Casper Motorcycle Passenger Injury Claim: Who You Can Sue Under Wyoming Law

TL;DR - Key Takeaways

• A Casper motorcycle passenger injury claim can name the other driver, the rider you were with, or both, depending on whose fault helped cause your injuries.
• Under W.S. § 1-1-109(e), each defendant pays only its own percentage of the total fault. No defendant pays the share a jury assigns to someone you didn't sue.
• You can recover if your own fault is not more than 50% of the total fault of all actors under W.S. § 1-1-109(b). Your award is reduced by your percentage.
• Being married to the rider doesn't bar the claim. The Wyoming Supreme Court abolished interspousal tort immunity in Tader v. Tader, 737 P.2d 1065 (Wyo. 1987).
• Injury lawsuits must be filed within four years under W.S. § 1-3-105(a)(iv)(C), and wrongful death actions within two years after the death under W.S. § 1-38-102(d).

You were on the back of a motorcycle in Casper when another vehicle hit you or the rider lost control. Now you're hurt and unsure whether a Casper motorcycle passenger injury claim against the rider is allowed. It can feel wrong when the rider is your spouse, partner, or friend. NHTSA's 2024 motorcycle data counted 278 passengers among the 6,228 motorcyclists killed in U.S. traffic crashes that year.

Injured passengers ask us at Metier Motorcycle Lawyers whether naming the rider will hurt the claim or the relationship. "Under Wyoming law, a rider owes a passenger reasonable care," says Patrick DiBenedetto, Partner at Metier Law Firm and a rider himself. "That doesn't change when the passenger is the rider's spouse. If the rider's mistake helped cause your injuries, leaving the rider out of the case doesn't shift that share of fault onto the other driver."

Who a Passenger Can Bring a Claim Against

You can bring a claim against anyone whose negligence caused or helped cause your injuries, including the other driver and the rider you were with.

Your relationship to the rider doesn't limit Wyoming motorcycle passenger rights. In Tader v. Tader, a wife's lawsuit against her husband over a car accident, the Wyoming Supreme Court abolished interspousal tort immunity. That ruling lets a passenger sue the motorcycle driver in Wyoming even when the driver is a spouse.

While these lawsuits formally name your spouse as the defendant, the practical goal is to compel the insurance provider to pay for your medical bills, lost wages, and suffering under the policy's bodily injury coverage. However, recovering these damages is not guaranteed; you must carefully review the motorcycle policy for "household exclusions" or "family member exclusions", which insurance companies frequently use to bar or severely limit payouts for injuries sustained by relatives living in the same home.

How Wyoming's Several Liability Rule Shapes a Casper Motorcycle Passenger Injury Claim

W.S. § 1-1-109(e) makes each defendant liable only to the extent of that defendant's proportion of the total fault. Lawyers call this several liability. Say a jury finds $200,000 in damages, puts 60% of the fault on the other driver and 40% on the rider, and finds you free of fault. The other driver owes $120,000, and the rider owes $80,000.

An "actor" under subsection (a)(i) is any person or entity, including you, whose fault is a proximate cause of the injury. The actor doesn't have to be a party to the lawsuit, and under subsection (c), the jury sets a fault percentage for each actor. If you never sue the rider, the jury can still assign the rider 40%. The other driver would owe only 60%.

Your own fault counts too. Under subsection (b), you can recover if your fault is not more than 50% of the total fault of all actors. Your damages are reduced by your percentage, and at more than 50%, you recover nothing. Our guide on how fault works in a Casper motorcycle accident case covers how adjusters try to move those percentages.

Passenger Rules Under W.S. § 31-5-115

The defense can point to Wyoming's passenger rules to argue that you share the fault. W.S. § 31-5-115 sets these requirements:

• Subsections (a) and (b) allow a passenger only on a motorcycle designed to carry more than one person, on a seat designed for a passenger. On a saddle, the passenger must sit astride and face forward.
• Subsection (d) bars an operator from carrying anyone, and bars anyone from riding, in a position that interferes with the operation or control of the motorcycle or the operator's view.
• Subsection (m) requires passenger footrests on any motorcycle carrying a passenger outside a sidecar or enclosed cab.
• Subsection (o) requires approved, securely fastened protective headgear for any minor who operates or rides a motorcycle on a public highway, street, or thoroughfare, and it bars the operator from letting a minor ride without it. The rule doesn't apply inside an enclosed cab or on a moped. WYDOT's motorcycle safety laws page applies it to anyone under 18.

