Motorcycle passengers face all the same dangers as riders but with even less control. A passenger cannot steer, brake, or swerve to avoid a crash. They are entirely dependent on the rider and other drivers for their safety. When a motorcycle accident happens, the passenger often suffers the most severe injuries because they have the least ability to brace for impact.
If you were a passenger on a motorcycle that was involved in an accident in Chicago, your legal options are actually broader than those available to the rider.
Who Can a Motorcycle Passenger Sue?
As a passenger, you were not operating any vehicle involved in the crash. This means you bear no fault for the accident in almost all scenarios. You can file a claim against any party whose negligence contributed to the crash:
The Other Driver
If a car, truck, or other vehicle caused the crash by failing to yield, running a light, changing lanes unsafely, or any other negligent act, you file a claim against that driver’s liability insurance. This is the same claim the rider would file.
The Motorcycle Rider
Here is the key difference for passengers: you can also sue the motorcycle rider. If the rider was speeding, riding recklessly, impaired, or otherwise negligent, and their riding caused or contributed to the crash, you have a claim against the rider.
This creates a difficult personal situation when the rider is a friend, family member, or romantic partner. But it is important to understand that you are not suing the person so much as filing a claim against their insurance policy. The rider’s liability insurance pays the claim, not the rider personally.
Both Parties
In many motorcycle accidents, both the other driver and the motorcycle rider share fault. As a passenger with no fault of your own, you can file claims against both parties. This maximizes the insurance coverage available to compensate your injuries.
For example, if a car failed to yield and the motorcycle rider was speeding, both drivers share fault. The car driver might be 60% at fault and the rider 40% at fault. As the passenger, you can recover from both, and Illinois comparative fault does not reduce your claim because you are 0% at fault.
Insurance Coverage for Motorcycle Passengers
Multiple insurance policies may cover your injuries:
The at-fault car driver’s liability insurance. This is the primary coverage if another vehicle caused the crash.
The motorcycle rider’s liability insurance. If the rider was at fault or partially at fault, their liability policy covers passenger injuries.
Your own auto insurance. If you own a car with uninsured or underinsured motorist coverage, your UM/UIM policy may apply to your motorcycle passenger injuries. This is especially important if neither the car driver nor the motorcycle rider has sufficient coverage.
MedPay coverage. Medical payments coverage on either the motorcycle policy or your own auto policy may cover medical expenses regardless of fault.
Health insurance. Your personal health insurance covers treatment costs, which can be reimbursed from any settlement or verdict.
Common Passenger Injuries
Motorcycle passengers typically suffer the same injuries as riders, but certain injuries are more common in passengers:
Lower back and pelvic injuries. The passenger seat position and the forces of impact often cause lumbar spine injuries and pelvic fractures in passengers.
Burns from exhaust pipes. Passengers, especially those unfamiliar with motorcycles, may contact the exhaust pipe or engine during or after a crash, causing serious burns.
Ejection injuries. Passengers are more likely to be thrown from the motorcycle because they have nothing to grip as firmly as the rider grips the handlebars. Ejection leads to traumatic brain injuries, road rash, and fractures from hitting the ground.
Leg injuries. The passenger’s legs are positioned where they can be caught between the motorcycle and another vehicle or dragged along the ground during a slide.
The Helmet Question for Passengers
The same rules apply to passengers as to riders in Illinois: there is no helmet requirement. If you were not wearing a helmet as a passenger, the failure to mitigate defense can be raised regarding head injuries, but it does not affect your claim for other injuries or eliminate anyone’s liability.
Filing a Claim Against a Friend or Family Member
The most common concern for motorcycle passengers is that filing a claim against the rider means suing someone they care about. This is understandable but usually unnecessary to worry about for these reasons:
Insurance handles it. The rider’s insurance company pays the claim. The rider does not pay out of pocket unless the damages exceed their policy limits.
The rider’s rates may increase. This is the main real-world consequence for the rider. But the rider’s insurance premium should not determine whether you get compensation for your injuries.
It may be your only option. If the other driver was uninsured or had minimal coverage, the rider’s liability insurance may be the only adequate source of compensation for your injuries.
An experienced attorney can help navigate the personal dynamics of filing a claim against someone you know while ensuring you receive fair compensation.
What to Do After a Motorcycle Passenger Accident
- Get medical attention immediately. Do not refuse treatment because you think your injuries are minor.
- Get the police report. The report documents who was at fault.
- Identify all insurance policies. The car driver’s, the rider’s, and your own auto policies all potentially apply.
- Do not give recorded statements to any insurance company without consulting a lawyer.
- Contact a lawyer. Passenger claims involving multiple liable parties and multiple insurance policies require experienced legal guidance.
Talk to a Chicago Motorcycle Accident Lawyer
As a motorcycle passenger, you likely have stronger legal options than you realize. Phillips Law Offices can identify all liable parties, maximize your insurance coverage, and fight for full compensation for your injuries.
Call (312) 346-4262 or contact us online for a free consultation.