While riding a motorcycle is fun and exciting, we all know it can be dangerous. Even though there are fewer bikes on the road than cars, the Louisiana Department of Transportation reports that more than 10 percent of fatal traffic accidents each year involve motorcycles.
If you are a motorcycle passenger and were injured in an accident, you can pursue a settlement from the at-fault party to cover your damages. Learn more about what happens when a passenger is injured in a motorcycle accident and what to do if you become a victim of a crash.
There are three primary ways you and your Kopfler and Hermann attorney can collect a settlement for a motorcycle passenger’s injuries, depending on the circumstances of the accident. The best course of action may be to file a claim with the at-fault driver’s liability insurance. This type of policy would cover your hospital bills and lost wages, up to the policy’s limits.
Another possibility is to file a claim with your own insurance. If the person who caused the crash does not have insurance or does not have enough to cover your expenses, your personal uninsured/underinsured motorist coverage may pay the difference. Additionally, if the motorcycle driver purchased medical payments coverage (or MedPay), this optional endorsement can help pay for your medical expenses that many health insurance policies do not, like chiropractic visits. Fortunately, you can file a claim with MedPay no matter who caused the accident.
In order to prove that someone acted negligent in a motorcycle accident, our experienced attorney would establish key factors, like duty of care. The law requires motorcyclists to drive carefully and responsibly, so they do not hurt anyone else or even themselves.
If they operated their bike in a reckless manner and caused your injuries, you likely have the legal right to file a claim against their insurance. We would use your hospital records to show the extent of your injuries and how they affect your daily life. When we negotiate your settlement on your behalf, our attorney can also illustrate how your reduced earnings potential, lost income, and other financial burdens were a direct result of collision.
Our state uses a comparative negligence system. That means that if you were at fault, whether you were not wearing a helmet as required by law (Louisiana Revised Statute 32:190) or you distracted the driver and caused them to crash, the amount of compensation you are awarded would be reduced by your percentage of responsibility. For example, if you are 40% responsible for the accident, your $100,000 settlement would be reduced by 40 percent to just $60,000.
Now that you have a better understanding about what happens when a passenger is injured in a motorcycle accident, contact the Louisiana-based injury attorney at Kopfler and Hermann. Our team would fight for your rights and, if necessary, file a lawsuit to get you the compensation you deserve. The state’s statute of limitations is two years from the accident date, so it is important to act quickly and get legal advice today.
