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Motorcycle accidents do not always involve another vehicle, truck, or motorcycle. A motorcycle accident frequently results from the driver attempting to get out of the way of another vehicle being driven by a reckless or distracted driver. By trying to avoid being hit the motorcyclist can inadvertently end up in a motorcycle accident. The resulting crash does not automatically mean that the motorcycle operator was at fault.
At the Law Offices of Deborah M. Truscello, we know how traumatic it is to be an injured motorcyclist. You may have suffered serious injuries, incurred medical bills, hospital bills, pain and suffering, emotional distress, lost income, property damage, and future wages. You are entitled to seek compensation when injured in a motorcycle crash. An experienced accident lawyer will know how to deal with the insurance company, and pursue your motorcycle accident claims in court.
In Pennsylvania, motorcycle accidents can occur due to various factors. While each accident is unique, some common causes of accidents motorcycle accident lawyers see in Pennsylvania include:
Motorcycles are smaller and less visible than other vehicles on the road, making them more susceptible to accidents caused by drivers who fail to notice them or are distracted by activities such as texting, talking on the phone, eating, or adjusting the radio.
Accidents often occur when a motorist fails to yield the right-of-way while making a left turn, cutting off an oncoming motorcycle. This type of collision can be particularly dangerous for motorcyclists.
Lane splitting occurs when a motorcycle drives between two lanes of stopped or slow-moving traffic. This is illegal in Pennsylvania and can lead to serious accidents if cars in the lane fail to notice the motorcyclist.
Excessive speeding and aggressive driving behaviors, such as tailgating or weaving in and out of traffic, can significantly increase the risk of accidents involving motorcycles.
Operating a vehicle under the influence of alcohol or drugs impairs judgment, reflexes, and coordination, making it a significant cause of motorcycle accidents in Pennsylvania.
Uneven pavement, potholes, debris, oil spills, or other hazardous road conditions can pose a greater danger to motorcycles due to their smaller size and reduced stability compared to larger vehicles.
“Dooring” accidents occur when a driver or passenger of a parked vehicle opens a car door without checking for approaching motorcycles, leading to a collision.
Lack of experience and inadequate motorcycle training can contribute to accidents, particularly when riders are not familiar with handling techniques or fail to understand the unique dynamics of riding a motorcycle.
It’s important to note that determining the specific cause of a motorcycle accident requires a thorough investigation of the unique circumstances, which may involve gathering evidence, analyzing witness statements, assessing police reports, and consulting with accident reconstruction experts and medical experts.
If you’ve been involved in a motorcycle accident, consulting with Deborah M. Truscello, a skilled motorcycle accident lawyer, can help you understand your rights, establish liability, and pursue a claim to recover compensation. Every personal injury claim involving a motor vehicle of any type requires the skills of an experienced attorney. You have rights and legal help is a call away to Deborah M. Truscello, an experienced motorcycle accident attorney.
A motorcycle crash can result in a wide range of serious injuries, varying in severity depending on the circumstances of the accident.
Some of the most common injuries sustained by motorcycle riders in motorcycle accidents include:
Head & Neck Injuries: Head injuries, including traumatic brain injuries (TBIs), concussions, skull fractures, and facial fractures, are a significant concern in motorcycle accidents, even when riders are wearing helmets. These injuries can long-term affect cognitive function, motor skills, and overall quality of life.
Road Rash: Road rash occurs when a motorcyclist’s unprotected skin slides along the road surface after being thrown off the bike. It can range from minor abrasions to deep lacerations, which may require extensive medical treatment, including skin grafts and rehabilitation.
Fractures and Broken Bones: Motorcycle accidents commonly result in fractures and broken bones due to the impact and forces involved. Fractured limbs, such as arms, legs, wrists, and collarbones, are frequently observed injuries.
Spinal Cord Injuries: The impact of a motorcycle accident can lead to spinal cord injuries, including herniated discs, spinal fractures, and even paralysis. These injuries often require immediate medical attention and long-term rehabilitation.
Internal Organ Injuries: The force of impact in a motorcycle accident can cause internal injuries, such as damage to organs like the liver, spleen, kidneys, or lungs. These injuries can be life-threatening and may require emergency surgical intervention.
Soft Tissue Injuries: Ligament sprains, muscle strains, and tears are common in motorcycle accidents. These injuries can cause significant pain, and limited mobility, and require medical treatment and physical therapy.
Limb Amputations: The severity of a motorcycle accident can result in traumatic amputations or the need for surgical amputations due to severe injuries to limbs.
Psychological Trauma: Motorcycle accidents can also cause significant psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues. These injuries may require therapy and counseling to help with the recovery process.
It’s important to seek immediate medical attention after a motorcycle accident, even if injuries may initially appear minor. Some injuries may not be immediately evident, and prompt medical evaluation can help detect and treat injuries before they worsen.
