Motorcycle accidents have a higher injury rate than motor vehicle accidents, for obvious reasons. And some accidents result in personal injury claims. Some reasons include:
- Lack of a protective outer shell as compared to a motor vehicle
- Lack of passive protective systems such as seatbelts and airbags
A Center for Disease Control (CDC) report showed almost 200000 people are treated in ERs annually for motorcycle linked injuries.
A motorcycle passenger who is injured needs to know his/her legal options in order to claim for personal injury. This is necessary is because in most cases the person operating the motorcycle is either a family member or friend. This thus makes the injured passenger unwilling to make a personal injury claim against the operator of the motorcycle.
Claims against the motorcycle operator
Like a motor vehicle the motorcycle operator at times can cause the collision due to poor judgment or decision making. And this causes the accident. In the case of motorcycle operators, they may make poor decisions and cause collisions. Some of these poor decisions they make are:
- Changing lanes in an improper fashion or in an unlawful manner (e.g. lane splitting)
- Failure to use headlamps and driving lights during daylight hours
- Making improper turns which result in collisions with oncoming traffic
- Failure to properly maintain and repair the motorcycle thus causing an accident
If and you are injured from any of the above actions you may have a legal claim against the operator. Such a claim would be in the form of a third party insurance claim. This claim will need to be filed with the motorcycle operator’s insurance company.
Claims against the driver of the motor vehicle
If you are injured because of a collision between a motorcycle and a motor vehicle the claim depends circumstance. Depending on the circumstances and facts of the collision, you may make a claim against the vehicle driver.