If someone you know has a motorcycle, you may find yourself riding along as a passenger. Sometimes a simple joy ride can turn into an ugly accident where you end up with serious injuries and pricey medical bills. As a passenger, do you have the right to file a personal injury claim?
The good news is, yes. Passengers have the same rights as the drivers in vehicle accidents and in many cases, their claims can be more simple as it is easier to prove they carry no fault. However, it is still important to have a Las Vegas personal injury lawyer on your case to ensure you get the maximum compensation you deserve.
What Circumstances Warrant a Personal Injury Claim In Las Vegas
As a passenger in a motorcycle accident, your rights matter just as much as the driver, especially if there is an accident and you are injured. There are many reasons motorcycles get in accidents and it’s important to understand when an accident could lead to a personal injury claim.
If you’re injured, you might be able to file a personal injury claim if the accident involved the motorcycle driver’s negligence, another vehicle that caused the crash, a product defect in the motorcycle or other vehicle that caused the crash, or unsafe road conditions. In these circumstances, you should reach out to a Las Vegas motorcycle accident lawyer to see if your claim is viable.
Determining Liability In Motorcycle Accidents
Car and motorcycle accidents in Las Vegas often have more than one liable party which can make your claim more complicated. Those that can be held responsible include:
- The motorcycle driver
- Another driver
- A manufacturer
- The government
Who Is Liable When Multiple Parties Are At-Fault?
Nevada operates under modified comparative negligence which means that each responsible party will be assigned a percentage of fault and that percentage will determine how much they will pay for damages.
For instance, let’s say that the motorcycle driver carried 20% of the fault and the other driver carried 80% of the fault. The motorcycle driver’s damages will be reduced by 20%. The other driver will be unable to claim damages because they are above the 51% fault bar. You as a passenger are likely 0% at fault so you will be able to claim full compensation. However, you should always reach out to a Las Vegas personal injury lawyer to protect your compensation.
Avoiding Reduced Compensation As a Passenger
While in most cases you will not be at fault for the accident and can claim full damages, there are a few circumstances that could play a role in reducing your compensation. First, if you played any role in impacting the driver’s ability to drive, you could be held partially responsible. This circumstance is rare, however.
Another more common scenario is if you got on the motorcycle with someone who you knew was under the influence of drugs or alcohol. This will lead to some liability on your end. Additionally, it is a law that all motorcycle riders wear a helmet. If you are injured in an accident without a helmet, you can still file a personal injury claim, but any head injuries you experience will have reduced compensation.
How Long Does a Passenger Have To File a Personal Injury Claim
Most personal injury cases have 2 years from the date of the accident to file a lawsuit. This is true for the drivers, passengers, and anyone else involved in the accident. However, it is important to take action as soon as you can after an injury. Many injuries take more than 2 years to receive full medical treatment. Waiting until your treatment is complete to file could result in missing the timeframe.
As soon as you are injured, contact a Las Vegas car accident lawyer who can assess your damages and guide you on the best next steps to pursue full and fair compensation. An attorney can help ensure you file within the statute of limitations and will walk you through each stage of the process.
What Steps To Take after a Motorcycle Accident Injury As a Passenger
When you file a personal injury claim, the steps will be the same for a passenger as they are for any other party involved. Though, it will likely be less complex for the passenger to receive full compensation as it is easier to prove no fault. The steps you take after an injury are as follows:
- Seek medical attention immediately: Even if your injuries do not seem serious, you should get checked by a medical provider. Should the injuries become more serious later on, they will easily be linked to the accident.
- Call Law Enforcement: After the accident, you should call the police right away. Even if other people don’t want to, the police report will be important to your personal injury claim.
- Gather Evidence: If you are able at the scene of the crime, take pictures and videos of the accident scene and collect any witness information.
- Reach out to your attorney: After you have received medical attention, you should reach out to a Las Vegas motorcycle accident lawyer. They will help you start a claim, can help you assess damages, and will negotiate compensation on your behalf.
Available Damages a Passenger can Claim
You can claim many different damages after a motorcycle accident. Both economic and non-economic. The damages a passenger can claim include:
- Lost wages
- Lost future income
- Emotional distress
- Pain and suffering
- Medical bills
- Future medical treatment
- Disability
The Top-Rated Las Vegas Personal Injury Lawyers At Benson & Bingham Can Help
At Benson and Bingham, our Las Vegas car accident lawyers have years of experience and a track record of success representing clients through their personal injury claims. Whether you’re completely innocent or carry a certain percentage of fault, we will fight for your rights and ensure maximum compensation so you can focus on your recovery.
Don’t face your accident injury alone, contact us today for a free consultation.