Additionally, consulting with skilled motorcycle accident attorneys can help protect your rights, assess the value of your claim, and pursue fair compensation for your injuries and damages.
The amount of monetary compensation you can collect in motorcycle accident cases depends on various factors, including the extent of your injuries, the damages you have suffered, the degree of fault of each party involved, and other relevant circumstances of the case. There is no predetermined or fixed amount that applies to all motorcycle accident lawsuits.
In a personal injury lawsuit stemming from a motorcycle accident, you may be eligible to seek compensation for the following types of damages:
Medical Expenses: This includes past and future medical bills related to your injuries, such as hospitalization, surgeries, medications, rehabilitation, physical therapy, and other necessary medical treatments.
Lost Wages: You can claim compensation for the income you lost due to being unable to work while recovering from your injuries. If your injuries affect your ability to work in the future, you may also be able to seek damages for lost earning capacity.
Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and diminished quality of life, are also recoverable in Pennsylvania.
Property Damage: You can seek compensation for the damage to your motorcycle or any personal property that occurred during the accident.
Loss of Consortium: If your injuries have affected your relationship with your spouse or caused the loss of companionship, you may be able to claim damages for loss of consortium.
Punitive Damages: In rare cases where the at-fault party’s actions were particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer and deter others from engaging in similar behavior.
It’s important to note that Pennsylvania follows a modified comparative negligence rule. So long as you are not more than 50% responsible for the accident you can file a lawsuit and any award will be reduced by your amount of negligence. However, if you are 51% responsible for the accident, you will not be eligible to recover damages.
Because the amount of compensation in a motorcycle lawsuit can vary significantly based on individual circumstances, it is advisable to consult with accident lawyers. Experienced motorcycle accident lawyers can assess the specific details of your case, calculate the potential value of your claim, and help you navigate the legal process to seek fair compensation for your injuries and damages.
If you have been involved in a motorcycle accident, it’s essential to take certain steps to protect yourself, your rights, and your potential claim for compensation.
Here’s what you should do:
Ensure Safety: First and foremost, check yourself and others for injuries. If anyone is seriously injured, call for emergency medical assistance immediately.
Move to a Safe Location: If possible and safe to do so, move your motorcycle and yourself to the side of the road or a safe area to avoid further danger from traffic.
Call the Police: Report the accident to the police, providing them with accurate and detailed information about the incident. Ask for a copy of the police report later, as it will be essential for your insurance claim and any potential lawsuit.
Exchange Information: Obtain contact and insurance information from all parties involved in the accident, including drivers, passengers, and witnesses.
Document the Scene: Take photographs of the accident scene, the damaged vehicles, road conditions, and any relevant signs or signals. This documentation can be valuable evidence later.
Seek Medical Attention: Even if you believe your injuries are minor, it’s crucial to get a medical evaluation as soon as possible. Some injuries may not be immediately apparent, and timely medical documentation can strengthen your case.
Preserve Evidence: Preserve any evidence related to the accident, including your damaged motorcycle and any relevant belongings. Do not repair or dispose of anything until you’ve spoken with your attorney or insurance company.
Notify Your Insurance Company: Promptly notify your insurance company about the accident, providing them with the necessary information about the other parties involved. Cooperate with your insurer’s investigation, but avoid admitting fault or making formal statements without consulting an attorney first.
Contact a Motorcycle Accident Lawyer: Experienced motorcycle accident lawyers can guide you through the legal process, protect your rights, investigate the accident, gather evidence, and negotiate with insurance companies on your behalf. Many Philadelphia motorcycle accident attorneys offer a free consultation and you should take advantage of that offer.
Avoid Discussing the Accident: Avoid discussing the accident on social media or with anyone other than your attorney, your insurance company, or the police.
Keep Records: Maintain a detailed record of all medical treatments, expenses, and any other losses you incurred due to the accident.
Remember, time is of the essence in motorcycle accident cases, as there are deadlines for filing claims and potential lawsuits. Consulting with a skilled motorcycle accident attorney like Deborah M. Truscello can help ensure you take the right steps to protect your interests and seek fair compensation for your injuries and damages.
Pennsylvania follows a comparative negligence system, which means that even if you were partially at fault for the accident, you may still be able to recover damages. Your compensation may be reduced based on your percentage of fault. A lawyer can help investigate the accident, gather evidence, and argue for your fair share of responsibility.
In Pennsylvania, the statute of limitations for personal injury claims, including motorcycle accidents, is generally two years from the date of the accident. It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the applicable time limit.
Pennsylvania requires drivers to carry minimum liability insurance coverage. However, if the at-fault party is uninsured or underinsured, you may still have options for compensation. Your own insurance policy may include uninsured/underinsured motorist coverage, which can help cover your damages. An attorney can help navigate these complex situations.
If you, a loved one, or someone close to you has been injured in a motorcycle accident call (610) 892-4940 or fill out the form to obtain a free consultation and learn more about your legal rights.
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