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Motorcycle accident law in Pennsylvania covers the specific rights and responsibilities of motorcyclists who are injured or involved in accidents on the state's roadways. These laws determine how fault is assigned, what types of compensation may be available, and the procedures for filing insurance claims or lawsuits. Because motorcyclists are more exposed than occupants of cars and trucks, the injuries resulting from motorcycle accidents are often more severe, making legal guidance especially important for protecting your rights and securing fair compensation.
After a motorcycle accident in Pennsylvania, you may face numerous challenges that can make it beneficial to seek legal assistance. Some common situations include:
A lawyer experienced with motorcycle accident cases can help ensure your rights are protected, gather crucial evidence, handle paperwork and negotiations, and represent you in court if necessary.
Pennsylvania has several laws that specifically apply to motorcycle operators and affect accident claims:
Understanding these local laws is essential, as they have a direct impact on your ability to seek compensation and the steps you need to take following a motorcycle accident.
Make sure everyone is safe, call 911 if there are injuries, exchange information with other parties, take photos of the accident scene, and file a police report. Seek medical attention even if you do not think you are seriously hurt. Notify your insurance company promptly.
Not wearing a helmet may not automatically prevent you from recovering damages, but it can affect claims related to head injuries. Insurance companies may argue that your injuries were worse because you did not wear a helmet, potentially reducing your compensation for those specific injuries.
Yes, if the crash involves injury, death, or property damage that makes a vehicle undrivable, you must notify law enforcement.
Under Pennsylvania law, you may still recover compensation if you are not more than 50 percent at fault. Your compensation will be reduced by your percentage of fault.
Motorcycle insurance does not include “no fault” Personal Injury Protection for the rider and passengers. This means motorcycle accident victims often must seek compensation directly from the at-fault party’s insurance or through a lawsuit.
If the at-fault driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist coverage, if you purchased it as part of your motorcycle insurance policy.
Generally, you have two years from the date of the accident to file a lawsuit for personal injury or property damage resulting from a motorcycle accident in Pennsylvania.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages.
Eligible family members may file a wrongful death claim to seek compensation for funeral expenses, loss of income, loss of companionship, and other damages resulting from the wrongful death.
It is usually best to avoid speaking directly with the other party’s insurance company without first consulting a lawyer. Insurance adjusters may try to obtain statements or information that could harm your claim.
If you are seeking legal help or additional information after a motorcycle accident in Pennsylvania, the following resources may be helpful:
If you or a loved one has been involved in a motorcycle accident in Pennsylvania, take these steps to protect your rights and interests:
Time is an important factor after a motorcycle accident, especially in light of Pennsylvania’s statute of limitations for filing claims. A lawyer can guide you through the claims process, protect your rights, and help you improve your chances of securing fair compensation for your injuries and losses.
