Motorcycle accidents differ from ordinary car accidents in several key ways, so victims need to know what makes motorcycle accident lawsuits uniquely challenging.
Comparative fault is more common in motorcycle accident cases than in other auto accident cases. Motorcyclists who do not wear helmets, sustain head injuries, or engage in lane splitting or other risky behavior could be partially at fault. Make sure to follow all rules for motorcyclists in Pennsylvania at all times. Once an accident happens, you have 2 years to pursue compensation for any economic or non-economic damages.
For a free case review from our motorcycle accident lawyers, call The Reiff Law Firm at (215) 709-6940 now.
What Do You Need to Know About a Motorcycle Accident Claim?
The more you know before entering a motorcycle accident compensation claim, the more prepared you will be for the recovery process.
Top Causes
The majority of motorcycle accidents are caused by driver error. Driving without headlights, changing lanes without checking blind spots, and following bikers too closely are among the leading causes of motorcycle accidents. Road defects and vehicle defects are the top causes of single-vehicle motorcycle accidents.
No Injury Threshold to Recovery
Pennsylvania is a no-fault state for most motor vehicle accidents, except for motorcycle accidents. Whether you have the limited tort or full tort option for your car insurance does not have any impact on your recovery after a motorcycle accident. You do not have to sustain a serious injury to pursue non-economic damages after a motorcycle accident, even if you would need to after a car accident because you have limited tort coverage.
Statute of Limitations and Exceptions
You must know when the statute of limitations expires so that it does not happen before you can file a lawsuit. Pennsylvania’s injury statute of limitations is 2 years. The countdown begins on the date you are injured, unless the accrual date is tolled. Tolling exceptions to the statute of limitations for motorcycle accidents are most common because of the defendant’s absence from the state.
Important Evidence to Gather
Know what evidence you should prioritize gathering so that you do not lose access to it. Take pictures of any damage to your motorcycle and the car that hit you. Statements from eyewitnesses, medical records detailing your specific injuries, and video footage from nearby security cameras or other devices should all be preserved as quickly as possible.
Value of Your Case
Without knowing how much your case is worth, you cannot know what a good recovery would be. We can determine the value of your case by factoring in all your economic damages and non-economic damages. You can seek relief for all damages resulting from negligence, so tell us about any new expenses since the collision, no matter how small they may be.
Impact of Comparative Fault
Comparative fault can be an issue for insurance companies after motorcycle accidents, especially if a motorcyclist was not wearing a helmet and sustained a head injury or violated other traffic rules. Comparative fault lowers your damages proportionally to your contribution, and only blocks your recovery if you were more negligent than the defendant.
Case Timeline
Trust our lawyers to explain the timeline and the pacing of a motorcycle accident lawsuit so that you are prepared for each new stage as we progress with your case. Simple cases might be resolved on a faster timeline, sometimes within months. Complicated cases generally take longer, especially when trials are necessary.
Motorcycle Accident FAQs
Do You Have to Call the Police to Report a Motorcycle Accident?
Any motor vehicle accident that involves injury should be reported to local law enforcement. Calling 911 is always in your best interest as the victim, even if the other driver contests.
How Soon Should You Get a Lawyer After a Motorcycle Accident?
You should not wait weeks or months after an accident to see whether or not you have a case. The longer you wait for us to investigate your case, the less evidence may be available to prove it.
What Medical Bills Can You Recover After a Motorcycle Accident?
You can recover all medical bills after a motorcycle accident. That includes damages you have incurred to date, as well as damages your physicians anticipate you will incur in the future when you get specific treatments. Only seeking relief for damages incurred to date is not a mistake our motorcycle accident lawyers make.
How Much Compensation for Lost Wages Can You Get for a Motorcycle Accident?
You can also get compensation for any lost wages if you are unable to work because of the injuries you sustained in your recent motorcycle accident.
How Often Does Comparative Fault Affect Motorcycle Accident Lawsuits in Bethlehem, PA?
Comparative fault is a common issue in motorcycle accident lawsuits. To make sure it does not affect your recovery, avoid lane splitting, riding without a helmet, or other riding practices that could contribute to an accident or worsen the injuries you sustain during one.
Can You Get More Compensation by Taking a Motorcycle Accident Case to Court?
At the end of a trial, the jury might award the plaintiff more compensation than the defendant would have ever considered offering in a settlement. A trial may be worth the time and resources because of the potential jury award, so do not write it off completely before speaking with our lawyers.
What Does it Take to Prove Fault for a Motorcycle Accident?
To prove fault for a collision, our lawyers must convince the court that it is more likely than not that the defendant is liable. We can do this by meeting the preponderance of the evidence standard and proving all four mandatory elements of a personal injury claim: duty, breach of duty, causation, and damages.
Call Us for Help with Your Motorcycle Injury Case
For a free case assessment from The Reiff Law Firm, call our motorcycle accident lawyers at (215) 709-6940 today.
