What Are the Legal Considerations for Motorcycle Accident Victims?
Motorcycle accidents often leave victims facing unique challenges. Understanding the legal considerations involved can help those injured make informed decisions about their next steps. Without the help of an experienced attorney, you may find yourself lost in trying to adequately defend yourself as a motorcycle accident victim.
At Goldberg, Goldberg & Maloney, we are here to help you through the entire process. Especially if you have experienced a personal injury after the event, it’s important to know your legal considerations as a motorcycle accident victim.
This blog will cover essential aspects of personal injury law relevant to motorcycle accident victims in West Chester, Pennsylvania.
Understanding Liability in Motorcycle Accidents
Liability determines who is legally responsible for an accident. In Pennsylvania, establishing liability requires proving negligence. Negligence occurs when one party’s actions or failure to act causes harm to another.
To establish negligence, a victim must demonstrate:
Duty of care: The other party owed a legal obligation to act responsibly.
Breach of duty: The responsible party failed to uphold this obligation.
Causation: The breach directly caused the accident and resulting injuries.
Damages: The victim suffered losses due to the accident.
Pennsylvania’s comparative negligence rule allows victims to recover compensation even if they share some fault, as long as their share of fault does not exceed 50%. However, the recovery amount may be reduced by the percentage of fault assigned to the victim.
Statute of Limitations in Pennsylvania
The statute of limitations imposes a deadline for filing a personal injury lawsuit. In Pennsylvania, victims generally have two years from the date of the accident to initiate legal proceedings. Missing this deadline can result in the loss of the right to seek compensation.
Some exceptions may apply, such as:
Minors: If the victim is under 18, the statute of limitations begins upon reaching adulthood.
Discovery rule: In cases where injuries are not immediately apparent, the time limit may begin when the victim discovers or should reasonably have discovered the injury.
Common Types of Compensation Available
Motorcycle accident victims may pursue various types of compensation, often referred to as damages. These typically fall into two categories: economic and non-economic.
Economic Damages
These damages compensate for measurable financial losses, including:
Medical bills (hospital stays, surgeries, rehabilitation)
Lost wages and future earning capacity
Property damage (repair or replacement of the motorcycle)
Non-Economic Damages
These damages address intangible losses, such as:
Pain and suffering
Emotional distress
Loss of enjoyment of life
The exact value of non-economic damages can vary widely, as it depends on the severity of the injuries and their impact on the victim’s life.
The Role of Insurance in Motorcycle Accidents
Pennsylvania’s insurance laws differ for motorcycles compared to other vehicles. Unlike standard automobiles, motorcycles are not covered under the state’s no-fault insurance system. Instead, victims must seek compensation through the at-fault driver’s liability insurance or their own uninsured/underinsured motorist coverage if applicable.
Common Insurance Challenges
Dealing with insurance companies after a motorcycle accident can be challenging. Some common issues include:
Low initial settlement offers
Disputes over fault or coverage limits
Delays in processing claims
It’s critical to review all settlement offers carefully, as accepting a settlement typically waives the right to pursue additional compensation later.
Special Considerations for Motorcycle Riders
Motorcycle riders often face biases that can influence legal proceedings. Some common assumptions include:
Motorcyclists are inherently reckless.
Riders are more likely to be speeding or engaging in risky behaviors.
These stereotypes can impact how insurance adjusters, juries, and even witnesses perceive an accident. Clear evidence, such as police reports, medical records, and eyewitness testimony, can help counteract these biases.
Steps to Take After a Motorcycle Accident
Taking immediate and deliberate steps after an accident can strengthen a victim’s legal position. Consider the following:
Prioritize safety: Move to a safe location and check for injuries.
Call emergency services: Report the accident to local authorities and seek medical attention.
Document the scene: Take photographs of the vehicles, road conditions, and any visible injuries.
Gather information: Exchange contact and insurance details with the other driver and collect names of witnesses.
Seek medical care: Even if injuries seem minor, a medical evaluation is essential.
Contact an attorney: Discuss the case with a legal professional to explore available options.
Medical Evidence and Its Importance
Medical records play a crucial role in personal injury cases. They provide objective evidence of the injuries sustained and their impact on the victim’s life.
Key Types of Medical Documentation
Emergency room records: Details of initial treatment and diagnosis.
Specialist reports: Evaluations from orthopedists, neurologists, or other medical experts.
Physical therapy notes: Progress and limitations during recovery.
Receipts and bills: Proof of medical expenses incurred.
Comprehensive medical documentation helps establish the severity of injuries and justify compensation demands.
Wrongful Death Claims
Tragically, some motorcycle accidents result in fatalities. Surviving family members may pursue a wrongful death claim to seek compensation for their loss. Eligible claimants typically include the deceased’s spouse, children, or parents.
Types of Compensation in Wrongful Death Cases
Funeral and burial expenses
Lost financial support
Loss of companionship or consortium
The statute of limitations for wrongful death claims in Pennsylvania is generally two years from the date of death.
How Pennsylvania Laws Differ for Motorcyclists
Pennsylvania law treats motorcyclists differently in several ways, particularly regarding helmet use and insurance requirements.
Helmet Laws
Riders aged 21+ with two years of riding experience or completion of a safety course are not required to wear helmets.
Passengers must wear helmets unless the rider meets the exemption criteria.
While helmet use is optional for some, wearing one can significantly impact safety and potential compensation claims.
Insurance Requirements
Motorcycle insurance policies must meet Pennsylvania’s minimum liability limits, but optional coverages like uninsured/underinsured motorist coverage are strongly recommended.
The Impact of Comparative Negligence
Pennsylvania’s comparative negligence rule can significantly influence the outcome of personal injury cases. If a motorcyclist is found partially at fault for an accident, their compensation will be reduced by their percentage of fault. For example, if a court awards $100,000 in damages but assigns 20% fault to the motorcyclist, the victim would receive $80,000.
Choosing a Lawyer for Motorcycle Accident Cases
When selecting a lawyer for a personal injury case, victims should consider the following factors:
Experience in personal injury law: Familiarity with Pennsylvania’s legal system and insurance practices.
Client communication: Willingness to answer questions and keep clients informed.
Track record: Previous case outcomes involving motorcycle accidents.
Victims should schedule consultations to discuss their situation and evaluate whether a lawyer is the right fit.
Motorcycle accident victims face many legal considerations, from proving negligence to dealing with insurance companies and understanding Pennsylvania’s comparative negligence laws.
By understanding these issues and working with an experienced personal injury attorney, victims can pursue fair compensation for their injuries and losses. Taking the right steps after an accident and staying informed about legal options can make a significant difference in the outcome of a case.
Contact Goldberg, Goldberg & Maloney Today to Get Started
Here at Goldberg, Goldberg & Maloney, we’re here to help you if you’ve experienced a motorcycle accident. We believe your rights are important and need to be properly showcased. By serving West Chester, Pennsylvania, our attorneys are happy to fight for you. Call our firm today to get started with our services.