Helping Injured Victims Recover Fair Compensation

Pennsylvania is home to many people who enjoy riding motorcycles. Whether you enjoy hitting the open road to explore Philadelphia County or you prefer using a motorcycle to navigate the traffic and parking issues downtown, you should be able to safely get from Point A to Point B, whether you’re on two wheels or four. But every year, there are thousands of motorcycle accidents in Pennsylvania, with hundreds of people seriously injured and dozens killed. Motorcyclists are far more likely to be injured or killed in a crash than a driver or passenger in an automobile, and this can make the road a very dangerous place.

If you were injured while on a motorcycle because another driver wasn’t paying attention or acted negligently, you may be entitled to compensation. Pennsylvania’s rules for insurance coverage and tort actions are different for motorcyclists than for automobile drivers, so it’s critical to get legal guidance from an experienced motorcycle accident lawyer. To learn more about their options and start a claim, motorcycle accident victims should contact Full Court Justice at (215) 770-0282 to schedule a free initial case consultation.

What Are Common Causes of Motorcycle Accidents?

Navigating the roads and traffic in Philadelphia can be tough for anyone, but it’s especially dangerous for motorcyclists. Between the heavy traffic, distracted drivers, and sometimes poor road conditions, it doesn’t take much for a motorcycle crash to happen. Understanding the common causes behind motorcycle accident cases can help you identify who may be responsible and what you can do to protect valuable evidence for your case.

Reckless Driving

Reckless driving behaviors put everyone on the road at risk. A driver who is weaving in and out of lanes, speeding excessively, or driving aggressively can cause a motorcycle accident in a matter of seconds. Proving that the other party was driving recklessly often comes down to the presence of key evidence, such as eyewitness testimony from other drivers who saw the accident or dashcam footage.

Distracted Drivers

People today are more distracted than ever, and when those distractions affect someone’s ability to drive safely, it can have devastating consequences for those around them. Distracted driving can include anything from texting or talking on the phone to trying to operate a GPS or eat lunch while navigating traffic. It’s also possible for a driver to be distracted by someone else in the vehicle or even by their own thoughts about something that happened earlier that day, such as a fight with a spouse.

Distracted driving is a primary factor in thousands of car accidents in Pennsylvania every year. Because motorcycles are smaller and harder for other drivers to see, even a few seconds of distraction from someone in a car or truck could be deadly for a rider. If you were injured because another driver wasn’t paying attention to the road, a motorcycle accident attorney can help you prepare your case.

Failing to Check Blindspots Carefully

Motorcycles can be more difficult for drivers to notice when they are changing lanes because the bike’s smaller size makes it fit more easily and completely into a blind spot. A driver who fails to check their blind spots or only quickly glances instead of carefully looking can miss a motorcycle and cause an accident. This can be especially common and dangerous on the multilane roads and expressways around Philadelphia.

Speeding

Speed is one of the most common factors in car accidents in general, and the same is true for those involving motorcycles. Speed limits are in place for the safety of everyone on the road, and driving above these limits is dangerous for several reasons. The first is that it means that a driver is often operating their vehicle faster than their reaction time can keep up. The human brain was not designed to take in information and make split-second decisions at 70 miles per hour, and there often just isn’t enough time for the driver’s brain to process what’s happening before it’s too late.

Vehicles also require a certain amount of time to slow down or come to a stop. The faster a car is going, the more time it needs to stop. If a driver isn’t allowing enough room between their vehicle and a motorcycle to account for this increased stopping distance, a sudden need to brake could cause a catastrophic accident.

Failing to Yield

Some parts of the road are more dangerous than others, and accidents may be more likely to occur at complex intersections or near roundabouts. These situations require drivers to carefully evaluate what’s happening around them, including judging how fast another vehicle or motorcycle is coming toward them or who arrived at a four-way stop first. When an error is made in these situations, it can result in an accident. Other common places where failure to yield may be a factor in a motorcycle crash include highway on-ramps and parking lots.

Impaired Driving

Impaired driving is a widespread problem across the country, and Philadelphia is no exception. A driver who is operating a vehicle under the influence of alcohol or drugs dramatically increases the risk of a serious accident. The responding officer will evaluate everyone involved to determine if alcohol or drugs were a factor in the crash, and these reports can provide valuable evidence for your claim. Keep in mind that it’s not required for someone to have a blood alcohol content over the legal 0.08 limit to be charged with DUI, so don’t automatically assume that just because someone passed a chemical test, they’re impaired driving isn’t a factor.

Road Hazards

Motorcycles are much more susceptible to road hazards, such as potholes, loose gravel on the road, or uneven pavement. Unfortunately, these hazards are also extremely common in and around Philadelphia. If issues like poor road maintenance, poorly designed construction zones, or missing warning signs contributed to a motorcycle accident, it may be possible to bring a lawsuit against the city itself or another entity like PennDOT. These cases often have different rules for how and when you can file a lawsuit, so it’s critical to get advice from an experienced attorney.

