Motorcycles don’t offer much protection in a crash, and motorcycle passengers are often at greater risk than the motorcyclist. In 2023, the Insurance Institute of Highway Safety (IIHS) reported that 310 motorcycle passengers were killed in motorcycle crashes, with the majority being unhelmeted female passengers.
If you were injured while riding on the back of a motorcycle, you may be dealing with medical bills, missed work, and a long physical recovery. But since you weren’t operating the motorcycle, who’s responsible for covering those costs?
You may not even know who can be held responsible, and now you’re stuck dealing with hospital bills, missed work, and uncertainty. Was it the rider’s error, the other driver’s carelessness, or both?
Read on to learn how fault is determined, what insurance policies apply, and how an experienced Miami motorcycle accident lawyer can help you seek maximum compensation.
Why Passengers Are at an Increased Risk
Motorcyclists are already five times more likely to be injured in a crash than people in enclosed vehicles. For passengers, that risk is even higher due to the following:
- They may not have a properly fitted helmet, or one at all
- Some bikes aren’t designed for a second rider, making it easier to lose balance or fall
- Passengers often have less awareness of what’s happening on the road
- They rely entirely on the driver’s skill, decisions, and ability to avoid danger
In 2023, only 49% of fatally injured passengers were wearing helmets at the time of the crash, compared to 64% of motorcycle operators. That gap highlights how often passengers ride without basic protection, putting them at higher risk of serious injury or death in a crash.
Who Might Be Financially Responsible for a Motorcycle Passenger’s Injuries?
Liability for your injuries depends on who caused the collision. Possible at-fault parties might include:
| At-Fault Party | When They Might Be at Fault | Example Scenario |
| Motorcycle Operator | Riding too fast, making unsafe lane changes, or carrying a passenger unsafely. | The person driving your motorcycle took a sharp turn too quickly, and you were thrown from the bike. |
| Driver of Another Vehicle | Fails to yield, runs a red light, or drives distracted.
|
Another driver ignored a stop sign and hit the motorcycle while you were riding on the back. |
In some cases, more than one party may be liable for your injuries. For instance, if the motorcycle operator was speeding and the other driver failed to yield, both could share responsibility for the crash.
A skilled motorcycle crash lawyer can investigate what happened to determine who is liable and how to pursue compensation.
How Crash Investigators Determine Fault in Motorcycle Collisions
Figuring out who caused the crash is crucial to getting your costs covered. To do that, investigators rely on several types of evidence:
- Police Reports and Diagrams: These documents capture officer observations, traffic violations, and basic crash details.
- Witness Statements: Neutral accounts from people nearby can help confirm or challenge the story given by the driver who struck you.
- Video Footage: Traffic cameras, dashcams, or nearby security cameras can show how the crash unfolded in real time.
- Photos from the Scene: Images of vehicle damage, skid marks, and road layout help reconstruct the course of the impact.
Each piece of evidence helps build a fuller picture of what went wrong and who should be held accountable.
Who Pays for Your Damages?
Florida uses a comparative fault system for motorcycle accident claims. This means that when more than one person is responsible for a crash, each person pays their share based on how much they contributed to the accident.
Since motorcycle passengers are often injured through no fault of their own, they can usually recover damages from the responsible party’s insurance—or if multiple parties are at fault, from all responsible parties.
- Example Scenario: You’re riding on the back of a friend’s motorcycle when another driver suddenly changes lanes and crashes into you. After an investigation, insurers determine that your friend was lane splitting at the time, but the other driver failed to check their blind spot before moving over.
In this situation:
- You incur $100,000 in medical bills and related costs
- The motorcyclist you were riding with is found to be 30% responsible
- The other driver is assigned 70%
You may be able to recover:
- $30,000 from the motorcyclist
- $70,000 from the other driver
How much each party pays will depend on the circumstances of the crash and the amount of insurance coverage available.
What Insurance Coverage Is Available for Passengers?
Florida requires drivers to carry two types of auto insurance:
- $10,000 in Personal Injury Protection (PIP) to cover their own medical bills in a crash, regardless of who was at fault
- $10,000 in Property Damage Liability (PDL) to pay for damage they cause to someone else’s vehicle or property
But these rules don’t apply the same way to motorcycles.
- PIP coverage does not apply to motorcycle crashes, even if the rider has a PIP policy on a car.
- Most drivers in Florida don’t carry bodily injury liability (BIL) coverage, which would pay for a passenger’s injuries.
That means if you’re a passenger injured on a motorcycle, and the at-fault party doesn’t have BIL coverage or doesn’t have enough, you may need to explore other options to get your medical bills covered, including:
- Filing a claim through your own uninsured or underinsured motorist coverage
- Using MedPay benefits, if available under your or the motorcyclist’s policy
- Filing a lawsuit against the person who caused the crash
These claims can become complicated, especially when multiple insurers are involved. An experienced motorcycle accident attorney in Miami can help you sort through the options and pursue the compensation you’re entitled to.
Get the Compensation You Need After a Motorcycle Accident
Being injured as a motorcycle passenger often means relying on other people’s insurance to cover your care. When liability is unclear, or more than one driver is involved, we can help investigate the crash and hold the right parties accountable.
Attorney Scott Aigen has secured numerous high-settlement verdicts for injured clients. He knows how to uncover the facts, prove fault, and fight for full compensation, including future medical care, lost wages, and pain and suffering.
Motorcycle accidents are serious; you need a lawyer who takes them just as seriously. Don’t let the insurance companies call the shots. Choose an attorney who can fight back and level the playing field. Contact Aigen Injury Law today for a free consultation.