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Motorcycle Passenger Rights After An Accident In Washington DC

September 15, 2025


30+ Years | 10,000+ Cases | $300 Million+ Recovered

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Posted in Personal Injury Lawyer

Motorcycle passengers often don’t think much about legal rights until something goes wrong. In a city like Washington, DC, with busy intersections, tight roadways, and unpredictable drivers, accidents involving motorcycles happen more often than many realize. When passengers are injured, the focus tends to be on getting medical care and dealing with insurance—but it’s important for us to know that passengers have specific rights under DC law and can take action if they’re hurt in a crash.

Passengers Can File a Claim for Injuries

As passengers, we’re rarely responsible for causing the accident. That puts us in a strong position when it comes to filing a personal injury claim. Whether the crash was caused by another driver, a road hazard, or even the motorcyclist operating the bike, we may be entitled to compensation for injuries, medical costs, and other related losses.

DC law allows motorcycle passengers to file claims against the at-fault driver’s insurance policy. That could be the driver of another vehicle or, in some cases, the person operating the motorcycle we were riding on. While filing a claim against someone we know may feel uncomfortable, it’s usually handled through their insurance and is an important step in covering medical bills and recovery costs.

Medical Costs and Ongoing Treatment

Motorcycle accidents often lead to serious injuries for passengers, even when wearing helmets and other protective gear. Common injuries include broken bones, road rash, back injuries, and head trauma. These injuries may require emergency care, surgery, rehabilitation, and follow-up visits. In some cases, recovery can take months or even longer.

Medical expenses after a crash can pile up quickly, and many of us may not realize that a claim can also include pain and suffering, lost income, and long-term care needs. Early medical records play an important role in building a claim, so it’s critical to seek care right away—even if injuries don’t seem severe at first.

What Contributory Negligence Means for Passengers

Washington, DC follows a strict legal rule called contributory negligence. This means that if someone is even slightly at fault for the accident, they may not be able to recover any compensation. However, this rule usually doesn’t affect passengers, since we aren’t in control of the motorcycle or other vehicles involved.

Still, insurance companies may try to avoid paying by arguing that the passenger wasn’t wearing a helmet or knowingly got on a motorcycle with a reckless rider. In these situations, legal support can help push back against unfair denials or delays.

Wayne R. Cohen, Esq., founder of Cohen & Cohen, has represented many injury victims across DC, including motorcycle passengers seriously hurt through no fault of their own. Mr. Cohen has been recognized repeatedly by Washingtonian Magazine, The Wall Street Journal, and other national outlets as one of the most accomplished personal injury lawyers in the region. With an AV rating and decades of courtroom success, Mr. Cohen brings both experience and determination to every case.

He’s also served as President of the Trial Lawyers Association of Metropolitan Washington D.C., taught trial law at The George Washington University Law School since 1993, and earned the trust of clients throughout the District for his work holding insurance companies accountable.

Speak With Our Lawyer Who Can Help You Move Forward

If you’ve been injured as a passenger in a motorcycle accident, you have legal rights that deserve to be protected. Our trusted Washington DC motorcycle accident lawyer can help you understand your options and determine the best course of action based on your situation. Contact Cohen & Cohen today to schedule a free consultation and find out how we can help you take the next step toward recovery.

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