Best Motorcycle Accident Lawyers in Scranton

About Motorcycle Accident Law in Scranton, United States

Motorcycle accidents are a significant concern in Scranton, Pennsylvania, and often result in severe injuries or fatalities given the lack of protection compared to other vehicles. Motorcycle accident law involves navigating a complex set of legal issues, including liability, negligence, and insurance claims, to seek compensation for injuries and damages. In Scranton, this area of law is governed by Pennsylvania state laws, as well as local ordinances, making it advisable to work with an attorney familiar with these jurisdictions.

Why You May Need a Lawyer

There are several situations in which individuals involved in a motorcycle accident may require legal assistance. Firstly, if you’ve sustained significant injuries or property damage, an attorney can help you pursue a claim for compensation. Insurance companies may attempt to minimize payouts, so legal representation ensures that your interests are advocated for. Additionally, if liability for the accident is in dispute, a lawyer can gather evidence, reconstruct the accident, and build a robust case to prove fault. Finally, legal help may also be necessary to negotiate settlements or, if needed, pursue litigation in court.

Local Laws Overview

The state of Pennsylvania requires motorcyclists to follow specific regulations, such as helmet laws for riders under 21 or riders with less than two years of experience passing a Motorcycle Safety Foundation training course. Moreover, motorcycle operators must carry liability insurance. In the context of accidents, Pennsylvania follows a "modified comparative negligence" rule, meaning a plaintiff can recover damages as long as they are less than 51% at fault for an accident. Damages may be reduced by their percentage of fault.

Frequently Asked Questions

What should I do immediately after a motorcycle accident in Scranton?

Ensure your safety and seek medical attention immediately. Call 911 to report the accident. Document the scene with photos if possible and exchange contact and insurance information with other parties involved.

How is liability determined in a motorcycle accident?

Liability is determined by examining evidence such as police reports, eyewitness accounts, and physical evidence from the scene. A lawyer can help gather and present this evidence effectively.

What types of compensation can I claim after a motorcycle accident?

You may claim compensation for medical expenses, property damage, lost wages, pain and suffering, and any permanent impairment. A legal expert can provide a detailed assessment based on your circumstances.

How long do I have to file a lawsuit after a motorcycle accident?

In Pennsylvania, the statute of limitations for personal injury claims, including motorcycle accidents, is generally two years from the date of the accident. Filing beyond this window may result in losing the right to sue.

Can I recover damages if I wasn’t wearing a helmet?

If you are over 21 and legally not required to wear a helmet, you can still pursue a claim. However, the defense may argue comparative negligence, potentially reducing your compensation.

Will my insurance rates go up after a motorcycle accident?

Your insurance rates may increase if you are found at fault for the accident. Each insurance company has different policies on how accidents affect premiums.

Do I need to report my motorcycle accident to my insurance company?

Yes, you should report the accident to your insurance company as soon as possible. Failure to do so may affect your ability to claim compensation.

Can a passenger injured in my motorcycle accident make a claim?

Yes, passengers can file claims against the rider’s insurance policy or any negligent third party involved in the accident.

What if the other driver involved is uninsured?

If the other driver is uninsured, you may seek compensation through your insurance policy, provided you have uninsured motorist coverage.

Is a police report necessary for my motorcycle accident claim?

While not strictly necessary, a police report provides an authoritative account of the accident and may support your claim.

Additional Resources

Seek assistance from organizations such as the Pennsylvania Department of Transportation for safety resources and the Pennsylvania Bar Association for attorney referrals. Scranton’s local government may also offer community-specific support services.

Next Steps

If you need legal assistance, start by consulting with a specialized motorcycle accident attorney. Gather all relevant documents, including insurance policies, medical records, and any accident-related correspondence. Scheduling a consultation can provide insight into your options and help develop a strategy for pursuing your claim. Consider reaching out to local bar associations for a list of qualified lawyers in Scranton. Acting promptly is crucial due to the aforementioned statute of limitations.