Motorcycle rides can be thrilling, but passengers are often at a higher risk of serious injury when accidents happen. If you were injured while riding as a passenger on a motorcycle in California, you may be wondering whether you can sue the driver and if so, which driver: the motorcyclist, another vehicle, or both. This guide will explain your legal rights as a motorcycle passenger in California, who you can sue, and what compensation you might recover.
Understanding Liability for Motorcycle Passenger Injuries
California is an at-fault state for motor vehicle accidents and this means the person or party who caused the crash is responsible for paying damages to those injured. Motorcycle passengers rarely share fault in accidents, which gives them a strong basis for pursuing compensation.
Depending on the circumstances, one or more of the following parties may be liable for your injuries:
- The motorcycle operator- if they were speeding, impaired, or engaging in reckless behavior such as lane splitting unsafely or running red lights.
- Another driver- if a car, truck, or rideshare driver caused the accident through negligence, such as distracted driving or failing to yield.
- Multiple drivers- in some crashes, both the motorcycle operator and another vehicle share liability.
- A third party- such as a vehicle manufacturer (defective brakes or tires), or a government agency responsible for unsafe road conditions.
Can You Sue the Motorcycle Driver?
If the motorcycle operator’s negligence caused the accident, you can sue them even if they are a friend or family member. However in these cases, the claim is usually filed against the driver’s insurance policy, not the individual personally. Common forms of motorcycle operator negligence include acts such as:
- Speeding or weaving through traffic
- Riding under the influence of alcohol or drugs
- Failing to maintain control of the bike
- Carrying passengers without proper safety gear
- Violating traffic signals or lane-splitting laws
In California, the motorcycle operator is legally required to carry minimum liability insurance that can compensate injured passengers for medical expenses, lost wages, and pain and suffering.
Can You Sue Another Driver?
In the event that another driver caused the accident, you can sue that driver for your injuries. Under California Vehicle Code § 21760, motorists are required to share the road responsibly and exercise caution when near motorcycles. Failing to do so may constitute negligence and the driver can be held liable for their actions.
What If Both Drivers Are at Fault?
California follows a pure comparative negligence system under Civil Code § 1714, meaning that in the event where there are multiple at-fault parties, liability can be divided among multiple parties. Even if both the motorcycle driver and another motorist share responsibility, you can still recover damages, however the amount may be reduced based on each party’s percentage of fault.
What Damages Can a Motorcycle Passenger Recover?
Motorcycle passengers who are injured due to another’s negligence may be entitled to compensation for both economic and non-economic losses, including:
- Medical expenses
- Lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress or PTSD
- Loss of enjoyment of life
- Permanent disability or disfigurement
If a fatal motorcycle crash occurs, surviving family members may also file a wrongful death claim under California Code of Civil Procedure § 377.60 to recover funeral costs, loss of companionship, and financial support.
How Long Do You Have to File a Lawsuit in California?
Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the accident to file a personal injury claim. However, exceptions may apply if:
- The at-fault party is a government entity (you must file an administrative claim within 6 months).
- You were a minor at the time of the crash.
- The injury was discovered later (delayed discovery rule).
Missing this deadline can permanently bar your right to compensation, so it’s essential to act quickly.
What to Do After a Motorcycle Passenger Injury
If you were injured as a passenger, take the following steps to protect your health and your legal rights:
- Seek medical attention immediately, even if you think you’re fine. Some injuries (like head trauma or internal bleeding) may not show symptoms right away.
- Report the accident to law enforcement and ensure a police report is filed.
- Gather evidence, including photos of the scene, vehicle damage, and witness information.
- Avoid speaking to insurance adjusters without legal representation.
- Consult an experienced personal injury lawyer as soon as possible to discuss your case and file your claim before the statute of limitations expires.
Contact a California Motorcycle Accident Lawyer
Being injured as a motorcycle passenger can be devastating, physically, emotionally, and financially. Fortunately, California law protects your right to pursue compensation from negligent drivers. At Frank Penney Injury Lawyers, our team of motorcycle accident lawyers can help process your claim and get you the compensation and justice you rightfully deserve.
With decades of experience and passion for fighting for people’s rights, our team of attorneys make it their mission to get you on the path of recovery. Don’t face the aftermath alone.
Call us today at 888-888-0566 or by filling out our online contact form for a free case consultation.