Can a Passenger File a Separate Motorcycle Injury Lawsuit?

When you’re riding as a passenger on a motorcycle, you’re placing your safety in someone else’s hands, often without much say in how the bike is handled. But if an accident happens, your rights matter just as much as the rider’s. Many injured passengers don’t realize that they can file a separate motorcycle passenger lawsuit. Additionally, the chaos following an accident means they accidentally wait too long to do it.

If you were injured in a motorcycle accident as a passenger in Nevada, making sure you get compensation for your injuries should be a top priority. Learning the process of filing a passenger personal injury claim can help expedite the process and make sure you’re getting what you deserve. Gina Corena & Associates can explain your legal options, how liability works, and how to protect your claim from common mistakes in detail, and any questions you may have, but let’s get into an overview.

Understanding Passenger Rights in a Motorcycle Accident

In Nevada, passengers have the same right to seek compensation as motorcycle riders. This means that if you’re injured while riding as a passenger, you can file a personal injury lawsuit. This lawsuit can be filed separately from the driver’s, especially if multiple people or vehicles are involved.

When is it Appropriate to File a Personal Injury Claim as a Passenger?

If you were the passenger injured in a motorcycle accident, there are a variety of factors that could have caused or contributed to the accident and your injury. If you’re injured because of any of the following, filing a personal injury claim is an option to consider:

• The motorcycle operator’s negligence
• Another vehicle caused the crash
• A product defect in the components of the motorcycle or other vehicle involved
• Unsafe road conditions

Nevada law allows passengers to pursue a claim against one or more of these parties. You don’t have to rely on the driver’s case or their insurance company to recover your losses.

Even if the driver is a friend or family member, pursuing compensation from their insurance isn’t personal; it is making sure you’re taken care of after injuries from the accident.

Who Can Be Held Liable in a Motorcycle Passenger Injury Claim?

In most crashes, there’s more than one person or entity that could be responsible.

Here are the most common parties who may be liable:

• The motorcycle driver. If the rider was speeding, weaving through traffic, or impaired, they could be held responsible for your injuries, even if they’re your friend or relative.
• Another driver. If a car caused the collision by running a light or making an unsafe turn, you may be able to sue that driver’s insurance.
• A manufacturer. If a defective part, such as a tire or brake system, contributed to the crash, product liability laws may apply.
• The government. Poorly maintained roads or missing traffic signs can lead to liability for a public entity.

When the motorcycle driver or the driver of another vehicle is liable, there are specific insurance coverages that can apply to passengers. Nevada drivers are required to carry minimum liability coverage. Some motorcycle policies also offer UM/UIM (uninsured/underinsured motorist) or MedPay, which can help passengers get compensation.

How is Liability Assigned in Motorcycle Accidents, and Can I be Held Liable?

Nevada has specific rules that apply to personal injury cases, including motorcycle accidents. The most important law is about liability. Nevada follows a modified comparative negligence rule. This is a legal term that simply means that if you’re found to be less than 51% at fault, you can still recover damages, but your percentage of fault will reduce your compensation.

What does this mean for you as a passenger? Most of the time, as the passenger, you didn’t contribute to the accident at all – you are 0% at fault. There are some rare exceptions, such as if you impacted the driver’s ability to operate the motorcycle safely. A more common situation where you could be found partially at fault is if you got on the motorcycle with a driver, you knew was under the influence of drugs or alcohol.

Another law that plays a role in your personal injury case as a motorcycle passenger is Nevada’s Helmet Law. The law requires all motorcycle riders and passengers in Nevada to wear a helmet. Not wearing a helmet, even though it’s against the law, doesn’t mean you can’t file a personal injury claim. It just means that if you weren’t wearing a helmet and you suffered a head injury, your compensation could be reduced. In this situation, you will share the fault for your injury.

How Long do I have to File a Personal Injury Claim as a Passenger?

You have two years from the date of the accident to file a personal injury lawsuit in Nevada. This applies to everyone involved in the accident, not just the passenger. It’s important to know that your medical treatment can be ongoing; waiting to file a claim until your medical treatment is over can cause you to miss the statute of limitations.

How to File a Separate Motorcycle Injury Claim in the Las Vegas Area

Filing a claim as a passenger involves the same legal steps as any personal injury case. Because you’re the passenger, you have the right to pursue your compensation independently of the motorcycle operator. There are benefits to filing an independent claim. As the passenger, your claim is likely more straightforward, especially when you’re one of the majority of passengers who share no fault in the accident.

A personal injury claim begins before you’ve even met with an attorney. Setting yourself up for a strong claim requires you to seek immediate medical attention after the accident. Medical documentation can make or break your case.

Even if the other people involved don’t want to call law enforcement, that is a must. Having a police report documenting the accident is necessary for a claim.

Document everything you can at the crash scene. You will want to record videos, take photos of the crash scene and your injuries, and collect witness information.

Now it’s time to file a personal injury claim. This is where the legal part comes in, and having a personal injury attorney experienced in motorcycle passenger accidents is a must. Your attorney will help you collect documentation, submit the claim, and work to negotiate a fair settlement on your behalf. If necessary, your attorney will represent you in litigation.

Damages Available in a Motorcycle Passenger Injury Lawsuit

Nevada law allows injured passengers to recover a wide range of damages, including:

• Medical bills, including future treatment
• Lost wages and loss of future income
• Pain and suffering
• Emotional distress
• Disfigurement or permanent disability
• In some cases, punitive damages (if the driver was reckless or impaired)

Don’t Wait to Take Action on Your Passenger Personal Injury Claim

If you’re injured as a motorcycle passenger, you’re not stuck waiting for someone else’s claim to move forward. Having a separate claim means your needs, rights, and best interests are put first. At Gina Corena & Associates, we do just. We help motorcycle accident passengers in Las Vegas understand their rights and take action with confidence. If you’re unsure where to start, we offer a free consultation to review your options.