Motorcycle Passenger Rights and Injury Claims: How to Navigate Complex Liability Issues
When someone chooses to ride as a motorcycle passenger, they place a deep level of trust in the rider and everyone else on the road. However, when an accident occurs, motorcycle passengers never expect to end up with hospital visits, surgeries, and mounting bills. They didn’t ask to be in an accident. They weren’t even operating the motorcycle. Yet, they’re the ones paying the price.
At The Eskesen Law Firm, I stand up for motorcycle passengers who’ve been injured due to someone else’s carelessness. From my office in New York, New York, I represent clients throughout New York City, including Manhattan (New York County), Brooklyn (Kings County), Queens (Queens County), The Bronx (Bronx County), and Staten Island (Richmond County).
I know what it takes to fight for justice when liability issues get messy, and I don’t back down. If you or someone you love was hurt as a passenger on a motorcycle, reach out to me today to learn more about your rights as a passenger and options for legal action.
The Role of Passengers in Motorcycle Accidents
Passengers don’t usually have control over what happens before or during a crash. That’s what makes these cases so upsetting. In most motorcycle accidents, the passenger suffers the worst injuries, often through no fault of their own. Airbags or seat belts rarely protect passengers, and when a bike goes down, passengers are almost always thrown from it.
Although the law provides passengers with essential rights, insurance companies will do everything they can to shift the blame, limit payouts, or stall progress if those rights aren’t protected early on.
Passengers can get caught in the middle of finger-pointing between drivers, insurance adjusters, and even their own friends or relatives. That’s why it’s so important to speak with a personal injury lawyer who knows how to move forward decisively.
Common Injuries Suffered By Motorcycle Passengers
A motorcycle passenger is vulnerable to extreme physical trauma, especially when the bike crashes at high speeds. Unlike drivers in cars, they don’t have protective structures around them. Even when wearing helmets and gear, the body takes a tremendous impact. Some of the most common injuries I’ve seen in passenger claims include:
Traumatic brain injuries (TBI): Even with a helmet, a passenger can suffer a concussion, skull fracture, or long-term cognitive impairment.
Spinal cord injuries: These can lead to partial or complete paralysis, often requiring lifelong care and therapy.
Fractures and broken bones: Legs, arms, ribs, and hips are often fractured in a crash, sometimes in multiple places.
Road rash and skin damage: When passengers are thrown from a motorcycle, sliding across pavement can cause deep abrasions and infections.
Internal injuries: Damage to organs like the liver, spleen, or lungs can be life-threatening and difficult to detect immediately.
Emotional trauma: PTSD, anxiety, and depression are common after violent accidents, especially for passengers who felt helpless during the crash.
Every injury deserves attention, not just from doctors, but also from the legal system. At The Eskesen Law Firm, I fight to hold wrongdoers accountable for the full range of harm caused, both physical and emotional.
Understanding Multiple Party Liability
Motorcycle crashes often involve more than just the rider and passenger. When a passenger is injured, determining fault isn’t always straightforward. It's essential to look at every possible angle to hold the right people accountable. Some key parties who may be held responsible in a motorcycle passenger injury claim include:
The motorcycle operator: If the rider was speeding, weaving through traffic, or making reckless moves, they could be liable, even if they’re a friend or relative.
Another vehicle driver: Car and truck drivers often don’t respect motorcycles on the road. If they changed lanes unsafely or failed to yield, they could be at fault.
A municipality or public agency: In cases where poor road maintenance or hazards like potholes caused the crash, a government agency may share responsibility.
A motorcycle manufacturer or parts distributor: If a mechanical failure caused the accident, such as defective brakes or a faulty tire, product liability may apply.
Another passenger or third party: In rare cases, another passenger or even a pedestrian may have played a role in the incident.
In many of the cases, fault is shared across two or more parties. When that happens, a skilled motorcycle accident attorney can make sure liability is correctly apportioned so you can recover what you need to heal.
Who Pays for a Passenger’s Injuries?
One of the biggest questions injured passengers commonly have is, “Who’s responsible for paying my bills?” The answer depends on how the crash happened, what insurance coverage is in place, and who was legally at fault.
In New York, motorcycle passengers aren’t covered under the same no-fault laws that apply to car passengers, which makes these claims more difficult. Some possible sources of compensation for motorcycle passenger injuries include the following.
The motorcycle operator’s insurance: If the rider was negligent, their bodily injury liability coverage may apply.
Another driver’s insurance: When another vehicle caused the crash, that driver’s liability policy should pay for damages.
Your own motorcycle or auto insurance: If you have medical payments (MedPay) coverage or uninsured motorist (UM) coverage, it may help pay for some costs.
A product manufacturer or third party: Third-party claims may provide compensation in cases involving mechanical failure or other contributors.
Lawsuits: When insurance isn’t enough, or when a claim is denied, taking the case to court may be the best option.
At The Eskesen Law Firm, I strive to explore every avenue to recover what you need to cover medical bills, lost wages, pain and suffering, and long-term care.
What If the Motorcycle Rider Were a Friend or Family Member?
Many passengers hesitate to file a claim because the rider is someone they know and care about. While it can often feel uncomfortable to file a claim against a friend or loved one, you're not directly suing your loved one—you’re filing against their insurance policy.
Most riders carry motorcycle liability insurance for precisely this reason. It’s there to protect both them and their passengers if something goes wrong. At The Eskesen Law Firm, I strive to help my clients understand the process and make thoughtful decisions about how to move forward without straining important relationships.
What to Do After a Motorcycle Passenger Accident
The moments after a crash are overwhelming. Passengers may be in shock, confused, or unconscious. However, taking specific steps when possible can make a significant difference in the strength of a future injury claim. The primary actions you should take after a motorcycle passenger injury include the following.
Call 911: Medical attention should always be your first priority. Request emergency services right away, even if your injuries seem minor.
Obtain a police report: A formal accident report helps document the crash and can be a critical piece of evidence.
Collect information: Gather the names, insurance information, and contact details of all drivers and witnesses.
Take photos: Document the scene, vehicles, injuries, and road conditions. Even a few snapshots can serve as powerful evidence.
Don’t admit fault: Avoid saying anything that could be misinterpreted as accepting blame.
Seek medical care immediately: Some injuries worsen over time. Seeing a doctor creates a record of your injuries.
Contact a lawyer as soon as possible: Time isn't on your side. Early legal support protects your rights before insurance companies step in.
If you're not able to take these steps yourself, a loved one or friend can often help. To file a claim after a motorcycle accident, reach out to an experienced personal injury attorney as soon as possible.
Why It’s Important to Act Quickly
Motorcycle passenger claims can get buried in red tape if not handled right away. In New York, there are strict time limits to file a claim, and valuable evidence can disappear fast. Whether it’s skid marks on the road, surveillance footage, or eyewitness accounts, delays in filing a claim can seriously hurt your case.
At The Eskesen Law Firm, I strive to move quickly to preserve evidence, secure police records, interview witnesses, and consult medical professionals. It’s not just about gathering information; it’s about building a case that stands up to aggressive insurance adjusters.
Speak With a Skilled Motorcycle Injury Lawyer
If you’ve been hurt as a motorcycle passenger, don’t let anyone minimize your pain or delay your recovery. You should have real answers, real help, and real compensation. At The Eskesen Law Firm, I’m ready to take on your case and fight for what you need to move forward.
Based in New York, New York, I help clients throughout the city, including Manhattan, Brooklyn, Queens, The Bronx, and Staten Island. Whether you're unsure who was at fault or need someone to explain your options, I’m ready to advocate for your rights. Contact me at The Eskesen Law Firm today to schedule a free consultation.