A motorcycle accident can leave you dealing with painful injuries, medical bills and uncertainty about who should take responsibility. If you rode as a passenger, you might also worry about filing a claim against someone you know. However, you do not give up your right to seek compensation just because you were not driving.
Here are some important rights to understand after a crash.
Claims against the motorcycle operator
You may have a claim against the motorcycle operator if their careless actions caused your injuries. For example, the operator might have been speeding, driving while distracted or failing to follow traffic rules. Even if you rode with a friend or family member, you can still seek compensation for the harm their actions caused.
Claims against another driver
You may also pursue a claim against another driver whose actions contributed to the crash. For instance, a driver who turns left in front of an approaching motorcycle could share responsibility for your injuries.
Delaware follows a comparative negligence rule under 10 Del. C. § 8132. This means you may still recover damages if your share of fault does not exceed the combined fault of the other parties, although your compensation will decrease based on your share of responsibility.
Insurance coverage for passenger injuries
Several insurance policies might help cover your losses, depending on who caused the crash and the available coverage. The motorcycle operator’s liability insurance may cover injuries caused by their negligence, while another driver’s policy may apply if that driver caused the collision.
Delaware also requires certain vehicles to carry personal injury protection (PIP), which helps pay medical expenses and lost earnings after an accident, regardless of fault. However, motorcycle policies have special rules. Under 21 Del. C. § 2118, the motorcycle owner may choose certain restrictions on PIP coverage for passengers, including exclusions for some accidents that do not involve physical contact with another vehicle.
Compensation for your injuries and losses
You may seek compensation for the physical, emotional and financial harm the accident caused. Depending on your injuries and available evidence, your claim may include:
- Medical bills and future treatment costs
- Lost wages and reduced earning ability
- Pain and suffering
The value of your claim will depend on the extent of your injuries and how the accident affects your daily life.
Protect your rights after a motorcycle accident
You do not lose your right to seek compensation simply because you rode as a passenger or know the person who drove the motorcycle. An attorney can review the accident details, insurance policies and medical records to help you understand your options. Getting legal advice can also help you avoid accepting a settlement that falls short of your losses.