Motorcycle Passenger Injuries: When to Contact an Injury Lawyer

August 4, 2015

Motorcycle accidents involving passengers occur in Coquitlam each year. Motorcyclists and their passengers are more likely to suffer serious injury or death than drivers of other motorized vehicles. When a motorcycle becomes unbalanced, falls over and drags along the asphalt, the driver and any passengers may suffer a range of injuries. The sudden impact of falling off the motorcycle, having a limb pinned underneath the motorcycle, and sliding into oncoming traffic might just be the beginning. Each situation and motorcycle accident is unique, and the motorcyclist and passenger can sustain varying levels of injury.

A motorcycle passenger that is injured from a collision is eligible for third party personal injury damages compensation from the responsible party, who, in British Columbia, is likely insured by the Insurance Corporation of British Columbia (ICBC). Depending on the circumstances, if you were hurt as a motorcycle passenger, you could recover damages against the motorcycle operator, the other car involved (if there is one), by contacting an accident lawyer in Coquitlam, Surrey and the surrounding Lower Mainland Region. You might also be able to present a product liability (defective product) claim against the motorcycle manufacturer if a defect or fault in the motorcycle caused the accident. While circumstances vary, some motorcycle passenger injury cases may be more straightforward personal injury cases because it is rare that an injured passenger is at fault.

Single Vehicle Accidents

It’s possible that you could be a passenger on a motorcycle and no other vehicles are involved in the accident. This is known as a single vehicle accident. Single vehicle accidents involving motorcycles may be caused by driver error – such as when a driver drives a motorcycle into a tree, fence or vehicle – or it may be a result of a mechanical defect or fault in the motorcycle itself.
An injured passenger’s claim in a single vehicle accident is against the motorcycle operator and/or the manufacturer, depending on the facts of the case. As in any negligence case, an injured person needs to prove the liability of the responsible party and their damages, including how they were injured, with medical evidence.

Two-Vehicle Motorcycle Accident

A two-vehicle motorcycle accident often results in serious injuries because of the sheer size and weight of the other vehicle involved in the accident, and the lack of protection available to the motorcyclist and their passenger. If you are a passenger on a motorcycle that is injured in an accident with another vehicle, you will file a claim against both the motorcycle operator and the other car involved unless it is legally clear that only one of the operators was at fault. Your personal injury lawyer in Coquitlam can guide you through these legal decisions.
There are situations where a two-vehicle motorcycle accident occurs and the two vehicles do not actually collide. For example, a car could negligently cut off a motorcycle in traffic and causes the motorcyclist to lose control and fall. In that case, the driver of that car is liable both to the motorcycle driver and the motorcycle passenger for the damages suffered. If a negligent driver flees the scene of the two-vehicle accident and is never found, your Coquitlam personal injury lawyer can help you navigate a claim for a hit and run accident instead.

Filing a Passenger Claim in a Motorcycle Accident

A motorcycle accident passenger claim proceeds just like a passenger injury claim in a car accident. A lawyer can help you file a claim with ICBC against the responsible drivers involved in the accident, unless one of the drivers was obviously not negligent. Compensation for medical expenses and rehabilitation is handled through either your third party claim or your own ICBC insurance. If you are unable to work as a result of the accident, you may obtain disability benefits from ICBC and compensation for wage loss from the responsible party. A Coquitlam personal injury lawyer can help you navigate these various avenues of compensation.

If you or the motorcycle operator believes that the accident occurred due to a defect with the motorcycle, speak to a personal injury lawyer with product liability experience immediately. In such a case, you should ask the motorcyclist not to have the motorcycle repaired until you are able to speak with a lawyer and have the bike professionally examined. Repairing the motorcycle can destroy the evidence of any defective condition.

Contacting a Personal Injury Lawyer in Coquitlam, Langley & Lower Mainland Region

If you or a family member has been injured as a passenger in a motorcycle accident – or if a fatality has resulted from the motorcycle accident – a personal injury lawyer can help you. You may be unsure about how the rules apply to you based on the accident you were involved in and the injuries you suffered. To increase the likelihood that your claim will succeed, get professional legal representation from a British Columbia personal injury lawyer. Spraggs & Co. Injury Lawyers are motorcycle accident lawyers who represent injured motorcycle passengers on a contingency fee arrangement. This arrangement ensures that injured people are not charged fees upfront and that your lawyer seeks the highest compensation available. Your injury lawyer will work on your side only on your case and not for the ICBC defence.

At Spraggs & Co., our motorcycle accident lawyers in Coquitlam are dedicated to aggressively defending your rights. We help you deal effectively with ICBC to ensure you obtain the most compensation to which you are entitled. We have successfully resolved motorcycle accident claims for clients in the Lower Mainland Region, including Coquitlam, Burnaby, Surrey and Langley. If retained, we will work hard to seek justice on your behalf. Contact Spraggs & Co. Injury Lawyers today for a free consultation.

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