What to Do if You’re the Passenger in a Motorcycle Crash

As a motorcycle passenger, you face unique vulnerabilities during accidents, often lacking even the control and protection afforded to the motorcycle driver. In 2021, across Missouri, there were 160 motorcycle crash fatalities and 1,921 injuries involving drivers and passengers.

Knowing what to do after a crash can protect your well-being and right to compensation, which can help pay for medical treatment and any time you take off work for recovery. 

If you’ve been involved in a motorcycle crash, contact a Missouri motorcycle accident lawyer from Cofman Townsley as soon as possible to protect your interests.

Unique Vulnerabilities of Motorcycle Passengers

Motorcycle passengers are especially susceptible to injuries during accidents due to the lack of physical barriers and protective structures around them. Unlike cars, motorcycles offer minimal protection, increasing the risk of serious injuries.

Motorcyclists and their passengers are 24 times more likely to die in a collision compared to passenger car occupants. In Missouri, motorcycle crashes accounted for 14% of all traffic fatalities in the state in 2022.

Missouri has enacted a few legal guidelines to help protect motorcyclists and their passengers. For instance, you must wear a helmet when riding unless you’re over 26 and have specific insurance coverages. Statute 300.345 requires riding only on motorcycles designed to carry more than one person and in the appropriate position.

Immediate Steps to Take After a Motorcycle Crash

Taking these immediate steps after a motorcycle crash can help ensure your safety, secure vital evidence, and protect your legal rights. Here’s what to do:

• Call for Help: If you can, move to a safe location away from traffic. Call 911 to report the accident and request medical assistance. You must also notify the police of accidents involving injuries, fatalities, or property damage over $500. Make sure to get a copy of the police report for your insurance claim.

• Get Medical Treatment: Seek medical treatment as soon as possible, even if you do not feel seriously injured. Some injuries, such as brain injuries or internal bleeding, may not show immediate symptoms but can have serious complications if left untreated. Medical records will also serve as essential evidence for any legal claims.

• Document the Scene: If you are able, document the accident scene thoroughly. Take photos and videos of the motorcycle, other vehicles involved, road conditions, traffic signs, and injuries. This evidence can strengthen your case.

• Exchange Information: Exchange contact and insurance information with all parties involved in the accident, including the motorcycle driver, other drivers, and witnesses. Record their names, phone numbers, addresses, and insurance details. This information is critical for filing insurance claims and legal actions.

• Avoid Discussion of Fault: Do not discuss fault with anyone. Statements made at the scene can be used against you in future legal proceedings. When speaking with law enforcement, stick to the facts and let the investigation determine fault.

• Contact a Lawyer: Consult with an experienced personal injury lawyer about your legal options. Our team at Cofman Townsley can guide you through determining liability, assessing fair compensation, filing claims, negotiating with insurance companies, and taking your case to court if necessary.

Determining Fault in a Motorcycle Accident

Fault in a motorcycle accident can involve multiple parties. You may be able to seek compensation from the following parties to help support your recovery:

• The Motorcycle Driver: If the motorcycle driver was negligent or reckless, they might be held responsible for the accident. This could include speeding, impaired driving, or violating traffic laws.

Many passengers are hesitant to file against a friend or partner who was driving, but this could mean high out-of-pocket expenses for medical care or other losses. It’s helpful to know that you’d file with their liability insurance in this situation, which should cushion the impact on their finances.

• Other Drivers: If another vehicle was involved in the crash, the driver of that vehicle could be liable. This might be due to distracted driving, failure to yield, or other traffic violations. In this case, you’d file with the third party’s liability insurance in Missouri, which must cover a minimum of $25,000 per person in bodily injury and $25,000 for any personal property. 

• Motorcycle Manufacturer: In some cases, a defect in the motorcycle itself may have contributed to the accident. If a mechanical failure or design flaw is identified, the manufacturer could be held accountable in a product liability claim.

• Road Conditions: Poor road conditions, such as potholes or debris, could also contribute to the accident. In these cases, the entity responsible for maintaining the road, such as state or city road crews, may be liable.

Contact Cofman Townsley for Legal Assistance

If you have been a passenger in a motorcycle crash, it is essential to take the proper steps to protect your health and legal rights. At Cofman Townsley, our experienced personal injury lawyers can help you receive the compensation you deserve. Contact us today for a free consultation, and let us help you secure your future.