What Are Your Rights If You Were a Passenger in a Colorado Motorcycle Accident?

Being a passenger on a motorcycle can be exhilarating — but also risky. Unlike drivers or passengers in enclosed vehicles, motorcycle passengers are far more vulnerable during a crash. If you were injured as a passenger in a Colorado motorcycle accident, you have rights — and you may be entitled to compensation for your injuries, even if you weren’t driving or at fault in any way.

Understanding your legal options is essential to recovering damages and protecting your financial and physical well-being. Here’s what you need to know about your rights as a passenger in a Colorado motorcycle accident.

Can a Motorcycle Passenger File an Injury Claim?

Yes. As an injured passenger, you have the right to pursue a personal injury claim against any at-fault party — which may include the motorcycle operator, another driver involved in the accident, or even a third party like a vehicle manufacturer or local government agency responsible for road maintenance.

Since passengers are rarely (if ever) responsible for causing a motorcycle crash, they are typically entitled to file a claim for damages related to their injuries.

Who Can You Hold Responsible for Your Injuries?

Liability in motorcycle accidents can be complex, especially when more than one party is involved. In Colorado, you may be able to file a claim against:

• The motorcycle operator – If the rider was speeding, impaired, distracted, or otherwise negligent, they may be partially or fully at fault for the crash.
• Another driver – If a car, truck, or other vehicle caused the accident, you may pursue compensation from their insurance company.
• A third party – In some cases, a poorly maintained road, defective motorcycle parts, or a negligent pedestrian could contribute to the accident.

Colorado uses a modified comparative fault system, which means more than one party can share responsibility. As a passenger, this generally benefits you, since you can seek compensation from any and all liable parties.

What Compensation Can You Recover?

As a passenger injured in a motorcycle crash, you may be entitled to recover damages for:

• ER visits, surgery, medication, physical therapy, and follow-up care.
• Lost wages: If you missed work or can no longer perform your job due to your injuries.
• Pain and suffering: For physical pain, emotional distress, and diminished quality of life.
• Permanent disability or disfigurement: If your injuries lead to long-term impairment.
• Property damage: If any of your personal belongings were damaged during the accident (e.g., phone, helmet, eyewear).
• The exact amount of compensation depends on the severity of your injuries, the long-term impact on your life, and the insurance policies involved.

How Does Insurance Work for Injured Motorcycle Passengers in Colorado?

Insurance coverage can come from several sources, depending on who was at fault and what policies are in place. Common sources of coverage include:

• The motorcycle operator’s insurance – Most riders carry liability coverage that may pay for injuries to passengers.
• The at-fault driver’s auto insurance – If another motorist caused the crash, their liability policy may be responsible for your damages.
• Your own insurance policy – If you carry medical payments (MedPay) or uninsured/underinsured motorist (UM/UIM) coverage, it may apply to your injuries as a passenger.

Keep in mind: Insurance companies often try to minimize payouts. Having an experienced attorney review the available coverage and handle communications with insurers can significantly increase your chances of receiving full compensation.

What If the Motorcycle Operator Is a Friend or Family Member?

It’s common for passengers to hesitate before filing a claim if the at-fault rider is someone they know personally. However, it’s important to remember:

• You are not suing your friend or family member personally; you’re filing a claim against their insurance provider.
• This process is standard, and insurance exists for exactly this reason: to cover the financial cost of accidents. 

Your relationship with the rider should not stop you from getting the medical care and financial support you need.

What If You Weren’t Wearing a Helmet?

In Colorado, only riders and passengers under age 18 are legally required to wear helmets. If you’re over 18 and weren’t wearing a helmet, that does not automatically disqualify you from receiving compensation.

However, insurance companies may argue that your injuries were worsened by not wearing a helmet. This could affect your final compensation under Colorado’s comparative fault law. An attorney can push back on these claims and present evidence showing the true cause of your injuries.

Steps to Take After a Motorcycle Accident as a Passenger

If you were injured in a motorcycle crash, taking the right steps can protect your rights and improve your chances of a successful claim:

• Seek medical attention immediately, even if injuries seem minor
• Call the police and make sure an official report is filed
• Collect contact and insurance information from all drivers involved
• Take photos of the accident scene, your injuries, and any damaged property
• Get names and statements from witnesses if possible
• Do not sign anything or give statements to insurance adjusters without legal advice
• Contact a Colorado motorcycle accident attorney as soon as possible

Contact Pribilia & Fields Today for Your Motorcycle Accident Case

As a passenger, you may not have caused the crash — but you’re often the one who suffers the most serious injuries. At Pribila & Fields, we understand how overwhelming it can be to deal with medical bills, insurance companies, and recovery all at once.
Let us help you fight for the compensation you deserve. We’ve helped countless accident victims in Colorado Springs and throughout the state hold negligent drivers accountable and recover the financial support they need to move forward.

Contact us today for a free consultation and learn how we can help you protect your rights as an injured motorcycle passenger.