What Are Your Rights as a Passenger in a Motorcycle Crash?

Throughout this past May, you may have seen reminders that May is Motorcycle Safety Awareness Month, a time when advocates, officials, and safety organizations raise awareness about how to prevent motorcycle crashes and injuries.

And we’ve been part of that conversation for years, encouraging both riders and drivers to share the road and follow safety precautions.

But to switch things up a bit, we want to reinforce the message for the entire season by focusing on one group that often gets overlooked in these conversations: motorcycle passengers.

If you’ve been injured while riding on the back of a motorcycle, you may be wondering: What are my rights? Who pays for my injuries? The answers aren’t always obvious, but they matter deeply to the passengers recovering after a devastating crash.

Let’s take a closer look at the risks motorcycle passengers face and what legal protections are available to them under Arizona law.

Motorcycle Passengers Face Serious Injury Risks

Arizona’s weather makes motorcycles a popular choice for commuting and recreation, but they come with serious risks. In 2023, the Arizona Department of Transportation reported 258 motorcyclists and passengers killed and 2,571 injured in crashes. Nationally, 6,218 motorcyclists died in traffic crashes, with 284 of those being passengers, according to data from the National Highway Traffic Safety Administration. And it’s a number that’s sadly on the rise.

Passengers often face a higher risk of traumatic injury in a crash compared to drivers. Why? For one, they may not be holding onto the handlebars or bracing for impact in the same way as the operator. They may also be more likely to be thrown from the motorcycle — and many aren’t wearing helmets.

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.

Head injuries — especially TBIs — are among the most serious outcomes of a motorcycle crash. They can result in permanent cognitive changes, physical disability, and emotional trauma. Passengers may also suffer broken bones, spinal injuries, internal bleeding, road rash, or worse.

What Are Your Legal Rights as a Passenger?

If you were injured as a passenger in a motorcycle crash in Arizona, you have the right to seek compensation, regardless of who was at fault.

Arizona follows a pure comparative negligence system. That means even if the motorcycle operator or another driver claims you were partly responsible (say, for not wearing a helmet), you can still recover compensation. Your award may be reduced based on your percentage of fault but you won’t be barred from recovering altogether.

Here’s how liability typically works:

If another driver caused the crash, their auto insurance is usually responsible for your medical bills and damages.
If the motorcycle operator was at fault, you may be able to file a claim through their insurance policy. This can be complicated emotionally if the driver is a friend or loved one, but it’s important to understand that you’re filing a claim against their insurance and not them personally.
If multiple parties were involved, an attorney can help identify all possible compensation sources, including drivers’ insurance policies and possibly your own underinsured/uninsured motorist coverage.

In Arizona, all motorcycle operators must carry minimum liability coverage, but it may not be enough to cover extensive medical bills. That’s why working with an attorney is critical so that no avenue of compensation is overlooked.

What Compensation Can Motorcycle Passengers Recover?

If you’ve been hurt, you may be eligible to recover compensation for:

Medical bills (past, current, and future)
Lost wages or earning potential
Pain and suffering
Emotional trauma or PTSD
Scarring or disfigurement
Loss of enjoyment of life

In certain cases, punitive damages may also be awarded if the at-fault party acted with extreme recklessness (such as driving under the influence).

What Should You Do After a Crash?

If you’re a motorcycle passenger injured in an accident, take these important steps:

Seek immediate medical attention. Even if you feel okay, symptoms of head injuries or internal trauma can appear later.
Get a copy of the police report. This will help establish the facts of the case.
Document your injuries and medical treatment.
Avoid giving statements to insurance companies without speaking to a lawyer first.
Contact an experienced personal injury attorney who understands Arizona motorcycle laws and can advocate for your rights.

Protecting Motorcycle Passengers in Arizona

We’ve seen firsthand how devastating motorcycle crashes can be, not just for the riders, but for the passengers who trusted them. During Motorcycle Safety Awareness Month (and beyond), we encourage everyone — riders and drivers alike — to be alert, be courteous, and above all, be safe.

If you or a loved one has been injured in an accident and you wish to discuss the specifics of your case, contact us today for a free consultation with an experienced personal injury lawyer at Bache Lynch Goldsmith & Mendoza.