Pennsylvania Motorcycle Accident Attorney

Pennsylvania’s No-Fault Law Does Not Apply to Motorcycle Accidents

While Pennsylvania has chosen no-fault laws for drivers that allow most motorists to choose between limited and full tort insurance coverage, motorcycle policies do not include the option for no-fault coverage.

Injured motorcyclists do not have to meet a serious injury threshold to sue after a car accident. Instead, they can pursue full compensation for their expenses and losses regardless of the severity of the injury. This includes pain and suffering and other non-economic damages.

Who Is Liable for My Pennsylvania Motorcycle Accident?

When it comes to motorcycle accidents, the at-fault party is generally liable for damages in an accident they cause in Pennsylvania. An injured motorcyclist can file a claim based on that party’s auto liability insurance policy or sue them directly to recover damages.

Proving fault and liability requires strong evidence to show what happened and who caused the crash. This is important because of the state’s modified comparative negligence law.

Under 42 Pa. C.S. § 7102, the state handles shared fault based on a 51 percent rule. This allows injured motorcyclists to recover compensation if they contributed to causing an accident, as long as they are not more than 50 percent at fault. However, the percentage of fault assigned to them will reduce their final damage award.

How Our Team Helps Motorcycle Accident Victims by Working With Co-Counsel Near You

The Goldwater Law Firm has law firm partners working with accident victims in all 50 states. Our award-winning firm has helped crash victims for more than 20 years and continues to do so by working with co-counsels nationwide. We are one of the most widely recognized names in personal injury law in the United States. Let us show you why we have a reputation for results.

We form strategic partnerships with some of the country’s largest and most successful law firms, working with law firm partners to manage cases and represent clients. You can expect to be treated with compassion and respect while receiving aggressive representation that advocates for your best interests and fights for maximum compensation.

Our law firm partners work based on contingency. Your current financial standing should not prevent you from working with an attorney who can help you secure the payout you may qualify to recover. Having no upfront fees and only getting paid from the money they secure allows our co-counsels to build a strong case for you without you needing to worry about affording legal help. It also ensures that your legal team is as dedicated to your case as you are.

Motorcyclists Often Suffer Serious Injuries in Collisions

Some of the treatment and care an injured motorcyclist might require include:

• Emergency medical care
• Ambulance transportation or medevac airlift
• Emergency department assessment
• Hospitalization
• Orthopedic surgery
• Neurosurgery
• Skin grafts and burn treatment
• Reconstructive or plastic surgery
• Physical therapy
• Occupational therapy
• Speech therapy
• Cognitive therapy
• Mental health counseling
• Long-term nursing care
• In-home assistance
• Home modifications
• Medical equipment
• Pain management
• Follow-up medical visits

Motorcycle accident victims in Pennsylvania can receive care at many facilities, depending on their needs. This could include:

• Trauma centers, such as Penn Presbyterian Medical Center in Philadelphia, UPMC Presbyterian in Pittsburgh, and Lehigh Valley Hospital in Allentown
• Local hospitals and emergency departments for immediate acute care
• Rehabilitation centers, like Good Shepherd Rehabilitation in Center Valley or Magee Rehabilitation Hospital in Philadelphia
• Specialty clinics for neurology, orthopedics, pain management, and other needs
• In-home care services

Access to care often depends on the severity of the injury, insurance coverage, and geographic location. Your attorney may be able to help you get placement in a rehab facility or connect you with a specialist. They will have access to our extensive network of experts, and some may provide care in addition to helping support your case.

The costs of medical care for motorcycle accident injuries can be astronomical, but your attorney can include your medical expenses in your demand for compensation.

What Damages Might Be Available in a Motorcycle Accident Case?

A motorcycle accident case aims to get justice and make you whole. Recovering compensation and holding the at-fault party responsible ensures you can cover the cost of your treatment and help you overcome the expenses and losses you endured.

Your attorney will pursue damages through an insurance claim or lawsuit. This could include money for:

Economic Damages

• Medical expenses for past and future care
• Rehabilitation, ongoing treatment, and in-home care and assistance
• Lost income
• Reduced earning capacity
• Property damage to your motorcycle or other personal property
• Out-of-pocket expenses with receipts

Non-Economic Damages

• Pain and suffering
• Trauma and emotional distress
• Disfigurement, scarring, and lasting disability
• Mental anguish

Wrongful Death Damages in Fatal Crashes

• Funeral and burial expenses
• Loss of financial support
• Loss of services, guidance, and comfort
• Loss of consortium
• Medical expenses incurred before death

What It Takes to Prove a Pennsylvania Motorcycle Accident Case

When another driver causes a motorcycle crash, victims have the right to hold them legally responsible and recover damages. However, this process requires establishing liability. This requires having evidence to show:

• The other party owed you a duty of care.
• They breached that duty, usually through negligent driving.
• The breach caused the accident.
• You suffered damages as a result.

When you work with one of our co-counsels near you, they will build your case. This includes investigating what happened and preserving the evidence that tells the story. This could include:

• Police accident reports
• Eyewitness statements
• Photos of the scene and all vehicles involved
• Surveillance, traffic camera, or dashcam footage
• Medical records relevant to the case
• Expert witness testimony
• Accident reconstruction data
• Vehicle damage assessments
• Documentation of damages

How Long Do I Have to File a Lawsuit Against the At-Fault Driver?

Most cases settle out of court. Only occasionally does a motorcycle accident case need to go before a judge and jury to get a verdict and ask for a fair court award. Often, an attorney can negotiate a fair settlement.

However, protecting your right to file a lawsuit is important for several reasons.

First, filing a lawsuit against the liable party is sometimes necessary. When you need to sue, 42 Pa. C.S. § 5524(2) typically gives you two years to do so. Missing this deadline could bar you from recovery, so you want to ensure you meet this deadline. You also want to have the right to sue, so you have leverage during negotiations.