While riding a motorcycle can be exhilarating, it is also a dangerous mode of transportation, often leaving the driver vulnerable. A motorcycle accident can have devastating impacts on a person’s life, often causing life-changing injuries and sometimes even death.
Damages from a motorcycle crash can be substantial, which makes it critical to analyze all possible legal options following the accident. Due to the significant injuries and damages that can be sustained in a motorcycle accident, legal consultation is critical.
Call our motorcycle accident lawyers or use our online contact form to set up a free consultation with a personal injury lawyer in Philadelphia. This consultation will enable us to explore your accident and determine your legal options. This appointment offers no unnecessary pressure, commitment, or stress, just information and insight.
Review Your Legal Options After a Motorcycle Crash
It is no secret that motorcyclists are required to follow all of the same rules of the road as every other motor vehicle. As with car accidents, one of the biggest causes of motorcycle accidents is driver negligence. When a motorist is acting negligently and is not meeting their duty of care, they may cause a serious accident.
The Pennsylvania motorcycle accident attorneys at Rand Spear have experience and success in proving that negligence caused a motorcycle crash. Our car accident attorneys will guide you through the legal process to hold the negligent party accountable and win the compensation you deserve.
How to Determine Liability in a Motorcycle Accident
A personal injury lawsuit seeks to hold a negligent party responsible for their actions. The injured party must prove this negligence by satisfying the burden of proof. One of the most important things you can do when trying to prove another party’s negligence is to obtain some sort of physical evidence.
The benefit of hiring a motorcycle accident attorney in Philadelphia, PA is their experience and ability to gather evidence that shows the driver’s behavior directly caused your accident and injuries. Some actions that can help prove negligence are listed below:
- Collect photographs or video either depicting the accident from a dashboard camera or taken by a cell phone after the incident, showing the accident scene and damage to the vehicles involved.
- Contact law enforcement immediately after the accident so they can document the accident scene and file a police report.
- Seek immediate medical attention following an accident so a medical professional can identify and treat your injuries while providing you with medical documents for the sustained injuries.
- Collect contact information from witnesses who saw the accident to provide testimonials.
Immediately following a motorcycle accident, it is critical to follow our post-accident checklist if possible. This allows you to start collecting information and evidence, which can help you in your motorcycle accident injury claim.
Philadelphia Motorcycle Accident Lawyer Near Me (215) 985-2424
Available Damages After a Motorcycle Accident
If you decide to sue a negligent party, you could receive a payout for your injuries. Your motorcycle accident attorney will need to prove the other driver is responsible for the incident. Examples of the damages for which you could receive compensation include:
- The physical and emotional impact of your injuries
- Reduction in the pleasure you attain from normal life activities
- Costs associated with medical treatment
- Expenses related to rehabilitation from your injuries
- Loss of present and future earnings
- Property damage for your motorcycle and any other property damaged in the crash
- Punitive damages if the liable party’s actions were exceedingly reckless or negligent
- Burial expenses if the injuries result in your death
Your Rand Spear attorney will serve as your trusted adviser throughout the process. We will start by setting up a free consultation to learn more about your situation and develop a targeted legal strategy. We will explain all your available options and make informed recommendations regarding the most viable path forward.
You can make your decision on how to proceed without pressure. Our team will always act in your best interests. Your attorney will assess the viability of a motorcycle accident injury claim in each area and recommend the most appropriate legal remedy.
Filing Your Motorcycle Accident Lawsuit on Time Is Critical
In Pennsylvania, accident victims are generally permitted two years from the date of the crash to file a lawsuit with the liable party. In most cases, missing this statute of limitations deadline will signify the end of your right to pursue compensation.
However, there are cases where the normal deadline can be extended. Your case’s specific details will determine whether you are still eligible to file after the standard two years have passed.
While, on the one hand, you may be able to pursue compensation after the typical two-year deadline, you may also find that the details of your case allow you far less than the normal two years to file. Hiring an experienced attorney after your accident is the best way to ensure you meet all deadlines and protect your right to recover damages.
Why You Should Demand Rand
Our team has extensive experience representing motorcyclists in accident cases. We understand that the injuries riders sustain can be devastating and life-altering. In addition to the debilitating medical issues, these crashes can have significant long-term financial ramifications, and emotional trauma can last for years.
