Can I File a Claim If I Was a Passenger of a Motorcycle That Got into an Accident?

Being involved in a motorcycle collision is terrifying. If you are a passenger on the motorcycle, you might also be confused about what you should do next. The idea of filing a claim against someone you know or care about is stressful. However, you need to look out for your best interests when you’ve suffered injuries that are no fault of your own. If you need assistance filing a motorcycle passenger injury claim, the personal injury lawyers at Gerash Steiner Blanton, P.C., are here to help.

Riding a motorcycle can be a fun pastime, but it can also be a deadly one in the event of an accident. Motorcycle accidents can result in severe or catastrophic injuries. If the person operating the motorcycle is responsible for your life-changing injuries, you may need to put aside concerns about how a claim may affect your relationship in the future. The cost of a motorcycle accident can be high, and you don’t want to be left holding the bill. 

Common Motorcycle Accident Injuries

Injuries in a motorcycle accident will vary based on the circumstances of the accident. Some of the most common injuries include:

• Spinal cord injuries, including paralysis;
• Traumatic brain injuries;
• Fractured and broken bones;
• Road rash;
• Lacerations and cuts;
• Crushed limbs;
• Burns;
• Organ damage; and
• Internal bleeding.

If you sustained a severe motorcycle passenger injury, please contact Gerash Steiner Blanton, P.C. Our attorneys have decades of legal experience and will help you determine what your case is worth. Attorney Eric Steiner, M.D. was previously a cardiac anesthesiologist. Drawing from his medical and legal expertise, he has insider knowledge that helps our clients understand what their case is worth. 

Damages Recoverable by a Passenger

Damages recoverable by a passenger in a motorcycle collision will vary based on their injuries. Your case value depends heavily on your damages. The easiest way to understand damages is to divide them into two categories—economic and non-economic.

Economic damages include your financial losses. Examples of monetary damages include:

• Medical expenses,
• Lost wages, and
• Property damage.

Your non-economic damages are non-tangible. These losses cannot be attached to a specific financial expense or cost. Examples of non-economic damages include:

• Pain and suffering,
• Emotional distress,
• Disability, and  
• Loss of consortium.

When you present a motorcycle passenger injury claim demand to the at-fault party, the claims adjuster will not hand over a check. You need to provide proof of your financial losses and support for your non-economic damages. Having an attorney with a medical background on your team gives you an added advantage. Attorney Eric Steiner, M.D. knows how to build a solid and successful case. His knowledge will be invaluable should your case go to trial.  

Colorado Liability Insurance Limits

Colorado requires drivers to carry a certain amount of liability coverage when operating a vehicle or motorcycle. The minimum amount of coverage is:

• $25,000 for bodily injury or death to one person in an accident;
• $50,000 for bodily injury or death to all people in a single accident; and
• $15,000 for property damage in any one accident.

Colorado allows someone to apply for self-insurance if they have more than 25 vehicles registered in their name. The certificate of self-insurance means they have the financial means to pay the state requirements in the event of an accident. If the person who caused the accident is driving a fleet vehicle, they may handle your claim through their own company rather than an insurance company.

Understanding the insurance limits is crucial because it impacts a motorcycle passenger injury claim. If you have catastrophic injuries and significant damages, you might not receive the total value of your demand. The only option to receive additional money from the responsible driver beyond insurance is to sue them directly. That can be an uncomfortable situation if you are close to the person operating the motorcycle you were on.

If you have $300,000 in damages and the responsible driver has only $25,000 in coverage, you will receive only a fraction of your claim value. When you have a Colorado motorcycle passenger injury representing you, we will look for all avenues of recovery. There could be more than one party responsible for your damages.

Another option for potential compensation could be your own auto policy if you have underinsured motorist (UIM) coverage on your policy. Your attorney can help you present a motorcycle passenger injury UIM claim to see if you have coverage that applies to this accident.

What Are Your Rights If You’re Injured as a Passenger?

If you want to know more about motorcycle passenger rights, the professional and skilled legal team at Gerash Steiner Blanton, P.C. is here to answer any questions you might have. When you meet with a lawyer at our firm, we will review the facts of your case. We will also let you know plenty of helpful information about your claim, including:

• Who we believe are the responsible parties;
• What your claim could be worth;
• How best to build your case strategy;
• What evidence you need; and
• How we suggest resolving the case.

Knowing what to do after a motorcycle passenger injury can be confusing. It would be best if you didn’t wait to contact a Colorado motorcycle accident injury lawyer. Hiring a lawyer in the initial stages of your personal injury claim can be very beneficial. You need someone who understands your case and how best to pursue the maximum compensation. In addition, you don’t have an unlimited amount of time to seek compensation.

In most motorcycle accidents, you have only a certain amount of time to file a lawsuit for your injuries. This deadline is known as the statute of limitations. Colorado statute C.R.S. 13-80-101 says you have three years from the accident to file a summons and complaint with the appropriate court. Failure to do so means the court could dismiss your case entirely. Don’t jeopardize your motorcycle passenger rights by trying to handle your claim independently.

Contact Our Lawyers at Gerash Steiner Blanton, P.C.

If you need assistance pursuing a serious motorcycle passenger injury claim, our legal team will be there to help. Let us put our decades of legal and medical experience to work for you.

Unlike some other injury firms, we don’t believe in taking on a high volume of cases. We are selective about the personal injury claims we agree to take on because we believe every client deserves the best possible representation. We are proud of our reputation for success and the quality legal services we provide to our clients. Contact our office today to schedule a consultation to learn how we can help you pursue the maximum compensation for your motorcycle passenger injury.