Can a Motorcycle Passenger Sue for Injuries?

 Posted on April 25, 2025 in Personal Injury

Riding on the back of a motorcycle can be exhilarating — but it also comes with serious risks. When a crash happens, motorcycle passengers are often the most vulnerable people on the road. If you were injured while riding as a passenger, you may be wondering whether you can take legal action — and who should be held responsible.

The short answer is: Yes, sometimes motorcycle crash victims in Illinois can sue for their injuries. In fact, they often have a stronger legal case than the driver. Our Illinois personal injury lawyers can help you determine whether you want to take action.

Who Can Be Held Liable for a Motorcycle Passenger’s Injuries?

Under Illinois law, injured passengers can file personal injury claims against any party whose negligence caused the crash. This may include:

• The driver of another vehicle who collided with the motorcycle
• The motorcycle driver, if they were speeding, distracted, or driving recklessly
• A government entity, if poor road conditions or defective traffic signals contributed to the crash
• The manufacturer of the motorcycle or helmet, if a defect caused or worsened the injury

Passengers are rarely — if ever — considered at fault for a motorcycle accident, which means they can typically pursue full compensation for medical bills, lost wages, pain and suffering, and long-term care costs.

What If a Passenger is Killed in a Motorcycle Crash?

If a passenger is killed in a motorcycle accident, their surviving family members may have the right to file a wrongful death lawsuit. This type of claim can seek compensation for:

• Funeral and burial expenses
• Medical costs related to the injury prior to death
• Loss of companionship, guidance, or support
• Loss of future financial contributions from the deceased

A wrongful death lawsuit can be filed whether the motorcycle driver or another motorist caused the crash. In cases where the motorcycle operator was at fault, it is still possible to pursue a claim, even if they were a friend or family member of the victim. These cases are not necessarily about assigning blame; they are about ensuring the surviving family is not left with financial devastation.

What Should You Do After a Motorcycle Passenger Injury?

If you were injured while riding as a passenger, your first priority should be medical care. Once you are stable, it is essential to speak with a personal injury lawyer as soon as possible. Evidence can disappear quickly, and insurance companies may try to shift blame or minimize your injuries.

An experienced attorney will investigate the crash, gather documentation, and deal directly with the insurance companies so you can focus on healing.

Contact a Naperville Motorcycle Accident Lawyer for a Free Consultation

If you or someone you love was injured as a motorcycle passenger, you deserve answers — and real results. At Rathbun, Cservenyak & Kozol LLC, our DuPage County, IL personal injury lawyer has helped clients recover millions of dollars in verdicts and settlements. We are proud to be the largest and most diverse personal injury law firm in Will County, and we are ready to fight for you.

Call 815-730-1977 today to schedule your free consultation and learn how we can help you pursue the compensation you deserve.