People on a motorcycle

I’ve Been Injured as A Motorcycle Passenger — What Do I Do Now?

By Greg Kohn
Partner

Riding as a passenger on a motorcycle can make one more vulnerable than driving the motorcycle because the passenger has no control over the steering or brakes to avoid a collision and does not have handles to hold onto for help with balance or staying on the bike. The passenger on a motorcycle is rarely at fault in a motorcycle accident.

If you got hurt or a loved one died as a passenger on a motorcycle, a New Jersey personal injury attorney could help you seek justice for your losses. Let’s explore the question, I’ve been injured as a motorcycle passenger – what do I do now?

Protect Your Health

You might be dealing with significant injuries from a motorcycle accident, as passengers often get thrown from the bike from the impact of the collision. While you get the medical treatment and recuperation time you need, your attorney can take care of your injury claim. All you will need to worry about is getting better. 

Preserve the Evidence

In a matter of days, much of the evidence could begin to disappear after a motorcycle accident. Skid marks get washed away, totaled vehicles get sent to the scrapyard, and hazardous roadway conditions get repaired. 

It is vital to get photographs of the vehicles, the scene of the crash, and anything else that could be relevant right after the accident. Also, the names and contact information of witnesses are essential. If the motorcycle or one of the other vehicles malfunctioned because of a possible defect and that problem was a factor in causing the crash, it could be difficult to prove without keeping the vehicle from the salvage yard.

Who Could Get Sued by an Injured Motorcycle Passenger

The simple response to the question of who you can sue for your injuries is whoever is at fault. The reality, however, is that determining and proving fault is not always as easy as it sounds. Often, more than one person made a mistake that contributed to the circumstances that resulted in the accident.

Here are some possibilities of parties who could be liable:

  • The driver of the motorcycle, if he was negligent in operating the motorcycle, for example, speeding, driving recklessly, or passing in a no-passing zone.
  • The driver of another motor vehicle, if that driver was careless, for example, forced the motorcycle out of its lane or off the road.
  • The government entity responsible for maintaining the roads if improper maintenance was a factor in the collision.
  • The manufacturer of one of the vehicles or a part like tires or brakes if a defect caused the wreck.
  • The mechanic improperly performed repair or service caused the accident.

The facts of your situation will determine who can get held responsible for the crash. After we establish legal liability, we can seek money damages for your medical bills, lost wages, pain and suffering, and other losses.

You will want to talk to a New Jersey personal injury attorney as soon as possible after a motorcycle accident before evidence fades away and while the witnesses still have a clear memory of what happened. Get in touch with our office today for a free consultation.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.