We know how to investigate motorcycle accidents and recognize the telltale signs of the other driver’s negligence. Our team will gather all the essential information, including medical records, police reports, and eyewitness accounts, and use this data to meet the burden of proof these cases require.
Specific reasons to choose our law firm include:
- Attentive service: We understand that legal matters are complicated and confusing. Our attorneys will take the time to answer your questions and address your concerns.
- Professional team: Our lawyers pay close attention to every detail. Experience has taught us that minor, seemingly insignificant facts often hold the key to a case.
- Stellar reputation: Rand Spear Personal Injury Attorneys has been helping people like you for over 30 years. We have earned the trust of accident victims and their families during the most challenging life circumstances.
- No fee guarantee: With our no fee guarantee, we will not collect payment for your case unless you win. This allows all accident victims to hire an experienced attorney to help get them the money they need.
How to Afford a Motorcycle Accident Attorney
When you hire a Philadelphia motorcycle accident attorney from our firm, you will never pay a fee until the completion of your case. There is no cost to retain our services, and we do not charge an hourly rate. Instead, we collect a single fee when you recover compensation from the liable party.
This fee is assessed as a fixed percentage of the money you receive from the at-fault party and is taken directly from the settlement or court-ordered payout. That means you will never pay a single penny out of your own pocket. There is no risk involved with hiring a personal injury lawyer from our firm, so don’t hesitate to reach out and schedule your free case evaluation today.
Philadelphia Motorcycle Accident Causes
Poor road designs, hazardous weather conditions, and faulty parts are all causes of motorcycle accidents. The most common cause of an accident is negligence, which makes these motorcycle accidents even more tragic. Here is a list of negligent behavior that causes motorcycle crashes:
- Smoking while driving
- Texting while driving
- Using a GPS or otherwise navigation directions while driving
- Drunk driving
- Drugged driving
- Drowsy driving
- Failing to comply with traffic signs or lights
- Reckless driving
Motorcycle Helmet Laws
In Pennsylvania, motorcycle drivers over the age of 21 who have had their license for two years or completed the motorcycle rider safety course are not required by law to wear a helmet when riding. Passengers who are over 21 are also permitted to ride without a helmet as long as the driver is not required to wear one.
Passengers with their learner’s permit must wear a helmet, regardless of their age. All drivers and passengers who are under 21 years of age are required to wear a helmet. In addition, all drivers must wear eye protection when riding.
Pennsylvania Shared Fault Laws
Do not be surprised if the liable party blames you for causing her injuries. After a motorcycle accident, one of the top ways defendants escape financial liability is by accusing the injury victim of being responsible for causing the accident. Under 42 Pa. C.S. §7102, even if you are partially at fault, Pennsylvania operates under a modified comparative negligence system.
This means if you are partially to blame for the injuries you have suffered, you can still recover compensation as long as your portion of the fault is not greater than 51%. For those who share more than 51% of the blame for the accident, you will lose the right to pursue your case at trial. However, for those whose portion of blame is 51% or less, you can recover the compensation you are due at a reduced rate.
How Modified Comparative Negligence Affects Motorcycle Accident Victims
If a motorcyclist was riding along the outskirts of Philadelphia without a helmet and subsequently suffered a traumatic brain injury after being struck by a drunk driver, the judge might find the motorcyclist partially to blame. If, say, 5% of the blame was assigned to the motorcyclist, the amount of compensation they would recover would be reduced by 5%, leaving them with 95% of their settlement.
It is easy to become confused by Pennsylvania’s modified comparative negligence laws. However, with help from a reputable motorcycle accident lawyer in Philadelphia, PA, you can not only ensure you are informed about how the laws work but feel confident that liability has been assessed accurately so you are not taken advantage of during this challenging time in your life.
Call a Motorcycle Accident Attorney in Philadelphia, PA for Help Today
Following a motorcycle accident, an injured party is left with numerous hurdles, including serious injuries, expensive damages, lost wages, and financial burdens. At Rand Spear, we have experience working with clients who have suffered motorcycle accident injuries and will guide you through the legal process to earn you your rightful compensation.
We are the right law firm to have by your side because our legal team will go the distance for you and win. If you or a loved one has suffered a motorcycle accident, contact RAND SPEAR THE ACCIDENT LAWYER to set up a free consultation. Contact us today for a free consultation and to get a Philadelphia motorcycle injury lawyer in your corner.