Motorcycle accident victims can face severe and life-altering injuries. The same attributes that make motorcycles fun to ride can expose the rider to more dangers compared to occupants of a passenger vehicle. It can be hard to figure out what your rights are after a motorcycle crash.
If another driver caused your accident, you can pursue compensation from them through a civil lawsuit. A motorcycle accident lawyer in Philadelphia will work to secure the compensation you deserve. We are ready to provide the guidance you need during this chaotic and painful time.
Damages in a Philadelphia Motorcycle Accident
Calculating the damages that you are entitled to receive after a motorcycle accident is one of the most important steps in your case. You may not be able to go back and seek more compensation once the settlement is finalized, so it is critical that you include everything at the outset.
Your Philadelphia motorcycle accident attorney will work with you to make sure you keep a complete and accurate record of your expenses. A few common types of expenses and damages that motorcycle accident victims may request in their claims include:
- Emergency medical responder fees
- Health insurance co-pay fees
- Physical therapy
- Medical devices like wheelchairs or walkers
- Ongoing estimated medical care costs
- Property damage
- Counseling for PTSD
- Disfigurement or scarring
You may also be able to claim lost wages if you needed time away from work to recover. If you are unable to return to your field of employment and must change your career, you may be able to recover lost earning capacity.
Motorcycle Insurance Requirements in Philadelphia
Motorcycle drivers in Pennsylvania are legally required to carry minimum liability insurance coverage. This insurance provides coverage for injuries and property damage in the event of an accident. The state minimum auto insurance covers:
- $5,000 for medical expenses
- $15,000 for one person’s injury or death
- $30,000 for multiple victims
- $5,000 for property damage
All drivers in Pennsylvania are required to carry this minimum coverage. However, it’s entirely possible that you or the driver who struck you purchased additional auto liability coverage. That could protect you from having to pay damages over the minimum coverage. A motorcycle accident lawyer in Philadelphia can help you understand your policy.
Philadelphia Motorcycle Accident Lawyer Near Me 877-751-9800
Should I Hire a Lawyer if I File an Insurance Claim?
Insurance companies do not always follow the rules or have your best interests in mind when it comes to the claims process. Many of these companies try to avoid paying the benefits you deserve under your policy.
Insurance companies are also sophisticated entities that engage in claims investigations, negotiations, and settlements every single day. For most injury victims, this is the first time they have had to file a claim. It can be hard to know whether you are being treated fairly, and reading your policy terms is often a frustrating and confusing experience.
Working with Philadelphia motorcycle accident lawyers can help you take the guesswork out of the insurance process. An attorney who works with motorcycle accident victims will be able to recognize when the insurance company is trying to take advantage of you. If you need to take legal action against an insurance company, we will be ready to hold them accountable.
Who Is at Fault for a Motorcycle Accident?
When a car collides with a motorcycle, the driver of the car is usually responsible for causing the accident. All drivers owe other road users a duty of care and must remain focused on driving safely. However, there are several reasons why motorcycle riders wind up injured when they share the road with other drivers.
This is perhaps one of the deadliest practices on the road today. Between texting and social media, smartphones are a major reason for distracted driving. Other examples of distracted driving include:
- Eating and drinking
- Talking on the phone
- Talking to passengers
- GPS device use
- Interacting with children or pets in the car
- Adjusting the radio
When a driver is intoxicated, it is extremely difficult to drive safely and to pay attention to what is happening on the road. Because motorcycles are already smaller in profile than other vehicles, an intoxicated driver can easily miss seeing them.
Similar to drunk driving, drugged driving often leads to impaired faculties. Drugged driving can include prescription medications that prohibit driving as well as over-the-counter medicines.
Failure to Yield
Many motorcycle accidents happen when one driver fails to yield the right-of-way to a motorcycle that is passing through an intersection or making a left-hand turn.
Inadequate Road Maintenance
From potholes to broken traffic signals, if the road is not maintained properly, it puts motorcycle riders at risk. You may need to bring a case against the local government entity responsible for maintaining the roadway, which can be more complicated than a civil case against a non-government entity.
Reckless or Careless Driving
Many motorcycle accidents happen due to basic traffic violations that could have been avoided, such as:
- Following too closely
- Not using proper turn signals
- Running stop signs or red lights.
Obtaining a police report is a good way to determine if any traffic violations were involved in your situation. Traffic tickets can affect liability in your claim.
In some cases, your motorcycle may be to blame for your injuries. A defective component may require you to bring a claim or lawsuit against the manufacturer. You may also have a claim against a repair shop that failed to perform proper repairs and left your motorcycle in a dangerous condition.
These are just a few examples of how motorcycle accidents can happen. Even if your situation was not included, a Philadelphia motorcycle accident lawyer from our law firm may be able to help you seek compensation.
How Comparative Negligence May Affect Your Compensation
Motorcycle accident victims are subject to Pennsylvania’s comparative negligence rule. This rule may affect your case if you are responsible or partially responsible for the accident. Under the comparative negligence rule, any financial compensation you receive may be reduced by the percentage of fault you are assigned.
For example, if you are found to be partially responsible for causing your motorcycle accident, you might be assigned 25% liability. This means any financial compensation you are awarded will be reduced by 25%.
The most important thing to know about comparative negligence is that it could potentially prevent you from recovering financial compensation. If you are found to be 51% responsible for causing the accident, you cannot collect a settlement or court award. Our team of motorcycle accident attorneys in Philadelphia will strive to prove that you deserve to be compensated.
Limited Time to Work on Your Case
Note that time may be running out on your ability to pursue compensation. Injury victims in Pennsylvania typically have two years to bring their claim, according to Pa. C.S.A. § 5524. If you let this time lapse, you may be barred from seeking compensation.
Let Us Help With Your Motorcycle Accident Case
We know that a motorcycle accident can leave you hurting and feeling confused about what to do but you don’t have to figure this out alone. To discuss your case for free with an attorney, call us today.
A Philadelphia motorcycle accident lawyer from the Morelli Law Firm can assist you with your case and advise your next steps.We will give you the guidance you need to get compensation for your injuries and move on with your life.