Riding a motorcycle with all the freedom can be an exhilarating experience, especially if it is something you do often. However, this seemingly fun act can take a different turn if an accident happens. Unlike cars, motorcycles do not offer as much protection, leaving passengers vulnerable to accidents.

“Understanding your legal rights can make all the difference for you after getting involved in a motorcycle accident as a passenger,” says the Attorney Michael McCready of McCready Law Injury Attorneys. This article serves as a detailed guide on how to legally navigate an accident as a motorcycle passenger.

You Are Rarely At Fault for the Incident

As a motorcycle passenger, you enjoy a good amount of legal protection when there is an accident. The idea behind this is that you were neither operating the bike nor steering or accelerating it at the time of the crash. In a state like Indiana, which is a modified comparative fault state, your role as a passenger is key since you will probably fall below the 51 percent requirement. As such, you can always recover damages from the at-fault party or the bike driver.

You Can Always File Against the Bike Rider’s Insurance

There are times in a motorcycle accident when the fault is caused by a third party who crashed into the bike. In that case, a personal injury claim can be brought against the third party to get compensation for injuries suffered. However, many victims get confused when the at-fault person is one who was riding the bike, especially if it is a close friend or family member.

Interestingly, the law allows you to file a claim even when it is someone close to you. You should note that the claim you will be bringing is against their insurance carrier and not them. Instead of hesitating to file your claim because of the fear of losing the bond, you should think of medical bills and go after the insurance provider for compensation.

You May Be Dealing with Multiple Insurance Policies

In Indiana, passengers in a motorcycle accident can sometimes be at an advantage that gives them access to more than one potential insurance policy. Depending on the circumstances, you might have a claim under the motorcycle operator’s liability insurance or the at-fault driver’s auto insurance. You can also claim your own auto policy’s uninsured or underinsured motorist coverage.

In a case where a structural issue like poor road maintenance contributed to the crash, you can come under a third party’s insurance. Where any of these insurance policies overlap, it presents an opportunity for you to bump up possible compensation sums.

Legal Recoveries You Can Make As a Motorcycle Passenger Involved in an Accident

Under Indiana law, injured motorcycle passengers may be eligible to recover compensation for past and future medical expenses, reduced earning capacity or lost wages, and pain and suffering. In situations where the crash is more severe, you can claim damages and recover compensation for permanent disability or disfigurement.

One recovery that is becoming common in Indiana among motorcycle passengers is for emotional distress. You can claim damages for the impact injuries have on your emotional health.

Exercise Your Legal Rights Within Defined Time Limits

While you have rights as a motorbike passenger engaged in an accident, you must use those rights within the time constraints. Your claims are only valid to the degree to which they have not been barred by the statute of limitations. So, any legal step you want to take, it is good to do so within two years of the accident’s date.

Conclusion

As a motorcycle passenger, you were not a passive observer. You were a vulnerable party with no control over the vehicle but every right to be protected under the law. Whether you are dealing with a sprained wrist or life-changing trauma, Indiana law is on your side.

Do not let guilt, confusion, or insurance tactics get in the way of what you are owed. Speak to an experienced personal injury attorney in Indiana who understands the unique challenges motorcycle passengers face.