In the wake of a 2010 motorcycle accident that resulted in the death of a Texas A & M student, Texas passed a new law (called Malorie’s Law) that went into effect in January 2015. The law requires any motorcycle with a passenger to be equipped with a bar or other device to which the passenger can hold on. While most motorcycles come equipped with passenger foot pegs and grab handles, some motorcycle owners have removed them. Though removal of these items is not, in itself, illegal, and is generally done by bikers who race and want to eliminate excess weight, riding through Texas with a passenger after these protections have been removed is now against Texas law.

motorcycle grab bars missingThe Motorcycle Injury Firm has extensive experience with motorcycle-accident cases, including those arising out of passenger injuries caused by defective motorcycles or driver or biker negligence. If you have been injured or a family member has been killed in this manner, contact The Motorcycle Injury Firm for more information about your legal rights and options.

Who Can Be Held Liable for Motorcycle Passenger Injuries or Deaths Caused by the Absence of Grab Bars?

Motorcyclists have a duty to exercise reasonable care for the safety of any passengers with whom they ride. A biker who is found to have failed to exercise due care for a passenger’s safety will be considered negligent under the law. Such negligence can occur in many ways, including riding while impaired by alcohol or drugs, riding erratically or aggressively, riding while fatigued or distracted, riding too fast for road or weather conditions, or riding in violation of speed limits and other traffic laws.

When a motorcyclist is found to have violated a state traffic law or rule of the road, the motorcyclist may be found to have been negligent per se and subject to liability for accident injuries and deaths determined to have been caused by the violation. Thus, a motorcyclist who rides with a passenger on a bike from which grab bars have been removed in a state that makes this illegal may be found negligent per se and liable for the passenger’s injuries found to have been caused by the absence of grab bars. Even in states in which grab-bar laws have not been enacted, bikers who carry passengers on bikes from which grab bars have been removed may still be found to have negligently caused passengers’ injuries ruled to have resulted from the absence of passenger grab bars.

Obtain Legal Representation from The Motorcycle Injury Firm

The Motorcycle Injury Firm helps injured motorcyclists and the families of deceased motorcyclists across the country achieve justice from those who have caused preventable motorcycle accidents and resultant injuries and deaths through driver or biker negligence. If you have been injured or one of your family members has died in a motorcycle accident anywhere in the country, The Motorcycle Injury Firm can help you obtain the compensation to which you are entitled.