Can a Passenger in a Motorcycle Accident Sue? 

 Posted on July 28, 2025 in Motorcycle Accidents

Motorcycle passengers often face the worst of any crash. With no control over the vehicle and little protection from impact, they are especially vulnerable to catastrophic injuries. If you were a passenger in a motorcycle accident in Illinois, you may be wondering if you have the legal right to sue — and if so, who you can hold accountable. The answer is yes, passengers can sue, and in many cases, they should.

As a large firm with a strong track record of multimillion-dollar settlements and courtroom victories, our Joliet, IL car crash lawyers do not shy away from tough cases. We are aggressive negotiators, and we do not hesitate to take your case to trial if that is what justice requires. We offer free consultations because the last thing an injured passenger should worry about is how to get answers.

Who Can Be Sued After a Motorcycle Accident?

In Illinois, the at-fault party is liable for damages. Passengers are rarely at fault for causing motorcycle crashes, which means liability usually rests with one or more other parties. That gives passengers a strong legal position from the outset. The challenge is often untangling exactly who is responsible and building a case that proves it.

If the motorcycle operator was speeding, weaving through traffic, or driving under the influence, they may be held responsible for causing the crash. Even if they were a friend or family member, their insurance coverage, not their personal finances, will typically cover your injuries.

If another vehicle caused the crash by cutting off the motorcycle, failing to yield, or driving distracted, you may be able to sue that driver and their insurer. In some cases, both the other driver and the motorcycle operator share blame, which does not prevent you from recovering compensation.

If a defect in the motorcycle caused a mechanical failure, such as faulty brakes, a tire blowout, or a steering malfunction, the manufacturer or maintenance provider could be liable under Illinois product liability laws.

And if the accident was made worse by poor road conditions, construction hazards, or unmarked obstacles, a government agency or contractor responsible for road maintenance may be legally at fault.

Under Illinois law, passengers have the same rights to injury compensation as drivers, pedestrians, or bicyclists. If you were hurt due to someone else’s negligence, you have the right to pursue compensation for your medical bills, lost wages, pain and suffering, and other damages.

Can You Sue After a Motorcycle Accident if the Driver is a Friend? 

Many passengers feel conflicted about suing a friend. But you are not suing them personally — you are filing a claim against their insurance policy. That is what insurance is for.

If your injuries are serious, the medical bills alone may quickly exceed what you can afford. Filing a claim helps you get the resources you need to heal and move forward. In fact, most motorcycle insurance policies in Illinois include coverage for passengers, so a successful claim may be processed without ever going to court. If your injuries are long-term, permanent, or disabling, it becomes even more important to secure compensation.

What Damages Can a Motorcycle Passenger Recover After a Crash?

In Illinois, passengers injured in motorcycle crashes can recover the cost of medical treatment, including emergency care, surgeries, rehabilitation, medications, physical therapy, and follow-up care. If you have missed work because of your injuries, or will be unable to return to your previous job, you may recover both lost wages and loss of future earning capacity. If the accident left you with chronic pain, scarring, disfigurement, or emotional trauma, you may also seek compensation for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving permanent disability, brain injury, spinal cord trauma, or amputation, settlements may reach into the millions.

Who is Responsible in a Lawsuit if Multiple Parties Cause a Motorcycle Crash? 

Illinois follows a rule called modified comparative negligence. That means more than one person can be at fault for the same crash. As long as you are not more than 50 percent at fault, you can still recover compensation, though your award will be reduced by your share of responsibility.

As a passenger, your role is usually passive. Unless you did something unusual — like distracting the driver or interfering with the operation of the motorcycle — you are likely to be found blameless. However, if both the motorcycle operator and another driver contributed to the crash, you may be able to file claims against both. This is often necessary when the cost of your injuries exceeds one person’s policy limits. Our attorneys are experienced at coordinating multi-defendant cases and pursuing every available source of compensation.

What Happens if You Were in a Crash and the Motorcycle Driver Was Uninsured?

Illinois law requires motorcycle operators to carry minimum insurance, but not all riders comply. If the driver of the motorcycle you were on was uninsured or underinsured, you may still have options. You might be able to file a claim through your own uninsured/underinsured motorist coverage (if you carry it), or pursue other third-party claims.

Uninsured cases are more complicated and require an aggressive legal strategy. Our firm has extensive experience in cases involving insurance denials, policy disputes, and complex coverage questions. We do not back down when the insurance company refuses to play fair.

What Should You Do After a Serious Motorcycle Crash When You Are a Passenger?

If you were transported to the hospital, your first priority is following medical advice and getting the care you need. If possible, gather basic information about the crash, including the names of all drivers involved, the location, and whether a police report was filed.

Photographs of the accident scene, witness contact information, and copies of your medical records can be useful later. But even if you do not have all of that, we can help. Once your immediate injuries are stabilized, contact a personal injury attorney. The sooner we get involved, the faster we can investigate, preserve evidence, and begin building your claim.

Contact a Kendall County, IL Motorcycle Passenger Injury Lawyer

Insurance companies take aggressive lawyers seriously. When they know your Joliet, IL motorcycle crash attorney is willing to file suit, and capable of winning, they are more likely to offer fair compensation up front. At Schwartz Injury Law, we are known for aggressive negotiation, but we are not bluffing. If your case needs to go to trial, we go.

That trial-readiness often leads to higher settlements for our clients. Insurance carriers are businesses. They weigh risks. When they face a legal team that has already won multimillion-dollar verdicts, their calculus changes. If you were injured as a passenger in a motorcycle accident, you have the right to take legal action and to demand compensation for what you have lost. We are ready to hear your story and help you move forward.

At Schwartz Injury Law, we offer free consultations, and there is no fee unless we win your case. Call us today at 708-888-2160 to schedule your consultation so we can get started.