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If you were injured in a motorcycle accident while riding as a passenger, it is important that you know your legal rights. While there is a good chance that you are entitled to financial compensation, you will need to assert your legal rights effectively to recover the compensation you deserve.

Below is an overview of what you need to know about your legal rights as an injured motorcycle passenger from Fort Myers motorcycle accident attorney Randall L. Spivey.

1. You Have the Same Basic Rights as the Motorcycle Operator

Generally speaking, motorcycle operators and motorcycle passengers have the same basic rights (although passengers may have an additional way to recover compensation, as discussed below). This means that you are entitled to just compensation for your injury-related losses, and you have the right to file a claim under the at-fault party’s insurance policy.

For example, let’s say you were riding as a motorcycle passenger when a distracted driver ran a stop sign and hit you. In this scenario, the driver was clearly at fault (or at least partially at fault), so you should be able to file a claim under his or her insurance policy. If your accident involved any other form of driver negligence, car or motorcycle defect, construction area defects, or any other issue that was beyond your control, these could all give you grounds to file a claim as well.

2. You May Also Have a Claim Under the Motorcycle Operator’s Insurance Policy

In addition to these types of claims, as a motorcycle passenger, you may also be able to file a claim under the motorcycle operator’s insurance policy. This could be the case if the motorcycle operator was at fault (or partially at fault) in the crash.

For instance, what if when you got hit by the distracted driver in the example above, the motorcycle operator was also speeding? In this scenario, the driver and the motorcycle operator may share liability for the crash, and you may be able to file claims under both of their insurance policies.

3. You Need Proof of Liability to Recover the Compensation to Which You Are Entitled

Regardless of who was at fault, you will need proof of liability to recover just compensation. If you took any photos or videos at the scene of the accident, you should be sure to keep these to share with your Fort Myers motorcycle accident attorney. You will want to give your attorney a copy of the police report as well (if you have one). When you hire an attorney, he or she will conduct an investigation to gather additional evidence proving who was at fault in your motorcycle accident.

4. You Also Need Proof of Your Losses

To secure proper compensation for your motorcycle accident, you will also need proof of your losses. With this in mind, as you work through your recovery, you are encouraged to keep thorough documentation, such as:

• Medical records (i.e., scans and test results)
• Medical bills and statements of benefits (SOBs)
• Pay stubs and other employment records documenting time you miss from work
• A daily calendar, diary or “pain journal” where you document your injuries’ day-to-day effects

5. The Insurance Companies Won’t Be Sympathetic

Very rarely are motorcycle passengers to blame for their own injuries. Yet, when you are dealing with insurance companies, you cannot expect them to be sympathetic. They will try to deny your claims by all means available, and they will try to pressure you into settling for less than you deserve.

6. While Most Motorcycle Accident Claims Settle, Some Do Not

While most successful motorcycle accident claims settle, some do not. When you hire an experienced Fort Myers motorcycle accident attorney to represent you, your attorney will do everything he or she can to help you obtain a favorable settlement. But, your attorney will also begin preparing your case for trial, and you will need to be prepared to go to court if that is what it takes to recover the financial compensation you deserve.

7. You Can Hire a Fort Myers Motorcycle Accident Attorney to Represent You at No Out-of-Pocket Cost

If you are entitled to financial compensation as an injured motorcycle passenger, you can hire an attorney to represent you at no out-of-pocket cost. With our firm’s contingency fee representation, our clients only pay if we help them recover just compensation.

Schedule a Free Consultation with an Attorney at Spivey Law Firm, Personal Injury Attorneys, P.A.

If you need to speak with an attorney about seeking financial compensation for a motorcycle accident, we encourage you to get in touch. To schedule a free consultation with Fort Myers motorcycle accident attorney Randall L. Spivey, call 239-337-7483 (or toll-free at 888-477-4839), or contact us online now.