Injured Motorcycle Passengers
While the driver of a larger vehicle may be able to walk away from a motorcycle collision without a scratch, motorcycle drivers and their passengers may not be so lucky. While drivers of passenger vehicles have a bumper and other metal structures that cushion some of the impact, people on a motorcycle have very little protection against the force of a collision. Motorcycle accidents may result in catastrophic injuries or a wrongful death. If you are an injured motorcycle passenger in Southern California, you may be able to sue either the other driver or the motorcyclist for damages with the assistance of a Los Angeles motorcycle accident lawyer at Sharifi Firm.Injured Motorcycle Passengers Have Legal Options
Many motorcycle accidents are the fault of another driver. As a motorcycle passenger, you may be able to recover damages from an at-fault driver of a car or truck by establishing their negligence. You will need to prove that it is more likely than not that the other driver failed to use reasonable care, and this failure caused your injuries. It may help to have the operator of the motorcycle as your witness to corroborate your version of events.
In some cases, however, the person operating the motorcycle on which a passenger was riding was partially or fully to blame. You may need to sue that person instead of or in addition to the driver of another vehicle. Some people feel uncomfortable suing someone with whom they are friends. Most often, however, actual recovery in a vehicle accident case is made against an insurance policy, rather than an individual's assets.
California courts follow the rule of joint and several liability only with regard to economic damages. This means that you may recover 100% of your economic damages from one party who was at fault, no matter how large or small that person's fault was. However, you may recover your noneconomic damages from a defendant only in an amount equal to their degree of fault for the accident.
For example, if the driver of a car was 50% at fault, the motorcycle operator was 50% at fault, and your noneconomic damages are $100,000 as an injured passenger, you may recover $50,000 from the car driver and $50,000 from the motorcycle operator. In the same situation, if your economic damages—that is, your medical bills, lost wages, and other concrete losses—are $200,000, you may recover the entire amount from one or the other. This rule may make a difference in situations in which one of the at-fault drivers is not insured or underinsured.Retain a Motorcycle Accident Lawyer in the Los Angeles Area
As a passenger riding on a motorcycle, it is unlikely that an insurer or attorney will blame you for the collision. However, it may still be challenging to recover the full scope of your damages, and it is likely that your injuries will be severe. At Sharifi Firm, APC, our experienced Los Angeles attorneys may be able to help you recover compensation if you are an injured motorcycle passenger. We can determine a suitable strategy to seek your damages and take an aggressive approach to gathering evidence for your case. Contact us online or call us at 1-866-422-7222 for a free consultation with a motor vehicle collision lawyer. Our firm also represents victims in Temecula, Riverside, Rancho Cucamonga, Glendale, Covina, and San Bernardino, as well as other Southern California cities.