Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.
If you were injured in a crash while you were a passenger on a motorcycle, you could be entitled to compensation for what you’ve suffered. A Greenville motorcycle passenger injury attorney at The Melonakos Law Firm can help you by gathering evidence through a thorough investigation, determining ongoing and future losses, and pursuing insurance claims or a lawsuit to fight for the maximum compensation you deserve.
Contact our firm for a free case evaluation with a Greenville motorcycle accident lawyer to discuss your next steps and how we can guide you through them.
Can You File a Claim When the Motorcycle Rider Is a Friend or Family Member?
A motorcycle passenger who gets hurt in an accident can file a claim even when a family member or friend operated the motorcycle. Under South Carolina’s at-fault system for auto accident injury claims, all passengers get treated the same regardless of their relationship to the motor vehicle operator. If a motorcycle operator caused a crash, their passenger can pursue a claim against them for injuries and losses.
Although a motorcycle passenger may worry about filing a claim against a family member or friend, they should remember that the insurance company, not their family member or friend, will pay the claim. South Carolina requires motorists to carry bodily injury liability coverage so they have the financial resources to compensate someone they injure through negligent operation of their vehicle.
Can a Passenger Claim Against Both the Motorcycle Rider and the Other Driver in Greenville?
Can a motorcycle passenger sue the other driver involved in a collision and the motorcycle operator after an accident in Greenville? Possibly. In South Carolina, courts may apportion liability for a motorcycle passenger’s injuries based on each party’s percentage of fault. When a motorcycle operator and another driver share responsibility for an accident that injures a motorcycle passenger, the passenger may have claims against both the operator and the other driver.
Whose Insurance Pays a Motorcycle Passenger’s Medical Bills in South Carolina?
Because South Carolina has an at-fault system for auto accident claims, an injured motorcycle passenger can pursue compensation for their medical bills from the parties at fault for causing the accident. Motorists must carry bodily injury liability insurance that can pay a motorcycle passenger injured by the motorist’s negligence or recklessness.
Under S.C. Code § 38-77-160, auto insurers must offer uninsured and underinsured motorist coverage (UM/UIM) on motorcycle insurance policies. If a driver at fault for hitting a motorcycle lacks liability insurance or has insufficient coverage to fully compensate an injured motorcycle passenger, the passenger may be able to turn to their own insurance coverage. A passenger covered by the operator’s motorcycle insurance policy may file an uninsured or underinsured motorist claim if the policy contains UM/UIM coverage.
In some circumstances, an injured motorcycle passenger may also recover compensation from their auto insurance policy’s UM/UIM coverage, even though they were not operating a vehicle at the time of the crash.
What Can an Injured Motorcycle Passenger Recover?
Injured motorcycle passenger claims in South Carolina can provide financial relief that includes:
- Medical expenses for treatment and rehabilitation of motorcycle accident injuries
- Costs of long-term care for disabilities
- Lost wages from missed work
- Reduced future earning potential due to accident injuries and resulting disabilities
- Physical pain and anguish
- Emotional trauma
- Reduced quality of life due to disabilities and significant scarring and disfigurement
How Insurance Companies Try to Blame a Motorcycle Passenger
Although a motorcycle passenger may seem to have no responsibility for causing an accident, insurance companies may still try to shift blame for a crash onto a passenger.
For example, an insurer may claim that a passenger distracted or otherwise negatively affected the motorcycle operator, leading to a motorcycle crash. S.C. Code § 56-5-3630 states that a motorcycle passenger cannot ride in a position that interferes with the operation of the motorcycle, and the passenger must be able to reach the footrests with both feet.
Insurers may also try to avoid liability for motorcycle passenger injuries by citing a passenger’s failure to wear a helmet. S.C. Code § 56-5-3660 requires passengers under 21 to wear helmets approved by the South Carolina Department of Public Safety. However, failing to wear a helmet does not cause a crash and should not affect fault and liability.
Why Injured Greenville Motorcycle Passengers Work with The Melonakos Law Firm
For years, accident victims have turned to the motorcycle passenger injury attorneys in Greenville from The Melonakos Law Firm to help them seek compensation for their harm and loss because:
Years Spent on the Insurance Defense Side
Founding attorney Michael Melonakos began his legal career at insurance defense firms representing auto insurers. This experience taught him how insurance companies fight severe injury claims, including those from motorcycle accident lawsuits. Today, he uses his insights to build effective legal strategies to help motorcycle accident victims navigate the insurance claims process or pursue the financial relief they need through legal action.
Our Motorcycle Case Results
Our firm has a proven track record of success in motorcycle accident cases. Notable results include a confidential six-figure policy limits settlement in a wrongful death motorcycle accident case. In total, we have secured more than $50 million for injured people during the past eight years.
Although our past success does not guarantee any particular outcome for other cases, our record shows how hard we fight to help clients seek the financial recovery and justice they deserve after being hurt by others’ negligence.
What Our Clients Say
Our firm works diligently to earn the respect and trust of the clients we represent in personal injury claims. As a past client wrote about her experiences having our firm represent her in her injury claim:
“JP was brilliant from the beginning of our May 2023 accident. Handled our mediation with respect and honesty. Ryan finished up our settlement and got us what we deserved. It was a long annoying road with the insurance company but the Melonakos team handled it professionally and as fast as possible. We will always recommend them.”
Samantha
Schedule a Free Passenger Injury Consultation with The Melonakos Law Firm
If you’ve suffered injuries while riding on a motorcycle as a passenger in Greenville, you have limited time to seek financial recovery. Under South Carolina’s statute of limitations, S.C. Code § 15-3-530, you must file a lawsuit against at-fault parties within three years of the motorcycle accident or face your case being time-barred.
Contact The Melonakos Law Firm today for a free consultation with a motorcycle accident lawyer near Greenville to find out how we can help you pursue accountability and compensation.