the community estate or the separate property of the person at fault.

LA Century Law Represents Motorcycle Passengers in San Bernardino

The LA Century Law motorcycle passenger lawyers represent injured people. We can:

Handle your claim. Take the necessary steps to claim your compensation.

Determine fault. We figure out who is liable to pay.

Investigate insurance. Finding your sources or compensation.

Value damages. Making sure losses are fully claimed.

Negotiate. We negotiate on your behalf.

Go to court. If necessary, to receive the full value of your claim.

Address complex issues. Like insurance policy limits and coverage disputes.

We are full-service lawyers. We can build your case and address the legal issues that matter to your case.

Contact a Lawyer

Talk to a motorcycle passenger injury lawyer. Get legal help today. Contact our experienced attorneys at LA Century Law now.