In February 2015, reality television star Caitlyn Jenner was involved in a car accident that left one person dead and several injured. Now, months later, passengers in one of the vehicles involved in the accident have banded together and hit Jenner with an $18.5 million lawsuit for damages. Although you hear about drivers suing each other for compensation for losses the majority of the time, this incident is a reminder that passengers who are hurt in motorcycle accidents can also collect money for their injuries. Here's more information about this and what you need to look out for when filing claims or lawsuits.
Collecting from the Motorcycle Driver
According to the National Highway Traffic Safety Administration, 4,957 motorcyclists were killed in traffic accidents in 2012, and 7 percent of those fatalities were passengers. The agency also found that 34 percent of motorcycle drivers were speeding at the time of the crash, and 27 percent were under the influence of alcohol. So chances are pretty good that the driver of the motorcycle would be the one that caused the accident.
Collecting from the motorcycle driver is generally as simple as filing a claim with the person's insurance company. However, there are a few things that can go wrong. If the person doesn't have insurance or is underinsured, then you may have to file a claim under your own policy or sue the driver personally to get your damages paid.
Another problem you may run into is if you are the spouse or child of the driver. You would be covered by the same insurance policy as the driver, and you cannot file a liability claim against your own policy. You would be limited to the same options for compensation as the driver of the motorcycle, even though the accident wasn't your fault.
Collecting Money from a Negligent Driver
If the other driver was found to be liable for the accident, then you would file a claim against the person's insurance policy as normal. As pointed out previously, you would have to file a claim with your own insurance or file a personal injury lawsuit if the person was underinsured or had no insurance at all. However, things may also be further complicated depending on whether you live in a state that uses contributory vs. comparative negligence when determining how much the other person has to pay.
Most states use comparative negligence which states the person only has to pay an amount that corresponds to the percentage of liability assigned to them. If the court finds the other driver 45 percent liable, then he or she would only be required to pay 45 percent of your bill (e.g. $4,500 of $10,000 medical bill). The other 55 percent would have to be obtained from any other parties found liable or absorbed if the court finds you also contributed to the accident.
In states with contributory negligence laws, you may be prevented from collecting damages altogether if is determined you contributed to the accident by a certain percent. For instance, if you are found to be 51 percent liable for an accident, then you won't be able to collect compensation for damages at all.
It may seem odd that a passenger on a motorcycle could cause or be held liable for an accident, but it happens. For example, in September 2014, a passenger placed her foot on the ground as the motorcycle was rounding a curve and caused the bike to crash. Only the passenger was injured in that case. It's essential that you review the facts of your case with a personal injury attorney to determine how your actions may impact your ability to recover compensation.
For more information about getting paid for your losses as a passenger in an accident or assistance with filing a personal injury lawsuit, connect with an auto or motorcycle injury lawyer.