Subsections (a), (d), and (o) bind the operator as well as the passenger, and subsection (m) sets an equipment requirement. When these facts are in evidence, the jury weighs them in dividing fault under W.S. § 1-1-109. Our post on Wyoming's motorcycle helmet law covers the headgear rule.

If you've been hurt in a motorcycle crash and need answers, call us at 833-4-MOTO-LAW (833-466-8652) or schedule a free consultation at www.metierlaw.com.

Insurance Limits and Filing Deadlines

W.S. § 31-4-103(a) bars the owner of a motor vehicle that must be registered from operating it, or letting anyone else operate it, without a liability policy or a qualifying bond. Under W.S. § 31-9-405(b), the policy minimums are $25,000 for bodily injury to or death of one person and $50,000 for two or more people in one accident. Whether the rider's policy pays a passenger's claim depends on its terms and exclusions. If the other driver had no insurance or too little, see our post on UM and UIM coverage for Casper motorcycle riders.

Under W.S. § 1-3-105(a)(iv)(C), an injury lawsuit must be filed within four years after the cause of action accrues. When a passenger dies, W.S. § 1-38-102(d) requires the wrongful death action to be filed within two years after the death. For a Casper crash, W.S. § 1-5-109 lets either lawsuit be filed in Natrona County, where the cause of action arose. It can also be filed in a county where a defendant resides or may be summoned.

Frequently Asked Questions

Can a passenger sue the motorcycle driver in Wyoming?

Yes, when the rider's negligence helped cause your injuries. In Nehring v. Russell, 582 P.2d 67 (Wyo. 1978), the Wyoming Supreme Court struck down the state's guest statute, which had required a nonpaying passenger to prove the driver's gross negligence. The court abolished interspousal tort immunity in Tader v. Tader in 1987. Dellapenta v. Dellapenta, 838 P.2d 1153 (Wyo. 1992), abolished parental immunity for ordinary negligence in operating a motor vehicle, so a child's claim against a parent who was operating the motorcycle can proceed too.

How does Wyoming's several liability rule affect a passenger claim?

Under W.S. § 1-1-109(e), each defendant pays only its own proportion of the total fault, not the whole award. Fault can be assigned to actors who aren't parties under subsection (a)(i). A passenger who leaves out an at-fault rider or driver can't collect that share from the defendants who were sued.

What passenger rules can come up after a motorcycle passenger accident in Casper?

W.S. § 31-5-115 covers passenger seating, riding positions that interfere with the operator's control or view, passenger footrests, and protective headgear for minors. The seating, position, and headgear rules also bind the rider, and a jury can weigh a violation when it divides fault.

How long do I have to file a Casper motorcycle passenger injury claim?

A lawsuit on a Casper motorcycle passenger injury claim must be filed within four years after the cause of action accrues under W.S. § 1-3-105(a)(iv)(C). A wrongful death action must be filed within two years after the death under W.S. § 1-38-102(d). If the passenger was a minor when the claim accrued, W.S. § 1-3-114 extends the injury deadline to three years after the passenger turns 18, if that's later. Eighteen is the age of majority under W.S. § 14-1-101(a).

Your Claim Doesn't Depend on Who Was Riding Up Front

We ride, and we know a passenger has no controls and no say in the line through a corner. A Casper motorcycle passenger injury claim follows fault under Wyoming law, so you can pursue the other driver, the rider, or both when the facts support it. Before you give a recorded statement or accept an offer, talk with our Casper motorcycle accident lawyer team at Metier Law Firm.

Call Metier Motorcycle Lawyers at 833-4-MOTO-LAW (833-466-8652) or schedule your free consultation today at www.metierlaw.com.

Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.