When you've been in a motorcycle accident, it's possible that you'll face a legal situation with the other driver who was involved — especially if you've been injured and you believe that the driver's negligence was responsible. One legal hurdle that you might have to navigate is legal action from your passenger if he or she was injured. While it's probable that the passenger will hire an attorney to file suit against the other driver, too, you don't want to rule out that he or she may also target you. If this is the case, here are some ways to fight this suit.
State That You Provided The Necessary Safety Gear
A passenger on a motorcycle can be injured in many different ways, and these injuries are often more severe for someone who isn't wearing appropriate safety gear. A passenger may target the motorcyclist by saying that he or she didn't provide the appropriate safety gear, so you'll need to quickly refute such claims. Evidence from the scene, such as photos that you or a witness took, and electronic correspondence beforehand — for example, you texting the passenger and writing that you have all of the safety gear he or she will need to wear — can support your claim.
Explain How You Showed Proper Seating Techniques
One of the common injuries that a motorcycle passenger can get during an accident is burns to his or her legs from the bike's exhaust system. The passenger's attorneys may hold you partially liable by stating that the passenger didn't know how to sit in a manner that would limit this risk. You can refute such a claim by explaining in detail how you showed the passenger how to sit safely before you ever fired up the motorcycle. This should include a mention of how you taught the passenger how to situate his or her feet to keep them away from the exhaust.
Use The Passenger's Own Camera Footage
It's common for motorcyclists to wear action cameras on their helmets, and many riders will also ensure that their passenger is wearing a camera. The footage can be valuable when you're pursuing legal action against another motorist, as well as in the event of your passenger suing you. For example, the passenger's footage will show that you didn't do anything to put his or her at risk, and this footage alone may be enough to get the suit dismissed.
Contact a motorcycle accident attorney for more help.Share