When a person suffers an injury through no fault of their own, but due to someone else’s careless, reckless, or wrongful actions, they have a right to seek compensation for their losses from the responsible party. A motorcycle passenger is never at fault in a motorcycle accident in Missouri under the state’s pure comparative negligence system. This system assigns a percentage of fault to all involved in an accident, ranging from 0 to 100%. As an injured passenger rather than an operator or driver, the injury victim has a right to full compensation for their damages after a Missouri motorcycle accident. A St. Louis motorcycle accident attorney can help you understand your rights.
What Causes Most Missouri Motorcycle Accidents?
Motorcycle operators must follow traffic laws and practice due diligence; however, even the most careful motorcyclist can fall victim to a careless or reckless driver, hazardous road conditions, or defective motorcycle parts. A motorcycle passenger has no control over the motorcycle or the negligent actions of the drivers sharing the roadway. The most common causes of motorcycle accidents in Missouri include the following:
- Speeding drivers
- Distracted drivers
- Drivers who fail to yield the right of way to a motorcycle
- Aggressive drivers
- Impaired drivers
- Motorcycle operator exceeding the speed limit, driving aggressively, or driving recklessly
- Impaired motorcyclist
In some cases, other entities may cause a motorcycle accident that injures a passenger. Examples include the manufacturer of a defective motorcycle part or a negligent road maintenance agency that fails to address a dangerous pothole or an obstructed traffic sign.
Who May Be Held Liable In a Missouri Motorcycle Passenger Injury Claim?
Under Missouri’s pure comparative negligence system, an injury victim can recover compensation even if they are partly at fault for their accident. The insurance company subtracts the injury victim’s percentage of fault from their compensation. As a passenger, an injury victim cannot be held liable or partly liable for any damages. Instead, an investigation into the cause of the accident could reveal the liable party as one of the following:
- An at-fault driver
- The motorcycle operator
- A city road maintenance or road construction agency
- The manufacturer of a defective part
- A negligent motorcycle repair shop
A motorcycle injury victim has the burden of proving fault and liability to recover compensation, even if they were a passenger and not an operator.
Recovering Compensation In a Motorcycle Passenger Injury Claim
Motorcyclists and their passengers have little protection in a crash. Although helmets help prevent death, motorcyclists are subject to severe injuries through direct contact with the road, a vehicle, or obstacles during a crash, often resulting in severe or catastrophic injuries. A successful claim for motorcycle passenger injury damages recovers compensation for damages such as the following:
- Reimbursement for medical expenses
- Future medical expenses
- Lost income
- Future income loss/diminished future earning ability
- Compensation for pain and suffering
Depending on the unique circumstances of the accident and the severity of the injuries, an injured motorcycle passenger could recover additional compensation for catastrophic injuries such as loss of limb, the loss of one of the senses, the loss of an organ, severe scarring or disfigurement, or diminished quality of life due to disability. If a loved one died from their injuries as a passenger in a motorcycle accident, the closest surviving family member may recover compensation through a St. Louis wrongful death claim against the responsible party.