Philadelphia Motorcycle Accident Lawyer
Although riding a motorcycle is an exhilarating experience, it can also be hazardous. When an automobile driver strikes a motorcyclist while driving, the biker’s life can be changed, and the accident can even result in death.
If you suffered an injury on your motorcycle because a negligent driver caused a wreck you could not avoid, your best move after seeking medical attention could be contacting a Philadelphia personal injury attorney.
A Philadelphia motorcycle accident lawyer will work hard to help you pursue the compensation they deserve.
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Philadelphia Motorcycle Accident Guide
- How Negligent Behavior Can Cause a Wreck
- Motorcycle Accident Injuries and Damages
- Insurance Challenges After a Motorcycle Accident
- FAQ – Philadelphia Motorcycle Accident Lawyer
- Speak with a Philadelphia Motorcycle Accident Attorney Ab
How Negligent Behavior Can Cause a Wreck
Some common causes of motorcycle accident also pertain to automobile accidents, while others are motorcycle-specific. Frequent causes of motorcycle accidents that stem from recklessness or carelessness by at least one party include:
- Drunk or impaired driving
- Distracted driving
- Failure to yield the right-of-way
- Careless turns or lane changes
- Speeding
All these actions could serve as evidence of legal negligence that a Philadelphia motorcycle accident attorney could use to pursue a case, but it is important to note that other factors can contribute to motorcycle crashes as well. For example, while motorcycle accidents may occur at any time, riders often face greater danger when they are on the road at night.
Likewise, adverse road conditions pose a particularly significant danger to motorcyclists. A car hitting a pothole or a patch of ice may occasionally lead to an accident, but the same circumstances may have a very different effect on a motorcycle and its riders. Depending on the circumstances, the entity in charge of road maintenance may be liable in such cases.
Motorcycle Accident Injuries and Damages
Motorcycle accident injuries are often catastrophic in nature, especially when a larger, enclosed vehicle strikes a much smaller, open vehicle. Common injuries that may give rise to a personal injury claim include:
- Amputation
- Broken bones
- Burns
- Disfigurement
- Internal organ damage
- Road rash
- Spinal cord injuries
- Traumatic brain injury
Those suffering a severe motorcycle injury because of the negligent or reckless actions of another driver may be able to pursue compensation for various associated damages, such as:
- Medical expenses, current and future
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
In the worst cases, injured motorcyclists may never again have the ability to care for themselves or go back to work, and they may require intense rehabilitative therapy along with specialized equipment and accommodations. Because most motorcycle crash victims are under the age of 35, the lifetime costs associated with a wreck can be extreme. The assistance of a motorcycle accident lawyer in Philadelphia could be key to recovering appropriate compensation for both short-term and long-term losses.
What If a Motorcyclist Is Partially Liable?
Under Pennsylvania Consolidated Statutes §7102, a percentage of fault may be assigned for every party involved in an accident by the court overseeing a case. Under the state’s modified comparative negligence system, a motorcyclist would be unable to recover any compensation if they are deemed more than 50 percent responsible for the accident. Any percentage of fault equal to or less than 50 percent on the part of a motorcycle crash plaintiff would result in a proportional reduction in their recoverable damages.
Insurance Challenges After a Motorcycle Accident
Dealing with insurance companies after a motorcycle accident can be particularly challenging for victims. Unlike other motor vehicle accidents, insurance companies may treat motorcycle accident claims with skepticism, often attempting to minimize the compensation you deserve. Some common issues motorcycle accident victims face with insurers include:
1. Bias Against Motorcyclists
Insurance companies may operate with the misconception that motorcycle riders are inherently reckless or responsible for their own accidents. This bias can lead to unfair blame being placed on the motorcyclist, even when another driver’s negligence caused the crash. A Philadelphia motorcycle accident lawyer can help dispel this bias by gathering evidence that proves you were not at fault.
2. Denial of Injury Severity
Insurance adjusters may downplay the severity of the injuries sustained in motorcycle accidents, particularly when it comes to “invisible” injuries like traumatic brain injuries or soft tissue damage. In motorcycle accidents, even injuries that don’t appear life-threatening at first can have long-term consequences. An experienced attorney can help ensure that your medical bills, future treatment costs, and pain and suffering are fully accounted for.
