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Maine Motorcycle Passenger Laws Overview

Motorcycle riding has increased in popularity due to the feeling of freedom and adrenaline that comes with each ride. But that feeling can be shattered instantly by a reckless driver or other hazard that causes an accident.

If you suffered injuries as a motorcycle passenger, you are likely facing medical bills, lost wages, and the overwhelming burden of recovery, all on top of the emotional trauma of your experience.

An experienced motorcycle attorney understands the complexity of motorcycle passenger laws and helps you recover the compensation you need and deserve. Contrasted with vehicle passengers, motorcyclists have minimal protection, meaning injuries are often catastrophic.

The recovery process is often long and dramatically impacts your daily life. Fortunately, your attorney can handle the legalities so you can focus on healing.

Don’t shoulder the burden alone after an accident that wasn’t your fault. Read on to learn more about motorcycle accidents as a passenger and what you may be entitled to recover.

How is Fault Determined?

Maine motorcycle passenger laws, including child motorcycle passenger laws, require establishing the four elements of a negligence claim to prevail and receive compensation.

1. Duty. All drivers and motorcycle riders owe a duty of care to others to ensure the safe operation of their vehicles while on the road. Establishing this element is the first element of negligence.
2. Breach. A victim must prove that a driver breached this duty of care through their reckless or negligent behavior. A breach might include conduct such as speeding, texting while driving, disregarding traffic signals, or driving under the influence of drugs or alcohol.
3. Causation. The at-fault driver’s breach of duty must have caused your accident and subsequent injuries. Causation means that the accident wouldn’t have occurred if the driver had acted with proper care.
4. Damages. A victim must establish that they suffered quantifiable damages due to the accident. Examples of damages include medical expenses, lost wages, pain and suffering, emotional distress, and property damage.

Proving the existence of these four elements as they pertain to your claim is vital to a successful motorcycle accident claim. While straightforward, a qualified attorney understands motorcycle laws and potential defenses a liable party may raise to refute these elements or minimize their liability.

What is Modified Comparative Negligence?

An essential aspect of Maine motorcycle passenger laws that impacts an accident case is the concept of modified comparative negligence. Under this theory, if you’re less than 50% at fault for the accident, you can still recover damages, but they will be reduced by your percentage of fault.

However, exceeding 50% of the fault for an accident bars you from recovering any compensation. For example, if a judge finds you 25% liable for the accident, they will reduce your $100,000 damages award to $75,000.

This system underscores the importance of a thorough investigation to determine the cause of the accident and accurately assess fault attribution. Furthermore, your attorney works to represent your position so the liable party cannot attribute any fault to you for the accident.

What Can I Recover?

After a motorcycle accident, the physical and financial burdens might feel overwhelming. Motorcycle passenger laws allow motorcycle passengers to pursue compensatory damages and ease that burden.

These are financial awards intended to compensate you for your losses, both tangible and intangible.

Economic Damages

Economic damages are direct financial losses incurred due to a motorcycle accident. Examples of economic damages include:

• Medical expenses. These losses cover past, present, and future medical treatment related to your injuries, including hospital stays, doctor visits, surgery, medication, rehabilitation, and therapy.
• Lost wages. If your injuries prevent you from working, you can recover compensation for this lost income, including lost wages, salary, commissions, bonuses, and tips.
• Loss of future earnings. If your injuries permanently affect your ability to work or limit your earning potential, you can receive compensation for future lost wages.
• Property damage. Property damage covers any damage to a victim’s personal belongings, such as a helmet or clothing, that occurred in the accident.

Noneconomic Damages

Noneconomic damages are more subjective but still genuine losses most suffer in accidents. These damages represent the physical and emotional damage caused by the accident. Examples include:

• Pain and suffering. These losses cover the physical discomfort and emotional distress a victim experiences due to their injuries, including physical pain, emotional anguish, anxiety, depression, and post-traumatic stress disorder (PTSD).
• Loss of consortium. Sometimes, injuries impact a victim’s ability to maintain close relationships with their spouse or partner. A victim may recover compensation for losing companionship, intimacy, and affection.
• Scarring and disfigurement. Motorcycle accidents often leave a victim with permanent scars or disfigurement, and a victim may pursue compensation for the emotional and psychological impact of these injuries.

Punitive Damages

Punitive damages are rarely awarded but may be available in extreme cases where the at-fault driver acted with malice, reckless disregard for safety, or intentionally caused the accident.

They are awarded to punish the driver and deter similar behavior in the future. Your attorney reviews the details of your case to determine whether punitive damages may be available to pursue.

Contact Us

At Mann Law, the rights and responsibilities associated with personal injury are among the most important in your personal life and for our firm. As Maine personal injury lawyers, we are passionate about what we do and are committed to protecting what you value most. We are ready to help when you need it most.

We are a personal injury firm run by women doing things differently. We are invested in you and your case and have an established legacy of successfully navigating our clients through some of life’s most difficult challenges.

An accident can derail your life, but we help you get it back on track. When somebody causes your injuries, you deserve compensation.

In addition to fighting tooth and nail to win your case, we are with you every step of the way. Contact the legal team at Mann Law today by phone or email for a free consultation and learn more about how we can assist you.

Christiana E. Mann Christiana “Chrissy” Mann has specialized in civil litigation for 21+ years as a savvy and creative litigator, and she’s regarded as a fair, compassionate, and zealous advocate on behalf of her clients.