If you were riding as a passenger on a motorcycle when an accident occurred, you may be wondering whether you have any legal recourse for your injuries. The short answer is yes—motorcycle passengers have the right to file injury claims in Kansas City and seek compensation for their losses. The path to compensation depends on several factors, including who caused the accident and the severity of your injuries.
Legal Options for Injured Motorcycle Passengers in Kansas City
Missouri and Kansas handle motorcycle accident claims very differently. Missouri operates as a fault state, meaning the person responsible for causing the accident is also responsible for paying damages. If you are injured in Missouri, you will typically file a claim against the at-fault party’s insurance.
Kansas, on the other hand, follows a no-fault system. This means personal injury protection (PIP) coverage is the first line of compensation, regardless of who caused the crash. PIP benefits cover non-family and non-household passengers, unless those passengers have a PIP policy. In this case, they will file a claim under their own coverage.
Kansas law does allow you to step outside the no-fault system and pursue a liability claim if you meet certain criteria. You may file a claim against the at-fault party if your accident-related medical bills total $2,000 or more, or if your injuries qualify as serious under state guidelines. Kansas defines serious injuries as:
- Permanent disfigurement
- Fracture of a weight-bearing bone
- Compound or displaced fracture of any bone
- Permanent injury
- Permanent loss of a body function
Who Is Liable for a Passenger’s Injuries in a Motorcycle Accident?
Determining liability in a motorcycle passenger injury case often involves examining the actions of multiple parties. In many cases, the motorcycle operator may bear some or all of the responsibility, especially if they were speeding, driving recklessly, or operating under the influence. However, passengers can also pursue claims against the driver of another vehicle if that person’s negligence contributed to the crash.
In some situations, liability may extend beyond the drivers involved. A municipality could be responsible if poor road conditions or inadequate signage played a role in the accident. Similarly, a motorcycle manufacturer or parts supplier might face liability if a defective component caused or worsened the collision. An attorney handling motorcycle crashes in Kansas City can investigate all potential sources of compensation to maximize your recovery.
Injured in a Motorcycle Accident?
Seek Legal Help From a Kansas City Motorcycle Accident Attorney
Challenges Passengers May Face During the Claims Process
Filing a claim as a motorcycle passenger comes with its own set of obstacles. Because you were not in control of either vehicle, you may find yourself caught between competing insurance companies, each trying to shift blame onto the other party.
For example, the motorcycle operator’s insurer might deny your claim entirely, arguing that the other driver caused the crash and that you should seek compensation from that party instead. Meanwhile, the other driver’s insurer could take the opposite position, insisting the motorcyclist was at fault and directing you back to their policy. This back-and-forth can leave you stuck in limbo. An attorney can navigate these disputes on your behalf, holding the responsible parties accountable so you can focus on your recovery.
Get Legal Guidance on Your Motorcycle Passenger Injury Claim
Navigating a motorcycle accident claim as a passenger involves unique challenges that require experienced legal guidance. A Kansas City motorcycle accident attorney can help you identify all liable parties and fight for the full compensation you deserve. Contact an attorney today to discuss your case and start your legal journey.