3. Low Settlement Offers
It’s not uncommon for insurance companies to offer a low settlement immediately after the accident, hoping the victim will accept it without consulting a lawyer. These offers often fail to cover the full extent of medical expenses, lost wages, and other damages. Your motorcycle accident attorney can negotiate on your behalf to secure a fair settlement that truly reflects the impact of the accident on your life.
4. Disputes Over Liability
Insurance companies frequently dispute liability in motorcycle accidents, especially if there is a question of negligence on the part of the other driver. This is where having a Philadelphia motorcycle accident attorney can make a significant difference. They can conduct a thorough investigation, collect witness statements, obtain police reports, and even work with accident reconstruction experts to prove liability and secure the compensation you deserve.
5. Underinsured or Uninsured Drivers
If the at-fault driver lacks sufficient insurance coverage or no insurance at all, recovering compensation can be more complicated. In Pennsylvania, motorcyclists may need to rely on their own uninsured/underinsured motorist coverage to cover the gap. A lawyer can help you navigate these insurance claims and explore alternative avenues for compensation.
6. Complex No-Fault Insurance Rules
Pennsylvania’s no-fault insurance rules can complicate the claims process. While no-fault insurance is designed to cover basic medical costs regardless of who was at fault, it may not apply in more severe motorcycle accident cases. A skilled attorney can help you pursue a personal injury claim outside of the no-fault system to recover additional compensation for serious injuries, lost income, and pain and suffering.
7. Delays in Processing Claims
Insurance companies may delay processing motorcycle accident claims in the hope that the victim will settle for less or give up pursuing compensation altogether. A motorcycle accident attorney can push back against these tactics, ensuring your claim is processed in a timely manner and that you are not unfairly burdened with financial hardship while waiting for a resolution.
In the face of these challenges, working with an experienced Philadelphia motorcycle accident lawyer can make all the difference. They will advocate on your behalf, ensuring that the insurance company treats your claim fairly and that you recover the compensation you need to move forward with your life.
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FAQ – Philadelphia Motorcycle Accident Lawyer
1. What should I do after a motorcycle accident in Philadelphia?
After a motorcycle accident, it’s important to seek medical attention immediately, even if you feel fine. Document the scene, exchange information with the other driver, and report the accident to the police. Contact a seasoned Philadelphia motorcycle accident lawyer as soon as possible to protect your rights and start your personal injury claim.
2. Why do I need a Philadelphia motorcycle accident attorney?
Motorcycle accidents often result in serious injuries such as spinal cord injuries, traumatic brain injuries, and broken bones. An experienced Philadelphia motorcycle accident attorney will help you pursue compensation for medical bills, lost wages, and other damages. They will negotiate with the insurance company to ensure you receive fair compensation.
3. What types of injuries are common in motorcycle accidents?
Common injuries in motorcycle accidents include spinal cord injuries, traumatic brain injuries, broken bones, head injuries, and severe road rash. These injuries often require extensive medical treatment and can lead to long-term or permanent disabilities.
4. How do Philadelphia motorcycle accident lawyers handle accident claims?
Philadelphia motorcycle accident lawyers will investigate the accident, gather evidence, and determine liability. They will file the necessary paperwork, negotiate with insurance companies, and, if necessary, represent you in court to recover maximum compensation for your injuries.
5. What compensation can I receive from a motorcycle accident claim?
Motorcycle accident victims may be eligible for compensation for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. A knowledgeable motorcycle accident lawyer can assess your case and determine the compensation you deserve.
6. How long do I have to file a motorcycle accident claim in Philadelphia?
Under Pennsylvania law, you generally have two years from the date of the accident to file a personal injury claim. Consulting with a Philadelphia motorcycle accident attorney promptly ensures your case is filed within the statute of limitations.
7. Who is liable in a motorcycle accident?
Liability in a motorcycle accident can be attributed to a negligent driver, a vehicle manufacturer (if a defect caused the crash), or even a government entity responsible for road maintenance. Your motorcycle accident attorney will investigate the facts of the case to identify the at-fault party.
8. What if the other driver doesn’t have insurance?
Pennsylvania law requires all drivers to carry insurance. However, if the negligent driver in a motorcycle accident lacks sufficient coverage, your attorney can help explore other options such as uninsured or underinsured motorist coverage to recover compensation.
