Legal Guide

Passenger Rights in Motorcycle Accidents in Alberta

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Passenger Rights in Motorcycle Accidents in Alberta

If you were riding as a passenger on a motorcycle and injured in an accident, you may wonder what your rights are — especially if the driver was a friend or family member.

Many passengers hesitate to file a claim because they don't want to 'sue' the rider they were with. But in Alberta, injury claims are **handled through insurance**, not personal finances. That means you can still recover full compensation without harming personal relationships.

As Alberta motorcycle accident lawyers who've handled both rider and passenger claims, we know how to protect injured passengers and navigate the insurance process discreetly and effectively.

This guide explains:

Passenger rights under Alberta law
Who can be held responsible for a passenger's injuries
How insurance coverage applies
What compensation you can recover
Steps to take after the accident
How a lawyer can help maximize your claim

Common Passenger Injuries in Motorcycle Crashes

Because passengers have no control over the motorcycle, they often suffer serious or complex injuries, including:

Common Injury Types:

Head and Brain Injuries (Concussions, TBIs)Even when wearing a helmet.
Fractures and Broken BonesWrists, legs, collarbones, and ribs.
Road Rash and LacerationsFrom sliding across pavement.
Spinal Cord and Back InjuriesSometimes result in paralysis.
Internal Injuries and Organ DamageFrom blunt impact.
Psychological TraumaAnxiety, flashbacks, or fear of riding again.

Who Can Be Held Liable for a Passenger's Injuries?

Liability depends on who caused or contributed to the crash. Alberta follows a **fault-based system**, meaning compensation is paid by the at-fault party's insurer.

1

Motorcycle Operator

If the motorcycle driver was speeding, distracted, or lost control, their insurer covers your injuries through their **third-party liability coverage** (usually at least $200,000, but often $1 million or more).

2

Another Driver

If another vehicle caused the crash — for example, by turning left across the motorcycle's path — that driver's insurer pays for your injuries.

3

Both Drivers

If fault is shared between the motorcycle operator and another driver, you can claim from **both insurers** based on their percentages of fault.

4

Uninsured or Hit-and-Run Drivers

If no insurance applies, you can claim through Alberta's **Motor Vehicle Accident Claims (MVAC) program**, which provides up to $200,000 per accident for injury victims.

Alberta-Specific Rules and Deadlines

Passenger claims are subject to Alberta's personal injury laws:

Two-Year Limitation Period

A claim must be filed within two years of the accident.

Section B Benefits

Requires application within 30 days for medical coverage.

MVAC Program

Mandates notification within 30 days if an uninsured or hit-and-run driver is involved.

Minor Injury Cap

As of 2025, approximately $6,000 applies only to simple sprains and strains, excluding serious or psychological injuries.

Contributory Negligence

Rarely applies to passengers unless they refused to wear a helmet or engaged in unsafe behavior.

Steps to Take After a Motorcycle Accident as a Passenger

Taking the right steps immediately after an accident can protect both your health and your legal rights:

Call 911 Immediately

Ensure police and paramedics attend. A police report documents critical fault information.

Seek Medical Care

Even minor pain can indicate serious injury. Early medical documentation strengthens your claim.

Gather Information

Get contact and insurance details from all drivers involved.

Take Photos and Record Details

Capture the scene, damage, road conditions, and visible injuries.

Report the Accident

Notify your own insurer, even if another policy will pay.

Keep a Recovery Journal

Track pain levels, appointments, and how injuries affect your life.

Contact an Alberta Motorcycle Accident Lawyer

Legal help ensures all insurers are notified, deadlines are met, and your claim is valued accurately.

How a Lawyer Helps Injured Passengers

Passenger claims can involve multiple insurers and complex liability issues. Here's how we help:

Identifying All Liable Parties

Ensuring both the motorcycle driver and any other drivers are included.

Navigating Multiple Insurers

Handling communications to avoid conflicting statements.

Maximizing Compensation

Accounting for all short- and long-term damages.

Protecting Relationships

Managing the claim discreetly so your friend or family member isn't directly involved.

Challenging Lowball Offers

Using medical and financial evidence to increase settlements.

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Frequently Asked Questions

Conclusion

Passengers in Alberta motorcycle accidents have strong legal rights and multiple avenues for compensation. Even if the driver was a friend or relative, your claim is against insurance — not the individual — and ensures your medical care, recovery, and future income are protected.

Passengers are almost never at fault for motorcycle crashes.

Claims are made against insurers, not individual riders.

You may recover from one or multiple insurers, depending on fault.

Section B benefits provide immediate coverage, and tort claims address long-term losses.

A lawyer ensures your rights are protected and your settlement is fair.

Injured as a motorcycle passenger in Alberta? Contact us today for a free consultation.

No fee unless we win.