Motorcycle Accident FAQ

If you are filing a claim with an insurance company after a motorcycle accident, an injury attorney can help you secure a fair amount of compensation and make certain that your claim is not denied, delayed, or underpaid. In addition, if the insurance company refuses to negotiate or settle your case, an experienced Philadelphia motorcycle accident attorney can take your case to court, where a jury or judge will make the final decision.

Although all injury attorneys are technically able to help you with your injury claim, someone who has extensive experience with motorcycle accident cases may prove to be the better choice. Motorcycle accidents differ from other types of vehicle accidents in several key ways, and having an accident attorney in Philadelphia who is familiar with the special nuances of motorcycle accidents could affect the final outcome of your case. It only makes good sense to choose a Philadelphia motorcycle crash attorney who is skilled in motorcycle injury cases.

Tragically, a high percentage of motorcycle accidents end with a fatality. If your loved one’s motorcycle accident was caused by the negligence of another party, you may be able to file a wrongful death claim and collect compensation for medical expenses, lost wages, lost future wages, and pain and suffering. Your loved one might not have been at fault for his or her accident if the crash was due to another driver, an unsafe roadway, or a defective product (such as a motorcycle part or motorcycle helmet).

In most cases, under Pennsylvania law, experienced motorcycle riders over the age of 21 are not required to wear a safety helmet. This means that you may sue an at-fault party for medical expenses and other damages whether or not you were wearing a helmet at the time of the accident, even if your injuries included a head injury or traumatic brain injury.

Yes, Pennsylvania has comparative negligence laws that allow injury victims to collect damages even in some instances in which they were partially at fault for their accident. For example, if you were 20% liable for your injuries, you could collect 80% of your losses from the other at-fault party. If you are not sure whether you were at fault for your accident, or if you believe more than one party was at fault for your accident, speak to a motorcycle accident lawyer today.

The Pennsylvania statute of limitations for personal injury claims is two years from the date of your accident. If you were a minor at the time of your accident, you have two years from the date of your 18th birthday to file a claim. Filing a claim sooner rather than later increases your chances for a fair settlement and allows you to access your compensation more quickly. Contact our highly skilled Philadelphia motorbike accident lawyer as soon as possible.

Accepting a quick settlement is almost never a good idea because insurance companies very rarely offer adequate settlements quickly. In all likelihood, you are being offered a paltry sum in the hopes that you will “take the money and run,” thereby saving the insurance company a lot of money. Check with our Philadelphia motorcycle accident lawyer before accepting any settlement offer.

In such circumstances, courts almost always blame the automobile driver. It is possible that you might have also contributed to the accident, however. Even then, under Pennsylvania’s comparative negligence statute, you might still be able to recover reduced damages.

No. You should not speak with the other driver’s insurance company except through your injury lawyer. The insurance company’s goal is to minimize or deny your claim, and they have many tricks up their sleeve. As a highly experienced Philadelphia motorcycle accident lawyer, I know their tricks and I will not fall for them.

Under Pennsylvania’s wrongful death statute, the personal representative of the victim’s estate (named in the will or appointed by a court) can file a lawsuit on behalf of the victim’s estate and close relatives. If he or she does not do so within six months, the beneficiaries of the victim’s estate can file the lawsuit.

Usually, but not always. Some of the most common ways that automobiles cause motorcycle accidents are:

• Failing to take into account the driver’s blind spot
• Failure to yield
• Intoxicated or distracted driving
• Tailgating
• Speeding
• Misjudging the motorcycle’s speed

Yes, absolutely. A good Philadelphia motorcycle accident lawyer will know how to gather evidence that deteriorates over time (witnesses whose memories fade, for example), and he or she will know how to deal with duplicitous insurance companies and their bag of tricks. Having a knowledgeable Philadelphia motorcycle accident attorney on your side will help you navigate through accident claim and get you the compensation you deserve.

It is generally easier to settle, and that is what happens most of the time. It is important, however, that you show the other side that you remain ready and willing to litigate in court; otherwise, the insurance company will have no motivation to settle with you for a fair amount.

Mandatory Pennsylvania auto insurance includes uninsured/underinsured motorist coverage of $15,000 per victim and $30,000 per accident. If this is not enough, your health insurance policy might apply, or you might seek compensation out of the at-fault driver’s personal assets. Ideally, you elected to further cover yourself with “Uninsured/Underinsured Motorist Coverage” if the at-fault vehicle is either uninsured, or there is not enough insurance to cover all of your damages.

This answer may actually surprise you. According to the Insurance Institute for Highway Safety, there are differences in the accident and fatality rates of various types of motorcycles. If you are a bike aficionado, then you likely already know that there are several different classifications of motorcycles:

• Cruisers – American bikes like Harleys and Indian cruiser style bikes
• Standards – user-friendly bike with standard design
• Supersports – these are racing motorcycles with high power and low weight, built for speed
• Sports – these are similar to supersports, but without the quick acceleration or high power
• Sport-touring – this is a hybrid of sport bikes and touring bikes, with elements of each
• Touring – these bikes are built for comfort. They are generally larger than other bikes, have room for storage, stereos, and big windshields to protect the driver during longer rides
  
  

Of all of these classifications, cruisers are the most popular bike on the road today. And generally speaking, there are far less accidents on cruisers, standards, and touring bikes. The highest rate of accidents and fatalities occurs on Supersports bikes. In fact, a study by the IIHS found that the drivers of Supersports bikes had a death rate that was 4 times the death rate of the other classifications of motorcycles.

Experts are not always needed for every case, but in most cases, they certainly cannot hurt. It actually depends on how cooperative the opposing insurance company is being during negotiations. If the insurance company is fighting the idea that the other driver was at fault for the accident, it may be time to call in an expert or two. They can assess all the evidence that your attorney has put together, and can assist in forensically analyzing exactly how the accident happened. Sometimes, in cases where the insurance company is being particularly uncooperative, accident re-enactments can be diagrammed and presented as part of mediation. Such demonstrations by an expert can go a long way in moving a stubborn insurance company to make a better offer – or face trial complete with expert testimony.