9. Can I still recover compensation if I was partially at fault for the accident?
Pennsylvania follows a modified comparative fault rule. This means that even if you were partially at fault, you may still recover compensation, as long as you are not more than 50% responsible for the accident. An experienced motorcycle accident lawyer can assess the specifics of your case.
10. What should I do if I’ve suffered a traumatic brain injury from a motorcycle accident?
Traumatic brain injuries are among the most severe outcomes of motorcycle accidents. After seeking immediate medical attention, consult with a Philadelphia motorcycle accident attorney who has experience handling catastrophic injuries. They can help you pursue compensation to cover medical treatments, rehabilitation, and other related costs.
11. How can a lawyer help with insurance companies after a motorcycle crash?
Insurance companies often try to minimize payouts. A skilled motorcycle accident lawyer will handle all communications with the insurance company, ensuring that your rights are protected and that you receive the compensation you deserve for your injuries, property damage, and other losses.
12. What if I lost a loved one in a fatal motorcycle accident?
If a motorcycle crash results in the wrongful death of a loved one, you may be entitled to wrongful death benefits. An experienced Philadelphia motorcycle accident attorney can assist you in filing a wrongful death claim to seek compensation for funeral expenses, lost income, and the emotional toll of your loss.
13. What can I expect during a free consultation with a Philadelphia motorcycle accident lawyer?
During a free consultation, a motorcycle accident attorney will review the details of your case, discuss the potential for recovering compensation, and outline the next steps in the legal process. This is an opportunity to ask questions and determine how the law firm can help you navigate your claim.
14. How are motorcycle accident cases different from other motor vehicle accidents?
Motorcycle accidents tend to result in more severe injuries due to the lack of protection for motorcycle riders. Philadelphia motorcycle accident attorneys understand the specific laws and challenges that come with motorcycle accident cases and will work to ensure you get the compensation you need to cover serious injuries and long-term medical care.
15. What are the common causes of motorcycle accidents in Philadelphia?
Motorcycle accidents in Philadelphia are often caused by negligent drivers, distracted driving, reckless driving, failure to obey traffic laws, and poor road conditions. An experienced motorcycle accident attorney will investigate the cause of your accident to hold the at-fault party accountable.
16. How do motorcycle accident lawyers help with no-fault insurance in Pennsylvania?
Pennsylvania’s no-fault insurance system covers basic medical expenses after an accident. However, in serious motorcycle accident cases involving catastrophic injuries, an attorney can help you pursue compensation beyond what no-fault insurance covers by filing a personal injury claim against the negligent party.
17. Can I recover compensation for lost income after a motorcycle accident?
Yes, if your injuries prevent you from working, a motorcycle accident lawyer can help you recover compensation for lost income. They will include this in your motorcycle accident claim to ensure that your financial losses are covered while you recover.
18. What steps should I take if I was involved in a motorcycle crash caused by a reckless driver?
After a crash involving a reckless driver, document the scene, seek medical attention, and contact an experienced motorcycle accident lawyer. They can help you file a claim against the at-fault party and recover damages for your injuries, property damage, and other losses.
19. Can motorcycle accident victims recover compensation for pain and suffering?
Yes, motorcycle accident victims may be able to recover compensation for pain and suffering, particularly in cases involving severe or life-threatening injuries. An experienced motorcycle accident lawyer will ensure that all damages, including emotional and physical pain, are considered when negotiating your settlement.
20. What is the importance of legal representation in motorcycle accident cases?
Having legal representation is critical in motorcycle accident cases. A seasoned motorcycle accident lawyer will ensure your rights are protected, handle complex negotiations with insurance companies, and help you pursue the maximum compensation available under the law.
Speak with a Philadelphia Motorcycle Accident Attorney About Legal Options
If you or a loved one suffered serious injury in a motorcycle accident, getting in touch with an experienced Philadelphia personal injury lawyer should be your first priority after seeking medical treatment.
Once retained, a dedicated attorney could thoroughly investigate all aspects of the accident, determine a fair settlement value for your injuries and ongoing care, and pursue your claim all the way to trial if necessary. To learn more or to schedule a consultation, call today.
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Hill & Associates – Leonard Hill Personal Injury Lawyers And Car Accident Lawyers – Philadelphia Office
1700 Market Street, Suite 3150
Philadelphia, PA 19103
Ph: (215) 567-7600