Injured Motorcycle Passengers

When you are enjoying a motorcycle ride as a passenger, you expect motorists to respect your space and act in a reasonable fashion to avoid a collision. Unfortunately, many drivers are not respectful and make reckless choices that may lead to catastrophic, life-threatening injuries to passengers on a motorcycle. The Miami motorcycle accident attorneys at the Law Offices of Robert Dixon help injured motorcycle passengers pursue legal action against responsible parties. When a motorcyclist, another driver, or both were at fault for a crash, an injured passenger has a right to receive financial support for the harm that resulted. Our firm offers dedicated legal services to clients from the initial consultation until a resolution is reached. We help motorcycle accident victims throughout Miami-Dade, Broward, and Palm Beach Counties, including in Miami, and West Palm Beach.

Depending on the type of motorcycle accident, the other vehicles that were involved, the speeds traveled, and whether helmets were being worn, the severity of a motorcycle passenger’s injuries may range significantly. Under Florida law, riders are not required to wear helmets if they are 21 years or older and carry the proper insurance. Given this option, many passengers may choose to ride a motorcycle without head protection, which increases the potential of suffering a traumatic brain injury. Other serious injuries that may result from a motorcycle accident include broken bones, spinal cord injuries or paralysis, lacerations, or road rash. Motorcyclists are also required to take certain courses and obtain a proper motorcycle license to ride in the state of Florida. People who fail to receive proper training may pose a danger to passengers who ride with them.

Motorcycle crashes may result from negligent acts by another driver or by the motorcyclist. Passengers injured as a result of another person’s negligence may pursue compensation by filing a personal injury claim against any responsible defendants. To show negligence, a passenger, or plaintiff, must establish that they were owed a duty of care, and that duty was breached by the defendant’s actions. All drivers owe other motorists and road users, including motorcycle passengers, a duty to act as a reasonable and prudent individual would act when given a similar set of circumstances. For example, a driver who fails to check for oncoming motorcycles when changing lanes or a motorcyclist who weaves in and out of traffic may be viewed as unreasonable. An injured motorcycle passenger must also show that the negligent act was the cause of their injuries, and damages occurred.

In Florida, more than one negligent party may be responsible for the financial impact of a victim’s injuries. Even if a passenger is found partially liable, such as by failing to wear a helmet or the proper eyewear, they may still recover compensation from other at-fault parties in proportion to each party’s degree of fault. Damages that may be awarded to an injured motorcycle passenger frequently include past and future medical costs, loss of income and earning capacity, and pain and suffering. If a fatality has occurred, family members of the deceased person may file a wrongful death claim to seek compensation for burial and funeral expenses as well as loss of consortium. It is important to contact a personal injury attorney who can help assess the cause of an accident and make sure that a claim is filed in a timely manner. For personal injury claims, Florida allows filing within four years from the date of the accident, and wrongful death cases must be filed within two years from the date of a victim’s death.

If you were injured as a motorcycle passenger, the motor vehicle collisions at the Law Offices of Robert Dixon can help you determine your next legal steps. Call 877.499.4878 or contact us online for a free, no-obligation consultation with a Miami attorney at our firm to discuss your claim and find out more about our services.