A passenger on a motorcycle has rights when an accident occurs. Their case can be more complex than that of the driver of the bike or the other party involved. Under West Virginia’s laws, victims have the right to seek compensation for the losses they can prove another person caused. Take a closer look at what that means with help from a Charleston motorcycle accident lawyer from Salango Law.
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Determination of Fault
The first component of receiving compensation is to establish fault in the accident. Evidence from the incident, witness statements, and police reports can help to piece together what happened and who caused the accident. It could be another vehicle on the road that struck the motorcycle, causing the accident. It may be the driver of the bike who is responsible. In some cases, both may hold some level of responsibility.
Determining Losses
After you determine who is at fault, often based on the insurance company and the police report’s decision on responsibility, as a passenger, you must calculate your losses. You have the right to seek compensation for all losses you have. That includes medical bills, lost wages, and pain and suffering. This is what helps to formulate how much your claim is. A brain injury attorney in Charleston will be able to guide you through the process of determining loss after a motorcycle accident.
Who to Seek Compensation From
Depending on fault, you may be seeking that claim against one or more drivers. If the driver of a car is 80% at fault, they must pay for 80% of your losses, and the driver of your motorcycle pays the remaining 20%.
However, it is important to note that passengers may have some level of responsibility as well. For example, if you were not wearing a helmet at the time of the accident, which is a requirement under West Virginia law, you could be held partially at fault for your injuries if you sustained head injuries. If you caused the accident in any way, you could be held accountable for your portion of the fault. In that case, your claim value is reduced by the percentage of fault the insurance company or police assigns to you.
How an Attorney Can Help You
If you are a passenger in a motorcycle accident with injuries (head trauma, broken bones, etc….) due to the actions of others, do not just settle your claim. Instead, work with a motorcycle accident lawyer who can build a comprehensive claim for you backed by evidence. This can prove to be critical if you have serious injuries and losses as a result of the accident. Your motorcycle accident lawyer will help you with:
- Determining all parties at fault in your accident so you can pursue compensation against all of them
- Ensure you are filing a claim that includes all of the potential losses you have, especially if you have significant medical bills, lost wages, and pain and suffering
- Negotiate with the insurance companies for fair compensation for you, not letting them take advantage of you
As a passenger on a motorcycle, you have unique rights to compensation. Your case may be more complex because there are numerous parties involved. Having a lawyer makes it easier for you to know what your rights are.
Set Up Some Time to Talk to Our Legal Team
Contact Salango Law today for a free consultation. Speak to our West Virginia motorcycle accident lawyers to find out what we can do to help you recover damages.