Motor Accident Cases
What Makes Motorcycle Accidents Different From Auto Accident Cases, Specifically Regarding Injuries And Coverage?
The key difference between a motorcycle accident and an automobile accident is that you are likely to be dealing with much more significant injuries in a motorcycle accident. On a motorcycle, there is no metal around you to protect you and you are much more susceptible to bodily injury. In Pennsylvania, you are also going to be dealing with a whole different set of insurance coverage. Motorcycles are automatically full tort in Pennsylvania. However, the most important thing to have on your motorcycle policy is uninsured and underinsured motorist coverage because that is the coverage that is going to cover you in the event that the at-fault party is not insured or is underinsured. In a motorcycle accident, there is a good chance that your injuries will exceed the at-fault driver’s policy limits and you will have to access your own insurance in order to be fully compensated.
What Types Of Injuries Do Motorcycle Riders Generally Sustain From These Accidents?
In the absence of a catastrophic accident, the most common motorcycle accident injury is a fractured ankle. Even at a low speed, a motorcyclist who has been hit by another vehicle is likely to come down on their ankle or leg. This is one reason it is so important for a motorcyclist to have proper footwear while riding a motorcycle. Other common injuries include head trauma, concussions, broken bones, road rash, and spinal injuries.
What Do You Look For When Determining Whether A Client Has A Viable Motorcycle Accident Case?
If you have been injured in a motorcycle accident, one of the most important things to do is immediately hire an attorney. Most people drive cars, and as a result, most people tend to be somewhat biased against motorcyclists. You may have an issue with liability as the car driver will try to blame you for the accident. By nature, motorcycles are faster than cars, but just because the vehicle is faster does not mean that the motorcyclist was speeding or otherwise at fault for the accident. It is important to have an attorney investigate and establish who was at fault for the accident.
How Long Do I Have To File A Claim After A Motorcycle Accident And Injury?
For a motorcycle accident, you have two years from the date of the accident to file the claim. If you have underinsured motorist coverage, then you have a contractual claim with your own insurance company, which has a four-year statute of limitations. However, underinsured motorist claims can be very complex and that statute of limitations can be contingent on the third-party two-year statute of limitations. It is very important to retain a lawyer as soon as possible so you do not miss any deadlines.
What Is The Most Common Cause of Motorcycle Accidents?
The most common cause of motorcycle accidents is a driver who turns left in front of a motorcyclist. Even if a motorcyclist has a green light, it is important for them to be aware of the fact that the drivers turning to the left may not see them.
If I’m Partially At Fault For the Motorcycle Accident, Do I Still Have A Chance To Recover Anything Financially?
Pennsylvania is a comparative negligence state, which means that in order to not recover at all, you would have to be found more than 51 percent at fault. Even if you are 49 percent at fault, you can recover for any injuries you sustained.
How Important Is The Investigation In Motorcycle Accident Cases? What Evidence Are You Looking For?
In motorcycle investigation cases, you are generally looking at accident reconstruction. You will be looking for the point of impact, skid marks, and whether the bike travelled a distance on the ground. In a motorcycle accident, you are going to be looking at the trajectory of the bike. If you were thrown from the bike, you will need to look at the trajectory of your person, whether you hit any obstacles, and the point of impact between the car and the motorcycle.
Are Cyclists Required To Wear Helmets Or Other Safety Gear In Pennsylvania, And What Will It Mean For My Case If I Was Not Wearing Gear?
In Pennsylvania, there is no law requiring that you wear a helmet, so it will not affect liability in your case, nor your ability to recover compensation.
If My Motorcycle Accident Involved Me Receiving A Ticket, Will I Still Have A Case Or Is My Case Doomed?
If you receive a ticket, the fate of your case will depend on the nature of that ticket. If you receive a ticket in a motorcycle accident in which you were injured, you should immediately retain an attorney. If you are found guilty of the ticket, then it could affect your case. However, it may be possible to have your attorney go to court and get the ticket dismissed.
What Is The Value In Hiring An Attorney Who Is Also A Motorcyclist?
As a motorcyclist, I can relate to dealing with aggressive drivers who don’t leave extra room on the road or who tailgate motorcycles. I also understand how motorcycles operate in the sense that I understand how to control them and their speed; it is entirely possible to be going fast on a motorcycle and not be going above the speed limit. I know the rules of the road, proper motorcycle safety, and how to explain a motorcycle accident in a way that helps to pierce through any preconceived biases against motorcyclists.