Last updated · Reviewed by Ron McMinn, Esq.
Yes, a motorcycle passenger can sue the rider if the rider’s lack of ordinary care contributed to the crash. The claim is usually made against the rider’s liability insurance, up to its limits. Insurance Code section 11580.1(c)(5) allows policies to exclude bodily injury to an insured, which often includes household relatives, so the exact policy wording controls.
One person died and another was seriously injured in a single-motorcycle crash on Highway 74 near Devil’s Ladder Trail on Sunday morning, October 25, 2026. Two people were on the motorcycle. For families in situations like this, one of the first questions is practical: when a passenger is hurt or killed, can the family make a claim against the rider’s insurance?
This article briefly summarizes what has been reported, then explains how motorcycle passenger claims generally work in California.
What Has Been Reported About the Highway 74 Crash
According to KESQ, crews were dispatched around 9:15 a.m. One person was pronounced dead at the scene, and the second person had major injuries and was airlifted to a hospital. Initial reports indicated the motorcycle may have struck an animal, but that had not been confirmed. The highway was closed in both directions and later reopened. NBC Palm Springs reported that the California Highway Patrol is investigating.
The identities of the two people have not been released, and reports have not said which of the two died. The cause remains under investigation.
Can a Passenger Claim Against the Rider’s Insurance?
Often, yes. Under California Civil Code section 1714, everyone is responsible for injuries caused by a lack of ordinary care. A motorcycle operator owes a passenger that duty. If the operator’s carelessness, such as speed too fast for the road, inattention or impairment, contributed to the crash, the passenger may have a bodily injury claim against the operator’s liability coverage.
A few points often surprise people:
- A friendship or family relationship does not prevent a claim. The claim is usually paid by the rider’s insurer, not out of the rider’s pocket, up to the policy limits.
- The coverage does not disappear if the rider died. Claims can still proceed through the rider’s insurer and estate.
- Policy limits may be low. When the rider’s liability limits are small compared with the injuries, other coverage can become important.
Family and household exclusions
Many auto and motorcycle policies exclude bodily injury to people who are insured under the same policy, which commonly includes the named insured’s spouse and relatives living in the household. California Insurance Code section 11580.1(c)(5) allows an exclusion for “liability for bodily injury to an insured.” If the passenger was the rider’s spouse or lived in the same household, this exclusion may block a claim on that policy. The exact policy language decides the question, so get a copy of the full policy, not just the declarations page. Passengers in cars can face the same household exclusion question, which we cover in our passenger claim guide.
When an Animal May Have Caused the Crash
When a crash may have been caused by an animal in the road, insurers often point to the sudden emergency doctrine. Under CACI No. 452, a person is not negligent if there was a sudden and unexpected emergency, the person did not cause it, and the person acted as a reasonably careful person would have acted in the same situation, even if a different choice later appears to have been safer.
The doctrine has limits. It does not apply when the person’s own negligence helped create the emergency, for example by riding too fast for a winding mountain road or for limited visibility. Whether it applies is usually a question for the jury. An animal in the road does not end the inquiry. The speed, the lookout and the rider’s reaction all still matter.
When the Road May Be the Problem
Sometimes the road itself plays a role: a missing guardrail, loose gravel, a damaged surface, or poor sight lines on a curve. Highway 74 is a state route, so claims about its condition would generally be directed to the State of California through Caltrans.
Under Government Code section 835, a public entity can be liable for a dangerous condition of its property if the condition created a foreseeable risk of the kind of injury that occurred, and the entity created the condition or knew or should have known about it in time to fix it. These claims are hard to prove and have strict procedural rules.
Most importantly, a written government claim generally must be presented within six months of the injury under Government Code section 911.2. Under section 945.4, a lawsuit generally cannot be filed until the claim has been presented and acted on or deemed rejected. Read more on our government claims page and in our article on Caltrans road condition crash claims.