How Do Pennsylvania’s Fault Laws Affect Motorcycle Cases?

In Pennsylvania, motor vehicle drivers are required to carry first-party benefits coverage, commonly known as personal injury protection (PIP) insurance. This is part of the state’s no-fault insurance system. The way this works is every driver is required to have at least $5,000 in first-party benefits coverage, but they can opt to have more. When an accident occurs, everyone involved files with their own insurance company for reimbursement up to their coverage amount. This allows for faster reimbursement and fewer personal injury cases going to the court system.

But motorcycles are not part of this system. This means that when someone else is at fault for a motorcycle accident, you can seek compensation for any damages not covered by your own motorcycle insurance policy through a personal injury lawsuit.

Pennsylvania’s modified comparative negligence rules also come into play here. It means that you can still file a lawsuit against the other party even if you are partially at fault. This is important to know because multiple factors are often at play in many accidents, and many victims aren’t aware they may still be entitled to compensation even if it’s not a clear-cut case where the other driver is 100% at fault.

Under Pennsylvania law, you can seek damages as long as the other driver was at least 51 percent at fault for the accident. If you are determined to be partially at fault, your total award may be lowered to compensate for this if you win your case. An attorney can provide more information on how this works and what to expect based on the details of your case.

You generally have two years from the date of the accident to file a personal injury claim against the other party. This can vary depending on when you became aware of your injuries and whether the other party is a government or city entity. It’s always a good idea to talk to an attorney as soon as possible after an accident so that you have time to discuss and review your options without worry about expiring deadlines.

How Is Fault Determined in a Motorcycle Accident Claim?

Finding someone at fault for a motorcycle accident is a complex process, and it’s rarely as simple as who was ticketed by officers. For personal injury claims, determining liability comes down to four key components.

• Duty of care: Everyone using public roadways, including drivers and motorcyclists alike, has the legal responsibility to exercise reasonable care and caution to avoid causing an accident or injuring other people.
• Breach of duty: A violation of the duty of care happens when someone doesn’t follow the rules of the road or is operating the vehicle recklessly or negligently. This can include a clear violation, such as running a red light, as well as things like distracted driving or making an unsafe lane change.
• Causation: To win a personal injury claim, you must show that it was the breach of duty that directly caused the accident and injuries. It’s common for the defendant to try to put the blame on the plaintiff or to argue that there were other factors involved.
• Damages: The plaintiff must have suffered damages as a result of the accident and their injuries. Medical bills for treatment of injuries sustained in the accident and pain and suffering are examples.

Of course, just stating these things in a court filing isn’t enough to win a case. The plaintiff has the burden of providing compelling evidence of all four of these components to win their case. This can include the police report and other documentation, as well as photos and videos from the scene. Having eyewitnesses who saw what happened before, during, and after the accident can also help strengthen your claim. In some cases, there may be additional evidence, such as GPS data or phone records, that can provide more information on what was happening seconds before the accident.

It’s often the smallest of details that can make the difference in a case, so it’s critical to gather and preserve as much evidence as possible and work with an attorney who can subpoena data and other records.

What Should You Do After a Motorcycle Accident?

Everything happens quickly after an accident. You determine if you’re injured, someone calls the police and emergency responders, and you’re left wondering what happens next. Your health and safety come first, so it’s essential to get checked out by medical professionals even if you think you’re okay or don’t notice any immediate injuries. Serious injuries like internal bleeding and concussions aren’t always apparent, and having a record of treatment after the accident can help establish causation later on.

After the accident, it’s normal to want to talk with people about what happened, and friends and family are likely to have questions. However, it’s critical for any future lawsuit that you don’t talk about any details related to the accident or post anything about it on social media. Statements made online or to other people can be used against you by insurance companies and attorneys. In general, it’s best to avoid discussing the accident or your injuries unless an attorney says it’s okay.

Once your immediate medical needs have been treated, the most important thing you can do for your recovery is to hire a Philadelphia motorcycle accident attorney. Whether you’re dealing with catastrophic injuries or less serious but still common motorcycle accident injuries like road rash and broken bones, our legal team can help you identify your legal options.

Why Work With Our Philadelphia Motorcycle Accident Attorneys

When you’ve been injured in a motorcycle accident and are considering a personal injury claim, you need experienced legal representation. Our attorneys understand how complicated these cases can be and know what to look for to identify the liable party and prove your case in court. We’re also prepared to negotiate on your behalf if you’re offered a settlement. Filing a motorcycle accident lawsuit can be the first step in getting the compensation you deserve for your injuries and damages.

The aftermath of a motorcycle crash can impact your life for months or even years to come. Whether you suffered severe injuries that affect your earning potential or quality of life, or you lost a loved one as a result of another driver’s negligence, a Philadelphia motorcycle accident lawyer can help you understand your options and be a trusted advocate for you throughout this process. If you were in a motorcycle accident in Philadelphia or the surrounding area, contact Full Court Justice at (215) 770-0282. We offer free initial case consultations to prospective clients so you can better understand how our firm operates and how we can help.