Motorcycle Passenger Injury Claims

Answer:

Occasionally, I’m asked by clients, “If I’m a passenger on a motorcycle, can I recover for personal injuries in Virginia?” The simple answer to that question is yes. Now, the next question is who can you recover from? Frequently, people are under the impression that, because they’re on a motorcycle, they’re assuming the risk of all injuries from riding in a vehicle that doesn’t have a protective surrounding them, such as they would have in a car. With that being said, you do not assume the risk of injury by being a passenger on a motorcycle. Instead, the injury that you have sustained is only occurring because somebody has not operated the vehicle in a proper manner. When that occurs, you’re entitled to a full recovery, unless you knew the specific risk was going to occur.For example, if you’re riding on a vehicle where you know the operator is under the influence of alcohol or drunk driving, you might have an assumption of risk defense against you in that case. If that unusual circumstance does not occur in your accident case, there’s no reason, just because you’re the passenger on the motorcycle, that you should be barred from recovery for your injury claim.