When a motorcyclist takes a pillion passenger on a journey, he has certain responsibilities.
First and foremost, he must be legally permitted to travel with a pillion passenger. Motorcyclists who do not possess a full licence or do not have a vehicle with a secure and fit for purpose pillion seat are not allowed to carry passengers.
A means of communicating must be agreed between the driver and the passenger, and the passenger’s feet must be able to comfortably reach the footrests. A safety standards approved motorcycle crash helmet must be provided for the passenger and the driver must ensure that they are properly prepared for the journey.
Pillion passenger sustains head injury in motorcycle collision
Back in August in a road traffic accident in Sittingbourne, Kent; a 20 year old motorcycle passenger suffered life threatening injuries when the vehicle he was on collided with a car as it was pulling out at a junction. He was taken to hospital with a serious head injury and the road was closed for several hours whilst an investigation into the cause of the accident was conducted.
A motorcycle driver is legally responsible for the safety of their pillion passenger. If an accident occurs that is the fault of the driver and it can be proved they were lacking in their responsibilities, the passenger can usually claim against the driver’s insurance company. Of course, if an accident is caused by another road user or even a pedestrian, the passenger – and the driver – will also have a right to pursue compensation against the party at fault.
Often pillion passenger accident claims can be complex and difficult to prove, which is why it is important to use the services of a specialist solicitor with specific experience in these types of claim. Even if the passenger was in part to blame for the accident, a good solicitor will make sure they are awarded the compensation they need to help them through their recovery and cover their financial losses.
At Stephensons, we have specialist road traffic accident claims specialists with specific experience in handling motorcyclist and pillion passenger claims. To find out whether you have a viable claim, call us on 01616 966 229.
By personal injury solicitor and Stephensons’ Partner, Kate Sweeney