If you know someone who owns a motorcycle, you might end up riding as a passenger. What begins as a casual ride can quickly become a serious crash, leaving you with significant injuries and expensive medical expenses. As a passenger, can you file a personal injury claim?
The answer is yes. Passengers have the same legal rights as drivers in vehicle accidents, and in many situations, their claims may be more straightforward because it is often easier to show they were not at fault. Even so, having a personal injury lawyer handle your case is important to help you pursue the full compensation you are entitled to.
Under What Conditions Can You File a Personal Injury Claim in Las Vegas?
As a passenger in a motorcycle crash, your rights are just as important as the driver’s, particularly if you are hurt in the accident. Motorcycles can be involved in accidents for many different reasons, and it is essential to know when a crash may result in a personal injury claim.
If you are injured, you may be able to file a personal injury claim if the crash resulted from the motorcycle driver’s negligence, another driver who caused the collision, a defect in the motorcycle or another vehicle, or dangerous road conditions. In these situations, you should contact a Las Vegas motorcycle accident lawyer to find out whether your claim is valid.
Determining Responsibility in Motorcycle Accidents
Car and motorcycle accidents in Las Vegas often involve more than one liable party, which can make a claim more complicated. Those who may be held responsible include the motorcycle driver, another driver, a manufacturer, or a government entity.
How Is Liability Determined When Multiple Parties Are Responsible?
Nevada follows a modified comparative negligence rule, which means each party who is responsible is given a percentage of fault, and that percentage determines how much they must pay in damages.
For example, if the motorcycle driver is 20% at fault and the other driver is 80% at fault, the motorcycle driver’s damages would be reduced by 20%. The other driver would not be able to recover damages because they are over the 51% fault limit. As a passenger, you are likely 0% at fault, so you can seek full compensation. However, you should still contact a Las Vegas personal injury lawyer to protect your compensation.
How Passengers Can Avoid Reduced Compensation
Although in most situations you will not be at fault and may recover full damages, there are certain circumstances that could reduce your compensation. For example, if you did something that affected the driver’s ability to operate the motorcycle, you could be found partially responsible. This situation is uncommon, however.
A more common example is getting on the motorcycle with someone you knew was under the influence of drugs or alcohol, which could place some fault on you. In addition, the law requires all motorcycle riders to wear a helmet. If you are injured while not wearing one, you can still file a personal injury claim, but any head injuries may result in reduced compensation.
How Much Time Does a Passenger Have to File a Personal Injury Claim?
In most personal injury claims, you have two years from the date of the accident to file a lawsuit. This applies to drivers, passengers, and anyone else involved in the crash. However, it is important to act as soon as possible after an injury. Some injuries require more than two years of medical care, and waiting until treatment is finished to file could cause you to miss the deadline.
After you are injured, you should contact a Las Vegas car accident lawyer to review your damages and advise you on the next steps to seek full and fair compensation. An attorney can help make sure you file within the statute of limitations and guide you through every step of the process.
What to Do After a Motorcycle Accident Injury as a Passenger
When filing a personal injury claim, the procedure is the same for a passenger as for any other party involved. However, it is generally less complex for a passenger to obtain full compensation because it is often easier to prove they were not at fault. The steps to take after an injury include:
Seek medical attention immediately: Even if your injuries appear minor, you should be examined by a medical provider. If your injuries become more serious later, they can be directly linked to the accident.
Contact law enforcement: After the crash, you should call the police immediately. Even if others prefer not to, a police report can be important for your personal injury claim.
Collect evidence: If you are able to do so at the scene, take photos and videos of the accident and gather contact information from any witnesses.
Contact your attorney: After receiving medical care, you should get in touch with a Las Vegas motorcycle accident lawyer. They can help you begin your claim, evaluate your damages, and negotiate compensation on your behalf.
What Damages Can a Passenger Claim?
After a motorcycle accident, a passenger may seek both economic and non-economic damages. These can include lost wages, loss of future earnings, emotional distress, pain and suffering, medical expenses, future medical care, and disability.
Why Legal Representation Matters in a Personal Injury Case
Experienced personal injury lawyers in Las Vegas assist individuals with car accident claims and have handled many cases involving a wide range of circumstances. Whether a person is completely free of fault or shares some level of responsibility, legal representation can help protect their rights and pursue fair compensation, allowing them to focus on their recovery.
