The short answer to this question is yes, in most cases. In most circumstances, a passenger will be able to receive full compensation as they are not at fault for an accident.
However, to ensure their safety as well as the maximum compensation in the case of any accidents that occur, there are some factors to take into account that may be considered negligent if overlooked
Failure to wear a helmet can be seen by a jury as negligence, even if they are not legally required. If the passenger knowingly got onto a motorcycle when the driver was under the influence of alcohol or other substances For a passenger to ride on a motorcycle, it must have a permanently attached passenger seat and footrests or a sidecar.
As long as your passenger has taken these reasonable steps to ensure their safety, they are unlikely to be found negligent or at fault in the case of an accident.
There are no passenger age requirements in the State of Idaho, but discretion is advised. You may wish to reconsider if your passenger is unable to safely reach the footrests or to hold on securely to ensure their balance.
- Bruce Skaug - Idaho Motorcycle Accident Attorney.