Hurt as a Motorcycle Passenger? Get Clear Answers Before You Decide Next Steps.

A motorcycle passenger injury lawyer helps a hurt passenger, or a family that lost a passenger, pursue a claim for harm caused by a crash. Colvin Accident Lawyers is based in Bakersfield, California, and represents accident victims and families in Kern County and nearby communities.

What a Motorcycle Passenger Injury Claim Covers and Who It Is For

A passenger injury claim is brought by a person hurt while riding behind the driver. It can also be brought by family members when a passenger dies in the crash.

Passengers don’t control the braking, steering, or route. That matters because fault is examined by looking at what each driver did before the crash.

The firm handles motorcycle cases alongside car, truck, bus, premises liability, catastrophic injury, and wrongful death cases. If you rode as a passenger or lost someone in a motorcycle crash, Colvin Accident Lawyers can talk with you about your options.

Who May Be Liable When a Passenger Is Hurt

Several people or groups may be responsible, depending on how the crash happened. Under California’s general negligence rule, a person who causes injury through a lack of ordinary care can be held responsible (Civil Code § 1714).

Possible responsible parties include:

• The rider, if careless riding caused the crash.
• Another driver who turned across the bike’s path, followed too closely, or failed to yield.
• Who may be responsible for a truck or bus accident depends on the facts, including who owned or operated the vehicle and how it was being used at the time.
• A property owner or public agency, when a road or property hazard contributed.

Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury incurred, and that either a negligent or wrongful act or omission of a public employee within the scope of employment created the dangerous condition, or the public entity had actual or constructive notice of the dangerous condition a sufficient time before the injury to have taken measures to protect against it (Government Code § 835). A claim against a public entity for death or for injury to a person, to personal property or to growing crops must be presented not later than six months after the accrual of the cause of action; a claim on any other cause of action must be presented not later than one year after it accrues (Government Code § 911.2). Missing that date can seriously harm the claim.

Identifying every responsible party also shows which insurance policies may pay.

Common Injuries Motorcycle Passengers Suffer

Passengers often suffer head, spine, bone, and internal injuries. A systematic review of motorcycle injuries notes that crash dynamics and passenger position can affect injury patterns.

• Head injuries, including concussions and traumatic brain injuries, which may not show fully at the scene.
• Spinal cord and back injuries that can affect movement and long-term function.
• Broken bones, including leg, arm, hip, and pelvic fractures.
• Road rash and burns from contact with pavement or the bike.
• Internal injuries, such as organ damage or bleeding, which can show symptoms later.
• Catastrophic injuries and amputations that often need lifelong care.

Get medical care promptly and keep every record. Medical records help link each injury to the crash, so save every appointment, bill, and discharge paper.

How California Fault and Helmet Rules Affect a Passenger’s Claim

An injured person’s own fault reduces recovery, but it does not erase the claim.

Helmet rules also apply. A driver and any passenger must wear a safety helmet that meets legal standards when riding on a motorcycle (Vehicle Code § 27803). The Insurance Institute for Highway Safety reports that California requires all motorcycle riders, including passengers, to wear helmets.

Insurers may point to helmet use or other conduct to argue for a smaller share of fault. Evidence answers that argument. Police reports, scene photos, vehicle damage, witness statements, and camera footage all matter. Before giving a recorded statement to an insurer, talk with a lawyer first.

What a Passenger Injury Claim Can Include

Cal. Civ. Code § 1431.2 distinguishes economic damages, which are objectively verifiable monetary losses, from non-economic damages, which are subjective, non-monetary losses. Economic damages are objectively verifiable monetary losses, such as medical expenses, loss of earnings, and burial costs. Non-economic damages are subjective losses, such as pain, suffering, emotional distress, and loss of companionship (Civil Code § 1431.2).

For breach of an obligation not from a contract, damages aim to compensate for all detriment proximately caused (Civil Code § 3333). A passenger claim may include:

• Medical bills, including emergency care, surgery, rehabilitation, and future care a doctor can document.
• Lost income and lost ability to earn in the future.
• Pain, suffering, and loss of enjoyment of life.

Under California’s several liability rule, each defendant pays non-economic damages in direct proportion to its own share of fault (Civil Code § 1431.2).

For families, Code of Civil Procedure § 377.60 lists who may bring a wrongful death claim, including a surviving spouse, children, and certain dependent relatives. No lawyer can predict the value of a specific claim in advance.

What to Expect: Step-by-Step Process and Timeline

The process starts with a consultation. It then moves through investigation, insurer contact, negotiation, and, if needed, a lawsuit.

1. Consultation. Review the crash, your injuries, and any police report.
2. Investigation. Gather police reports, medical records, photos, witness details, and insurance information for each party.
3. Insurance contact. The firm handles communication with insurers and presents your damages in writing.
4. Negotiation or filing. The claim is presented for settlement. If a fair resolution isn’t reached, a lawsuit can be filed.

California generally sets a two-year limit for personal injury and death lawsuits (Code of Civil Procedure § 335.1). The California Courts Self-Help Guide notes that exceptions and tolling can apply. Public agency claims carry the shorter six-month presentation deadline, so early contact protects your timeline.

Why Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. The firm serves Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Donald Norman Colvin is the responsible lawyer for this site. Our lawyers and support staff handle motorcycle, car, truck, bus, and wrongful death cases. Our team can also help you organize medical records, police reports, and insurance letters.

The first consultation is free and confidential, with no obligation to continue. In that meeting, we can review how the law applies to your crash and answer your questions.

Questions Motorcycle Passengers Ask Before Calling a Lawyer

If you were riding behind the driver and got hurt, or you lost someone in a motorcycle crash, contact Colvin Accident Lawyers now. We can review your crash and the deadlines that may apply to you.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.