Motorcycle Passenger Injury Claim

Motorcycles are becoming increasingly more popular in Florida every year. It is estimated that over the past 20 years, the number of annual motorcycle fatalities reported in Florida has doubled. Sadly, with increased popularity, comes increased roadway accidents. Motorcycles are used both as a form of recreation as well as a convenient mode of transportation. It’s not uncommon to find someone riding as a passenger on the back of a motorcycle. While riding with the wind in your hair on the endless stretches of highways and roads throughout Florida is certainly invigorating and thrilling, it also can be extremely dangerous to both the driver and any passenger on a motorcycle. 

 

Motorcycle Accident Statistics

Motorcycles offer no outwardly protection from impact, as cars or trucks would. Because of this, motorcycle accidents often end with severe, permanent injury and even death. Nationally, an estimated 84,000 motorcyclists were injured in 2019, a 2-percent increase from 82,000 motorcyclists injured in 2018 (via NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION) In Florida, 2020 was a very deadly year for motorcyclists, with 600 reported fatalities. Passengers on motorcycles usually suffer the same types of injuries as the driver, if not more, since passengers lack any sort of control of the motorcycle. The long-term impacts of being involved in a motorcycle accident can last anywhere from months to a lifetime. Medical bills and lost wages alone can cause severe strain on anyone's life following a Florida motorcycle accident. Motorcycle accidents are terrible, and we urge anyone riding one to wear a properly fitting helmet certified by DOT at all times. 

 

Motorcycle Passenger Laws

• Helmet Laws - If you are over the age of 21 you are not required to wear a helmet while riding as a passenger on a motorcycle. However, you must have an insurance policy that covers at least $10,000. 
• Footrest Laws -. All motorcycles designed to seat a passenger are required to have footrests installed for their passengers. This helps with balance and stability.
• Child Passenger Laws - Florida law allows children to ride on motorcycles. In fact, there are no age restrictions for children who ride on motorcycles. Children are required to wear a helmet.
• Carrying Extra Passenger Laws  - there has to be a seat for the passenger or the seat must be meant for two. Another person is prohibited from riding on a motorcycle as a passenger unless the motorcycle is designed for more than one person. 

 

Motorcycle Passenger Rights After an Accident

If you have been injured as a result of a motorcycle crash while riding as a passenger, you have the right to seek compensation for the injuries you have suffered. Not only that, but you may also seek compensation for damages such as lost wages, pain and suffering, and future medical needs. Hiring a lawyer who specializes in motor-vehicle-related injuries will help you maximize the money damages awarded to you. They will also help walk you through this difficult and stressful time so you can focus on healing and getting your life back to normal. An experienced Florida motorcycle accidents attorney will conduct a thorough investigation of the crash, and gather all the necessary evidence to help prove negligence. 

 

Who Is Liable?

Since all accidents are different, it is impossible to say for sure who would be liable for an accident you were involved in. Depending on the circumstances of your case, the motorcycle driver or the driver of another vehicle (if there was one) could be held liable. In some circumstances, both could be at fault. Statistically, it is usually another vehicle that does not see the motorcycle that causes the accident. The driver of the other vehicle and motorcycle has a responsibility to operate a motorized vehicle with care and safety to prevent any unnecessary accidents. This is known as ‘duty of reasonable care.’ In other circumstances, a motorcycle accident can be caused by faulty or defective parts. For example, if a motorcycle was unable to stop due to faulty brakes, a claim could be brought against the manufacturer of the motorcycle, or even the mechanic who last serviced the bike.

 

If you or a loved one were injured in a crash as a motorcycle passenger, you do not want to take the risk of going at this alone. A skilled Florida motorcycle accidents attorney will sit down with you and listen to the details of your case. With years of experience, they can provide you with feasible options for how you can proceed with legal action. Robert Gluck will fight for your rights so you can receive the maximum settlement available to you. If you would like to schedule your free case evaluation, call Robert directly. For cases in Broward County, call 954-583-8999, and for Collier County dial 239-403-3728. You can also email Robert at [email protected].