Can I Sue as a Passenger in a Kentucky Motorcycle Accident?

You can sue as a passenger in a Kentucky motorcycle accident and hold the party that caused the accident accountable for the losses you have. Motorcycle accidents can cause serious injuries and losses for both riders.

When you are facing those financial implications, and someone else caused those losses, you have the right to seek fair compensation.

There are several factors to keep in mind as you seek to sue the at-fault party for the injuries and losses you have in a Kentucky motorcycle accident. Be sure to consult a Lexington motorcycle accident lawyer about your case.

Who You Sue Matters in a Kentucky Motorcycle Accident

To determine who you can seek fair compensation from, you must have information about what occurred and who caused the incident. Determining who you sue is dependent on the evidence available, and it may be more than one person who is at fault.

First, consider what the police and insurance company say about who caused the accident and, therefore, who is responsible. There are some situations where just the rider or just the other driver caused the accident. In those situations, you can seek out legal action against the at-fault party.

The complications can happen when more than one party is to blame for an accident. This is not uncommon in motorcycle accident cases, but it can make filing a claim more challenging.

Consider the following examples of how others may be responsible:

• The driver who struck the motorcycle you are on may be responsible if they were distracted or driving recklessly
• The motorcycle operator may be responsible if they lost control of the bike and caused the accident
• If the road conditions were poor, such as grass clippings were present or the road was uneven, the property owner may be responsible for your injuries if that caused the incident
• If the bike malfunctioned due to a service technician’s mistake, that technician could be held accountable for the losses you have
• In situations where the bike has a manufacturing defect or design error, that party could be held accountable

You can see, there is a long list of potential parties that could be responsible for what happened to you.

Can a Motorcycle Passenger Be Responsible for a Motorcycle Accident?

There are some situations where the motorcycle passenger could be held accountable, at least in part, for the accident, and therefore for their own injuries.

For example, if you are hurt in an accident caused by the operator but failed to strap yourself in, wear protective gear, or wear a helmet, you may be responsible for some of your injuries. Notably, state laws related to motorcycle helmets and safety gear play a role in this.

In Kentucky, if you are found to be partially at fault for your injuries, you can still seek a claim against the at-fault party, but the value of your claim will be reduced by the percentage of fault attributed to your actions or inactions.

Hiring Your Own Attorney Makes Sense

If you are a passenger on a motorcycle and anyone causes an accident that leads to significant injury and losses for you, hire your own attorney to represent you in the matter.

Contact us at Gary C. Johnson P.S.C. to set up a free consultation to discuss your case with your attorney to find out who is at fault and who should pay for your losses.