Motorcycle Passenger Injury Claims: What Are Your Options?

Riding as a passenger on a motorcycle may seem like a simple way to enjoy the open road without taking the handlebars yourself. But when an accident happens, motorcycle passengers are often the most vulnerable people involved. Unlike car passengers, they have little to shield them from the impact. A helmet and protective clothing can help, but injuries are still common and frequently severe.

In Nevada, motorcycle passengers who are injured in a crash have a right to seek compensation, just like drivers. But many passengers are unsure who to hold responsible, what types of claims they can file, or whether they need to prove fault at all. Depending on the circumstances, a passenger may be able to pursue a claim against the motorcycle operator, another driver, a vehicle manufacturer, or even a government agency.

Understanding your options as an injured passenger is essential if you want to recover compensation for medical expenses, lost wages, and pain and suffering.

Why Motorcycle Passengers Face a Higher Risk of Injury

Motorcycles provide very little protection in the event of a collision. While both riders and passengers are exposed to injury, passengers often experience greater risk for several reasons:

• They have no control over the vehicle or decisions made by the rider
• They may be less experienced or physically prepared for sudden movements
• Many motorcycle passengers are thrown from the vehicle during impact
• In multi-vehicle crashes, passengers are often struck by more than one object or surface

According to the National Highway Traffic Safety Administration (NHTSA), passengers accounted for approximately 5 percent of motorcycle fatalities in 2023.

Even in non-fatal crashes, the injuries can be catastrophic and may include:

• Traumatic brain injuries (TBIs)
• Spinal cord damage
• Broken bones or fractures
• Internal bleeding
• Severe road rash
• Disfigurement or amputation

Injured passengers often face months of medical care, time off work, and long-term physical and emotional trauma.

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Who Can a Motorcycle Passenger Sue After a Crash?

In Nevada, motorcycle passengers have the same rights as any other injured party. You do not need to prove that you were not at fault for the accident. You may be able to file a personal injury claim against one or more of the following parties:

1. The Motorcycle Operator: If the person driving the motorcycle was speeding, distracted, intoxicated, or failed to exercise reasonable care, they may be held liable. This includes cases where:

• The rider took a curve too fast and lost control
• The motorcycle was operated recklessly
• The rider failed to respond appropriately to road hazards

Even if the rider is a friend, family member, or romantic partner, you are still entitled to seek compensation through their insurance. Filing a claim does not necessarily mean suing them personally. In many cases, their liability coverage handles the claim.

2. Another Driver: If the crash was caused by a car or truck driver, you may file a claim against their insurance provider. Common causes of driver-related motorcycle crashes include:

• Failing to yield to motorcycles
• Changing lanes without checking blind spots
• Distracted driving
• Following too closely
• Running a red light or stop sign

If liability is clear, your attorney can pursue a third-party claim or lawsuit to recover damages.
3. Both Drivers (Shared Liability): Nevada follows a modified comparative negligence system. This means that if both the motorcycle rider and another driver were partially at fault, you may be able to recover compensation from both parties in proportion to their share of liability. Because passengers are rarely assigned fault, you may be eligible for full compensation, regardless of who caused the crash.

4. A Government Entity: If dangerous road conditions—such as potholes, loose gravel, poor signage, or defective barriers—contributed to the accident, the agency responsible for maintaining the roadway may be liable.

Claims against cities, counties, or the Nevada Department of Transportation must follow specific procedures, including providing notice within specific time frames.

5. Motorcycle or Equipment Manufacturers: If the crash occurred due to a defect in the motorcycle itself—such as faulty brakes, steering, or tires—you may be able to file a product liability claim against the manufacturer, distributor, or seller. In these cases, your attorney may work with mechanical experts to inspect the bike and determine whether a defect contributed to the crash.

What Types of Compensation Are Available?

As an injured passenger, you may be entitled to compensation for both economic and non-economic damages, including:

• Emergency medical care
• Hospitalization and surgery
• Physical therapy and rehabilitation
• Prescription medications and assistive devices
• Lost wages and future loss of earnings
• Pain and suffering
• Emotional distress or PTSD
• Disfigurement or scarring
• Loss of enjoyment of life

In fatal crashes, surviving family members may also pursue a wrongful death claim to cover funeral costs and loss of companionship.

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What If the Motorcycle Rider Is a Close Friend or Family Member?

It is not uncommon for motorcycle passengers to feel hesitant about filing a claim when the rider is someone they know personally. They may worry about causing conflict or financial hardship.

However, it is important to understand that:

• You are filing a claim against the insurance policy, not the individual
• Liability coverage exists specifically to protect accident victims and cover medical bills, not to punish the rider
• If you do not file a claim, you may be left to cover expensive medical care and other losses on your own

Even if the rider feels guilty or accepts blame, insurance companies will not offer compensation unless a formal claim is made. Your financial recovery should not come at the expense of your health or future.

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Do You Need a Lawyer for a Passenger Injury Claim?

Yes. Motorcycle accident claims involving passengers can be complex, especially when multiple drivers are involved or insurance companies are trying to minimize payouts. A skilled Nevada personal injury attorney can help by:

• Investigating the crash and identifying all liable parties
• Reviewing police reports and accident reconstruction evidence
• Communicating with insurance adjusters
• Calculating your total damages
• Handling all paperwork and legal procedures
• Representing you in settlement negotiations or court

Insurance companies often try to delay or deny claims filed by passengers, arguing that they assumed the risk or contributed to the accident. An attorney ensures that your rights are protected throughout the process.

What to Do After a Motorcycle Passenger Injury

If you were injured while riding as a passenger on a motorcycle in Nevada, taking the right steps can strengthen your case:

1. Seek medical attention immediately, even for minor symptoms
2. Call 911 and request a police report
3. Get contact information from all involved drivers and witnesses
4. Take photos of the scene, vehicles, injuries, and road conditions
5. Do not give recorded statements to insurance companies without legal counsel
6. Request a copy of your insurance policy to review possible coverage
7. Contact a Nevada motorcycle accident attorney as soon as possible

Preserving evidence and beginning your claim early can significantly improve your chances of a successful recovery.

How Van Law Firm Can Help

Van Law Firm has extensive experience representing injured motorcycle passengers in Las Vegas, Reno, Henderson, and throughout Nevada. Our legal team understands the nuances of liability, insurance coverage, and medical evidence in these complex cases.

We will:

• Investigate the crash thoroughly
• Identify every possible source of compensation
• Handle negotiations with all insurers involved
• Consult with medical and accident reconstruction experts
• Fight for full and fair compensation on your behalf

Whether you were injured by another vehicle, a negligent rider, or a defective motorcycle, we will hold the responsible parties accountable.

No Fees Unless We Win

Van Law Firm works on a contingency fee basis. You pay nothing upfront, and we only get paid if we recover compensation for you.

We also offer free consultations, so you can learn your rights and explore your options without any risk or obligation.

If you were injured while riding as a motorcycle passenger in Nevada, do not wait to take action. You may have the right to significant compensation, but deadlines and insurance tactics can stand in your way without legal support.