Motorcycle Passenger Injuries
Although sharing the excitement of a motorcycle ride with a passenger may be more enjoyable, carrying a passenger also doubles the injury rate in the unfortunate event of a motorcycle accident. Each year, approximately 166 people in New York State suffer motorcycle accident fatalities.
Unlike passengers in other vehicles, passengers are unprotected by the motorcycle’s structure and left vulnerable to the elements. As such, when accidents occur, motorcyclists are at the highest risk of being severely injured. Moreover, passengers are at a greater risk of injury because they lack any control over the bike.
Whether it is your first ride on a friend’s bike or you are a regular sidekick on your spouse’s motorcycle, you should keep in mind your rights as a passenger. In the event of an accident, being a passenger on the back of a motorcycle could leave you seriously injured or even worse. Injured motorcycle passengers face the terrifying reality of being unable to live their lives as they normally do because of another’s negligence.
Since 1999, Jed Dietrich, Esq. has made it his mission to provide the highest level of personal injury service to motorcycle passengers that suffered injuries from motorcycle accidents in Western New York. For over twenty years Jed Dietrich, Esq. has confronted insurance companies head-on to secure over $150,000,000.00 in winning results for his clients who were injured due to the fault of someone else on the road. If you were a passenger on a motorcycle and you were injured in an accident, contact the Dietrich Law Firm P.C.’s team of highly experienced Buffalo, New York injured passenger motorcycle accident attorneys so that we can evaluate your claim and attempt to obtain the best result possible for your injuries. Call us today at 716-839-3939 for a free consultation.
Riding a motorcycle with a passenger presents a unique set of challenges that motorcyclists should be properly equipped to handle. The motorcycle’s handling capabilities are altered by the additional weight of the passenger on the back. The added weight requires the motorcyclist to allow extra time for braking, climbing hills and passing other vehicles. Even veteran riders should practice riding with a passenger in a safe place before heading out on the open road.
If you were a passenger on a motorcycle, you may have a claim for compensation against the motorcyclist if he or she did any of the following that resulted in an accident:
- Driving while under the influence of drugs or alcohol;
- Taking a turn too fast;
- Not allowing sufficient following distance behind other vehicles;
- Driving in a careless or reckless manner;
- Losing control over the motorcycle;
- Driving without a proper license;
- Allowing a passenger to ride on the back of a bike not designed for passengers;
- Lane splitting; or
- Zigzagging in and out of traffic.
Over 40% of all deadly motorcycle crashes involved riders who were not properly licensed. Inexperienced motorcyclists are much more likely to wipe out or lose control. Depending on the trajectory and speed of the bike, passengers could be thrown off the motorcycle, increasing the chances of suffering more severe injuries.
If you were a motorcycle passenger injured in an accident caused by someone else’s negligence or recklessness, call highly experienced, aggressive, tenacious and hardworking Buffalo, New York motorcycle passenger accident injury lawyer Jed Dietrich, Esq. for the help that you need! The Dietrich Law Firm P.C. is recognized as a Best Law Firm of America and our team is available 24 hours per day and 7 days per week at 716-839-3939 to help you. Call us today!Responsibilities Of Motorcycle Passengers
Actions of passengers rarely bring about motorcycle accidents. Nevertheless, passengers can still affect the motorcycle’s handling. Even the slightest movement can cause the motorcyclist to lose control and crash. Passengers should try to conduct themselves in a responsible manner and be active, as opposed to simply being dead weight. Passengers should hold onto motorcyclists and lean on turns with them. When a motorcyclist brakes, the passenger should actively prevent him or herself from sliding forward. In cases where a passenger’s conduct causes the motorcyclist to get into an accident, the passenger can be held responsible. Some hazardous actions by motorcycle passengers include:
- Removing feet from the pedestals;
- Distracting the motorcyclists in any way;
- Failing to hold on to the motorcyclist or grab rail;
- Making abrupt movements; or
- Failing to be an active rider and lean with the driver during turns.
WERE YOU A MOTORCYCLE PASSENGER INJURED IN AN ACCIDENT CAUSED BY A NEGLIGENT MOTORCYCLIST IN BUFFALO, NIAGARA FALLS, ROCHESTER OR OTHER PARTS OF NEW YORK STATE?
CALL JED DIETRICH, ESQ. AND HIS AGGRESSIVE, TENACIOUS AND HARDWORKING TEAM OF MOTORCYCLE ACCIDENT PASSENGER INJURY LAWYERS IN BUFFALO, NEW YORK AT 716-839-3939 FOR THE HELP YOU NEED!
Depending on the unique circumstances of your accident, it may be possible to hold the driver of the other vehicle and/or the motorcyclist liable for your injuries. Both drivers of other vehicles and motorcyclists owe their passengers and others on the road a duty of reasonable care to prevent all unnecessary accidents and resulting injuries. For example, if you were the passenger on a motorcycle that was speeding, but had the right-of-way through a busy intersection, and a car driver turning left failed to stop and yield the right-of-way to the motorcycle you were on, resulting in your injuries, both the motorcyclist and driver breached their duties of care and could be held liable to you.
One of the biggest complications with motorcycle passenger injury claims is that the motorcyclist responsible may be a close friend, romantic partner or family member. You may feel guilty or uneasy about bringing a personal injury claim against them. Nevertheless, injured motorcycle passengers may have the right to file a third-party claim against the motorcyclist’s insurance policy in order to receive compensation. The purpose of the motorcyclist’s insurance policy is to protect them and compensate you for any injuries suffered. An experienced personal injury attorney can negotiate with the insurance company to help you obtain the maximum compensation for your injuries, without it being at the personal expense of the motorcyclist.
Motorcycle insurance minimums in New York State are $25,000 per person injured or $50,000 per accident involving two or more injured individuals, and $50,000 per fatality in any one crash or $100,000 for the fatalities of two or more victims in one crash. Additionally, some motorcyclists also have UM/SUM coverage available. According to Section 5102(f) of the No-Fault Law, motorcycles are excluded from the definition of motor vehicles, which means that passengers are not covered under the No-Fault Law and not entitled to any medical or lost wage benefits. Nevertheless, under Section 5102(d), injured motorcycle passengers are not subject to the New York No-Fault Law’s serious injury threshold requirement, and are permitted to bring claims against negligent or careless drivers and/or motorcyclists even for relatively minor injuries.
The Dietrich Law Firm P.C.’s priority is to ensure that you get the compensation that you deserve for all of your economic and non-economic damages, such as medical expenses, rehabilitation costs, lost wages, reduced earning capacity, pain and suffering, loss of consortium, disfigurement, permanent disabilities and emotional distress. Moreover, if you lost a family member who was a motorcycle passenger, you may be eligible to file a wrongful death claim to help ease the economic burdens linked with their loss and give you some sense of closure knowing that the negligent party was held responsible.
If you, or a loved one, were a motorcycle passenger injured in a crash, you do not want to risk trying to tackle such a complicated personal injury claim on your own. Your injuries could have a disastrous impact on your future, but insurance companies will try to pay you as little as possible, and often they will not want to pay you at all. Jed Dietrich, Esq. has extensive experience battling insurance companies for the compensation that his injured clients deserve. Let Jed Dietrich, Esq. and his team of top rated motorcycle passenger injury lawyers in Buffalo, New York help you too. Call us today at 716-839-3939 to obtain the help that you need.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!