Negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” (Wex Legal Dictionary)
If a motorcycle passenger was negligent and caused or contributed to your wreck, then they may be liable for your injuries and losses. The following sections describe ways in which a motorcycle passenger can cause an accident.
A Passenger Can Distract the Driver
If a passenger distracted the motorcyclist or impaired the motorcyclist’s ability to drive, they may be responsible for the accident. Distractions can be any number of things, including horseplay or obstructing the motorcyclist’s vision.
A Passenger Could Physically Interfere with the Driver
If a passenger interferes with the driver by taking control of the motorcycle or getting into a physical altercation with the motorcyclist, they may be liable for the accident and resulting injuries.
Modified Comparative Negligence & Motorcycle Passenger Fault
Even if you are partially at fault for the accident, you can still pursue compensation against a negligent motorcycle passenger.
Georgia has a modified comparative negligence statute (O.C.G.A. § 51-12-33) that says you can recover damages for your losses as long as you are less at fault than the other party.