Motorcycle passengers often don’t think twice about hopping on for a ride, but what if something goes wrong?
Throughout the month of May, you’ve likely seen reminders that it’s Motorcycle Safety Awareness Month. We’ve long supported those efforts, encouraging drivers to share the road and motorcyclists to take every precaution.
But to reinforce the message for the entire season, and to switch things up a bit, we want to focus on one group that often gets left out of the conversation: motorcycle passengers.
Picture this: You’re cruising down the road as a passenger on your friend’s motorcycle when, suddenly, a car swerves into your lane. The next thing you know, you’re sliding across the pavement. You’re in pain, confused and unsure what to do next.
In Louisiana, motorcycle passengers have rights and it’s important to understand how state laws and insurance rules apply if you’re ever hurt in a crash. Here’s what you need to know about your rights and options under Louisiana law.
Why Motorcycle Passengers Face Significant Risk
Motorcycle crashes are scary and serious, especially for passengers. In Louisiana alone, 97 motorcyclists were killed and more than 1,200 injury crashes involving motorcycles were reported in 2023 by The Louisiana Highway Safety Commission.
And while most stats focus on drivers, passengers are far from immune. In fact, nationally 6,218 motorcyclists died in traffic crashes, with 284 of those being passengers, according to data from the National Highway Traffic Safety Administration. Plus, studies show they’re even more susceptible to traumatic brain injuries than the operators themselves, often due to limited visibility, lack of control, and less protective gear.
In a 2017 study from the Indiana University School of Medicine of 86,000 motorcycle crashes involving both drivers and passengers, researchers found that 40% of passengers suffered traumatic brain injuries (TBIs), compared to 36% of drivers. One key reason? Only 57% of passengers wore helmets, while two-thirds of drivers did.
How Louisiana Laws Protect the Rights of Passengers
Louisiana is a comparative fault state. That means fault can be shared among multiple parties, including the motorcycle operator, another driver, or even you as a passenger (in rare cases).
Under Louisiana Civil Code article 2323, here’s how it works:
- A judge or jury assigns each party a percentage of fault
- Your compensation is reduced by your percentage of fault (if any)
- Each party is only financially responsible for their share of damages
Example: If a car caused the crash but the motorcycle operator was speeding, both may be assigned a percentage of blame. You can still recover damages but they’ll be divided accordingly between insurers.
And note, to further complicate matters, that civil code article will be changed effective January 1, 2026 to prohibit any recovery by a plaintiff who is 51% or more at fault.
Just like drivers, motorcycle passengers have legal rights, and that includes the right to seek compensation for:
- Medical expenses
- Lost income or missed work
- Pain and suffering
- Long-term rehabilitation needs
What to Do After a Motorcycle Accident
If you’re ever in a crash as a motorcycle passenger, these steps can protect your health and your claim:
- Get medical attention immediately, even if you don’t feel badly injured. Some injuries (especially head trauma) aren’t obvious at first.
- Document everything. Take photos of the accident scene, your injuries, and get contact info for all parties and witnesses.
- Report the crash to law enforcement and make sure a police report is filed.
- Keep records of medical visits, prescriptions, missed work, and insurance correspondence.
- Speak with a personal injury attorney before talking to insurance adjusters or signing any settlement offers.
Injured as a Passenger? We Can Help
Motorcycle accidents involving passengers can quickly become complicated especially when liability is shared, or insurance companies try to push for a quick (and low) settlement.
Being injured in a motorcycle crash as a passenger can leave you feeling stuck, caught between loyalty to the rider and a mountain of medical bills. But you don’t have to navigate this alone.
If you or a loved one has been injured in an accident and you wish to discuss the specifics of your case in a free consultation with an experienced personal injury lawyer, please contact us today.