Other Coverage That May Help a Passenger
Uninsured and underinsured motorist coverage
If the passenger has an auto policy at home, its uninsured and underinsured motorist coverage may help. Under Insurance Code section 11580.2, “insured” includes the named insured and resident relatives “while occupants of a motor vehicle or otherwise.” Underinsured coverage can apply when the at-fault vehicle’s liability limits are lower than the injured person’s own UM limits.
There are important limits. The statute excludes vehicles owned or operated by the named insured or a resident of the same household from the definition of an uninsured vehicle. If another driver caused the crash and could not be identified, the statute requires physical contact with that vehicle and prompt reporting. If an animal alone caused a single-vehicle crash, there may be no uninsured motorist at all. Our UM and UIM claims page explains more.
Medical payments coverage
Medical payments coverage on the motorcycle policy, or on the passenger’s own policy, may help with medical bills regardless of fault, depending on the policy terms. For a passenger on a scooter, see our guide to e-scooter passenger claims, minors’ claims and shared fault. See our guide to med-pay benefits.
Helmets and Comparative Fault
California Vehicle Code section 27803 requires both the operator and any passenger to wear a safety helmet. It is also unlawful to ride as a passenger if the operator or any other passenger is not wearing one.
California follows pure comparative fault, so an injured person’s recovery can be reduced by his or her own share of responsibility. Insurers sometimes argue that not wearing a helmet made a head injury worse. That argument is about the injuries, not about what caused the crash, and it requires evidence. Riding with an operator the passenger knew was impaired can also be raised as comparative fault.
If Someone Died
When a motorcycle crash takes a life, Code of Civil Procedure section 377.60 decides who may bring a wrongful death claim. It generally starts with a surviving spouse or domestic partner and children, and in some cases can include others, such as parents who were dependent on the person who died. The same insurance questions apply: liability coverage, household exclusions, UM and UIM, and med-pay. Our wrongful death and catastrophic injury page explains damages and process.
Most California injury and wrongful death lawsuits must be filed within two years under Code of Civil Procedure section 335.1. The six-month government claim deadline comes much sooner when a public entity may be involved.
Steps for Injured Passengers and Families
- Get the CHP report number and keep all medical records.
- Request copies of every potentially applicable policy: the motorcycle policy and any auto policies in the household.
- Keep the helmets, riding gear and damaged parts.
- Photograph the scene, including the road surface, guardrails and signs, before conditions change.
- Be cautious with recorded statements and releases before getting advice.
- Calendar the six-month government claim deadline if road conditions may be involved.
Learn more on our motorcycle accidents page.
Frequently Asked Questions
Can a motorcycle passenger sue the rider in California?
Yes, if the rider’s lack of ordinary care contributed to the crash. The claim is usually made against the rider’s liability insurance, up to its limits.
Does a household exclusion block a passenger’s claim?
It can. Insurance Code section 11580.1(c)(5) allows policies to exclude bodily injury to an insured, which often includes household relatives. The exact policy wording controls.
What if an animal caused the motorcycle crash?
The rider may raise the sudden emergency doctrine. It does not apply if the rider’s own negligence, such as excessive speed, helped create the emergency, and a jury usually decides.
Does not wearing a helmet reduce a passenger’s claim?
It may. Vehicle Code section 27803 requires passengers to wear helmets, and insurers may argue comparative fault if helmet non-use made injuries worse.
How long is the deadline for a Caltrans claim?
Generally six months from the injury under Government Code section 911.2.
Talk to us
If you were hurt as a passenger or lost a loved one in a motorcycle crash, Win Attorneys serves clients across California. We speak Spanish and Vietnamese. Call (562) 296-5380 or reach us through our contact page.
Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Visits are by appointment. See our Tustin motorcycle accident lawyer section.
This article is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Crash details are attributed to KESQ and NBC Palm Springs as of October 26, 2026, and may change as the investigation continues. No fault is assigned to anyone. Outcomes depend on the facts of each matter. Seek medical care for injuries, and consult a licensed California attorney about your situation.