As a motorcycle passenger injured in an accident, you have the legal right to pursue compensation from whoever caused the crash—whether that’s another driver, the motorcycle operator, or even both. Unlike drivers or motorcyclists, you were not in control of any vehicle, which often puts you in a stronger position when seeking damages for your injuries. Make sure to speak with an experienced motorcycle accident lawyer in McAllen for legal guidance.
What Are Your Legal Options as a Passenger in a Motorcycle Accident?
Texas operates as a fault state when it comes to motor vehicle accidents. This means the person or parties responsible for causing the accident are financially liable for the resulting injuries and damages. You can file a claim against the at-fault party’s insurance company or pursue a personal injury lawsuit against them in court. If you have the proper coverage, you could also file a claim against your own insurance.
Who Can Be Held Liable for Your Injuries as a Motorcycle Passenger?
Depending on the circumstances of your accident, several parties could be held liable. If another motorist caused the crash, such as by running a red light or driving distracted, their insurance would be responsible for covering your losses. However, if the motorcycle operator was at fault, perhaps due to speeding or reckless driving, you could file a claim against their insurance instead. In some cases, both parties share responsibility, and you may be entitled to recover compensation from each of them.
What Damages Can You Recover as an Injured Passenger?
You have the right to seek compensation for the full extent of your losses. Texas law allows injured parties to recover both economic and non-economic damages, which may include:
- Medical expenses, including emergency care, surgeries, hospital stays, rehabilitation, and ongoing treatment
- Lost wages if your injuries prevent you from working
- Loss of future earning capacity if you suffer long-term disability
- Chronic pain, permanent disability, and other physical effects
- Emotional distress and mental anguish
- Loss of enjoyment of life if your injuries limit your daily activities
- Property damage, such as personal items destroyed in the crash
The specific amount you can recover depends on the severity of your injuries and how they have affected your life.
What If the At-Fault Party Was a Friend or Family Member?
When the person who caused your accident is someone you care about, pursuing a claim can feel like a betrayal. You might worry about damaging the relationship or causing financial hardship for someone you love.
Filing a motorcycle accident claim does not mean you’re going after your friend or family member personally. You are filing against their insurance policy—that is exactly what insurance exists for. A McAllen personal injury attorney can handle communications with the insurance company, which often makes the process easier for everyone involved.
Should You Hire an Attorney to Represent Your Claim?
Despite having a strong legal position, you will likely face obstacles when filing a motorcycle accident claim. Insurance companies may try to minimize your injuries, delay your claim, or pressure you into accepting a low settlement. You might also encounter difficulties if the at-fault party was uninsured or underinsured. Working with a McAllen car accident attorney can help you navigate these challenges and protect your right to fair compensation.
