Motorcycle Passenger Injury Lawyer: Claims for Riders on the Back Seat

Who pays when a motorcycle passenger is hurt?

A motorcycle passenger can claim against whoever caused the crash: the operator of the motorcycle they were riding on, the driver of another vehicle, or both. The claim against the operator is normally paid by the liability coverage on the operator's motorcycle policy, not out of the operator's pocket. Policy wording matters here, especially when the passenger lives in the operator's household, so have the declarations page and full policy reviewed.

Because a passenger does not steer, brake or choose the speed, fault usually belongs to one or both drivers. When both share it, Pennsylvania divides responsibility by percentage, and a defendant found at least 60% at fault can be made to pay the whole award (42 Pa.C.S. § 7102(a.1)(3)(iii)).

Claiming against the person operating the bike

Many passengers hesitate because the operator is a spouse, partner, relative or close friend. The claim is made against the operator's insurance, which exists for exactly this situation. Examples of operator fault that support a passenger claim:

• Speeding, following too closely or misjudging a curve on a road like Garrett Road or State Road.
• Riding between lanes of traffic or between rows of cars, which Pennsylvania prohibits (75 Pa.C.S. § 3523(c)).
• Carrying a passenger on a motorcycle without footrests and a handhold for the passenger, which the Vehicle Code requires (75 Pa.C.S. § 3524).
• Riding impaired, fatigued or without the experience to handle the added weight of a passenger.

When another driver caused the crash

If a car turned across the motorcycle's path or changed lanes into it, the passenger's main claim runs against that driver's liability insurance. The operator may have a claim too, and both injured people draw on the same limits. When the at-fault driver's coverage is too small for two serious injuries, underinsured motorist coverage becomes important. Pennsylvania insurers must offer UM and UIM coverage, but it can be rejected in writing (75 Pa.C.S. § 1731), so the motorcycle policy and every auto policy in your household should be checked.

If the other driver fled, the case may proceed as an uninsured motorist claim. Report the crash to police, since an unidentified vehicle claim requires a police report and prompt notice to the insurer (75 Pa.C.S. § 1702).

Paying medical bills as a passenger

Car passengers in Pennsylvania usually have first-party medical benefits available right away. Motorcycle passengers generally do not: the Motor Vehicle Financial Responsibility Law makes an operator or occupant of a motorcycle ineligible for first-party benefits (75 Pa.C.S. § 1714). Health insurance, Medicare or Medicaid usually covers treatment until the liability claim resolves, and those payers may assert a lien on the recovery. Keep every explanation of benefits you receive.

Helmets and passengers

A passenger may ride without a helmet only if the passenger is 21 or older and the operator is also exempt from the helmet law (75 Pa.C.S. § 3525(d)(4)). A passenger under 21, or one riding behind an operator who has not held a license for two full calendar years and has not completed an approved safety course, must wear one. Eye protection is required either way. A missing helmet does not make a passenger responsible for the crash, though the insurer may argue about the extent of a head injury.

What to do now

Get evaluated even if the operator seems more badly hurt, because passengers are often thrown farther and injuries like a concussion or a torn ligament can surface days later. Write down what you saw before the crash, including speed and lane position, while you still remember it. Do not give a recorded statement to either insurer before getting advice.

The deadline to sue is generally 2 years from the crash (42 Pa.C.S. § 5524). Warren I. Siegel, Esq. handles passenger claims in Delaware County and West Philadelphia on a 100% contingency fee: no attorney fee unless we recover, with all case costs advanced by the firm and repaid only from a recovery. Call (267) 412-4601 or send the free case review form.