You are entitled to compensation for your injuries if you are a passenger and are hurt in a motorcycle accident in Virginia. However, you will need to identify who caused your crash so that you file your claim with the correct insurance company.
Parties Who May Be Liable for a Passenger’s Injuries
In order to be entitled to damages for your injuries, you must prove who was negligent in causing your crash. Depending on the cause of your motorcycle accident, one or more parties could have been to blame. Parties who may be responsible include:
- Motorcycle driver. If the motorcyclist was negligent, you may have a right to compensation from them under Virginia law. You may feel uncomfortable filing a claim with their insurance company if the rider is a family member or friend. It is important to remember that the insurance company will be paying you, not the person you know.
- Other driver. Most motorcycle accidents are caused by other motorists who drive unsafely and fail to pay attention to much less visible motorcycles. If another driver caused your accident, they face liability to compensate you.
- Manufacturer. If a defective part on the motorcycle or the vehicle that struck you caused your accident, you would need to file a product liability claim against the manufacturer.
- Mechanic. A mechanic who did not repair the motorcycle or the motor vehicle properly could be liable for your injuries if a tire blowout, defective brakes, or another problem caused the driver or motorcyclist to lose control and cause a collision.
- Local government. If potholes, cracks in the asphalt, or other road defects caused your motorcycle accident, the municipality responsible for road maintenance may be the liable party. You could have to follow special procedures and meet shorter deadlines when you file your claim.
Compensation Awarded in Motorcycle Passenger Injury Claims
It is also important to understand the types of compensation you are entitled to under Virginia law so that you know what to ask for when you file your claim and consider a settlement offer from the insurance company. You should receive your past and future damages, which can include:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
If you were a passenger on a motorcycle and suffered injuries in a motorcycle crash, our knowledgeable motorcycle accident attorneys are here to file your claims against all liable parties and to fight so that you receive the compensation you deserve. Schedule your free consultation by calling our Norfolk office or filling out the convenient online form on this page.