According to Insurance Institute for Highway Safety, there were 146,018 motorcycles in Massachusetts as of 2018. Motorcycles make up only 3% of vehicles in the United States but they account for 14% of all traffic fatalities.
Most people only focus on getting into an accident as the motorcycle operator. Unfortunately, motorcycle passengers have very minimal control over what happens to the bike. This puts them in a very vulnerable position and several things have to be considered when the passenger gets injured in a motorcycle accident. If you are injured in a motorcycle accident in Fall River, you should get in touch with a Fall River motorcycle accident lawyer to know your legal options.
Always ensure you wear protective gear
When riding as a passenger on someone’s motorcycle you should ensure that the operator takes specific precautions to protect your safety. Having the proper riding gear and safety equipment before you start your journey is crucial. If you get into an accident, the motorcycle operator will be responsible for your injuries and damages. This is why both of you must be protected. This means that you should have the right helmet and unless you are a motorcycle owner, chances are very low that you will have a helmet so it is the responsibility of the operator to give you one. You should also have a protective jacket, a pair of gloves, heavy jeans and riding boots.
Who will you recover damages from?
You can recover damages from:
- The other party involved in the accident
- The motorcycle operator
- If there was a defective part of the motorcycle you can claim damages from the motorcycle manufacturer
The good news is that when you file a motorcycle accident injury claim, you might recover damages because automatically liability is assigned to the motorcycle operator. Different situations will inform you of your rights as a passenger. Below is a breakdown of each situation and what rights you may have. For a clearer breakdown of your rights as a passenger, it is best to consult a motorcycle accident lawyer in Fall River.
Only the motorcycle was involved in the accident
When most people think about being involved in an accident, they think of two cars colliding or in this case, a motorcycle colliding with another motorcycle or a car. However, motorcycles are more dangerous, and hitting something like a speed bump could result in a serious accident. It’s therefore not unusual to hear about a motorcycle being the only vehicle involved in an accident. In such a situation where there are no other parties involved in the accident, your motorcycle accident claim will be against the operator. This means that you have to prove they were negligent.
First, you have to show they were liable for the accident and this means proving that they were at fault. You also have to prove that their negligence caused you harm and you have legitimate damages. Keep in mind that product or mechanical defects could have caused the accident. It is therefore important to get your particular situation analyzed by a skilled Fall River motorcycle accident lawyer.
More than one party was involved in the accident
If the motorcycle was involved in an accident with another car, you can file a claim against both the driver of the other car and the motorcycle operator. The only way you’ll be able to file a claim against one party in this situation is if it is clear they were at fault and the other wasn’t.
Defective motorcycle parts
Defective parts in a motorcycle can cause the rider to lose control and cause an accident. The most commonly defective parts are:
- Brakes
- Tires
- Fuel system malfunction
What should you do after a motorcycle accident?
The first step is to collect as much evidence as you can to back up your claim. Start by taking as many pictures of the accident scene as possible. You should also take pictures of your injuries.
Call 911 or the police so that they can write a report. Having a police report is important because it is considered a trusted account of what happened when the courts or insurance adjusters review your claim.
Avoid admitting fault or apologizing for the accident. What you say to people at the accident scene can be used against you when you file your claim.
Call a Fall River motorcycle accident lawyer today and schedule your free consultation
If you have been injured in a motorcycle accident in Fall River, you can contact any one of our skilled lawyers to evaluate your case. To learn more about how we can help you contact us today at 508-676-0001 to schedule your free consultation.
