What Should I Do After a Motorcycle Accident in Philadelphia?

Been in a motorcycle accident in Philadelphia? Don’t panic. Motorcycle accidents in Philadelphia can be devastating, but a few tips will help. Prioritize safety, seek medical help, document the scene, and contact the police. The injuries sustained in these crashes are often severe due to the limited protection motorcyclists have compared to car occupants.

Next, reach out to an experienced motorcycle accident lawyer. You need to protect your rights while also focusing on recovery. You could suffer significant physical, emotional, and financial losses, so it is crucial that you know what to do in your own best interests.

If you’ve been involved in a motorcycle accident in Pennsylvania, knowing these steps is crucial. For more details and tips based upon your unique situation, you should consult with a Pennsylvania motorcycle accident attorney who will assist with the legal process. You can also learn more about your next steps by reading on for essential information in the aftermath of such a traumatic event.

What To Do at the Scene of a Motorcycle Accident in Philadelphia

The immediate aftermath of a motorcycle accident can be chaotic. However, taking certain actions at the scene can be instrumental in protecting your rights and building a strong case.

Prioritize Safety: If you’re able, move your motorcycle to a safe location away from traffic. Your safety is paramount. If you’re unable to move, activate your hazard lights.

Seek Medical Attention: Call 911 immediately, even if you believe your injuries are minor. Some injuries may not manifest immediately.

Document the Accident: If possible, take photos of the accident scene, including the damaged motorcycle, other vehicles involved, road conditions, and any visible injuries.

Gather Information: Exchange information with the other parties involved in the accident, including names, contact details, insurance information, and driver’s license numbers.

Witness Statements: If there are witnesses, gather their contact information. Their accounts can be invaluable in building your case.

Avoid Admitting Fault: Do not discuss the accident with anyone other than the police. Avoid making any statements that could be construed as admitting fault.

To-Do’s After Motorcycle Accidents

Once you’ve received medical attention and left the accident scene, there are several crucial steps to take:

Contact Your Insurance Company: Notify your insurance provider about the accident as soon as possible. Provide accurate details about the incident.

Seek Legal Counsel: Contact a Philadelphia motorcycle accident attorney to discuss your case. An experienced attorney can guide you through the legal process and protect your rights.

Preserve Evidence: Keep copies of all medical records, police reports, accident scene photos, and any other relevant documentation.

Follow Medical Treatment: Adhere to your doctor’s treatment plan. Proper medical care is essential for your recovery and can strengthen your claim.

Document Your Losses: Keep a detailed record of all expenses related to the accident, including medical bills, lost wages, property damage, and other financial burdens.

Top Causes of Motorcycle Accident Injury in Philadelphia

Understanding the common causes of motorcycle accidents can help prevent future accidents and identify potential negligence on the part of other drivers. Statistics published by the Pennsylvania Department of Transportation (PENN DOT) indicate that almost 240 motorcyclists are killed in crashes annually, while another 3,200 suffer injuries. The top causes according to the data include:

Driver Error: Common driver errors include speeding, distracted driving, drunk driving, and improper lane changes.

Road Hazards: Poor road conditions, debris, potholes, and construction zones can pose significant risks to motorcyclists.

Vehicle Malfunction: Mechanical failures, such as brake failure or tire blowouts, can contribute to motorcycle accidents.

Uninsured or Underinsured Motorists: Collisions with drivers who lack adequate insurance can lead to financial hardship for motorcycle accident victims.

Understanding Claims and Negligence

Negligence is a legal concept that refers to the failure to exercise reasonable care. It forms the basis of a motorcycle crash claim as a theory of liability, since this type of case is a personal injury lawsuit. To successfully pursue a motorcycle accident claim in Pennsylvania, you must establish the four elements of a negligence case.

1. Duty of Care: The at-fault driver owed a duty of care to other motorists, including motorcyclists.
2. Breach of Duty: The driver failed to exercise reasonable care, resulting in the accident.
3. Causation: The driver’s negligence directly caused the accident and your injuries.
4. Damages: You suffered financial losses and personal injuries as a result of the accident.

How Pennsylvania Determines Fault in a Motorcycle Crash

The theory of negligence provides that motorists have a duty to operate their vehicles safely and responsibly, considering the potential risks to other road users, including motorcyclists. When a driver does not exercise reasonable care, motorcycle collisions happen. The definition of reasonable care is important in this context.

What is reasonable care in a PA motorcycle accident?

Reasonable care is a legal standard that measures how a person should behave in a given situation. In the context of motorcycle accidents, it means that motorists have a duty to act with the caution and prudence that an ordinary person would under similar circumstances.

For example, a driver must obey traffic laws, which includes adhering to speed limits, stop signs, traffic signals, and lane markings. Drivers should be aware of road conditions and be prepared to react accordingly. They must also avoid distractions, as focusing on the road and surroundings is essential for preventing accidents.

When sharing the road with motorcycles, drivers need to be aware of them. Riders are often harder to see than cars, so drivers must actively look for them and be prepared to share the road. Also, motorists must yield the right-of-way to motorcyclists when appropriate, such as at intersections or when merging lanes.

Motorcycle Crashes Caused by Breach of Duty

If a driver does not drive safely and their actions cause a motorcycle crash, they may be found negligent and held liable for the resulting damages. Examples of negligence that can cause motorcycle accidents include:

• Distracted driving: Texting, talking on the phone, or eating while driving can impair a driver’s attention and lead to accidents.
• Drunk driving: Operating a vehicle under the influence of alcohol or drugs significantly increases the risk of causing an accident.
• Speeding: Excessive speed reduces a driver’s reaction time and ability to control their vehicle, making accidents more likely.
• Failure to yield: Disregarding traffic signals, signs, or the right-of-way can result in collisions with motorcycles.
• Improper lane changes: Changing lanes without checking for motorcycles can lead to serious accidents.

Understanding Comparative Negligence Under Pennsylvania Law

Comparative negligence allows the court to apportion fault between the parties involved in an accident. If a motorcyclist is found to be partially at fault, their compensation will be reduced accordingly. For instance, if a jury determines that the motorcyclist was 20 percent responsible for the accident and the other driver was 80 percent responsible, the motorcyclist’s damages would be reduced by 20 percent.

Pennsylvania employs a comparative negligence system to determine fault in motorcycle accidents. This means that the injured party’s compensation can be reduced based on their degree of responsibility for the accident.

It’s crucial to note that Pennsylvania is also a no-fault insurance state. This means that your own insurance will typically cover your initial medical costs and some of your lost wages, regardless of fault. However, if your injuries are severe, you may be able to pursue a claim against the at-fault driver for additional compensation.

Types of Evidence Used to Prove Your Right to Compensation in a Motorcycle Accident Claim

To build a strong case, your attorney will gather various types of evidence to establish liability and the extent of your damages.

Police Report: This official document provides essential details about the accident, including the date, time, location, and involved parties.

Medical Records: Your medical records document your injuries, treatment, and prognosis, serving as crucial evidence of your damages.

Witness Statements: Eyewitness accounts can corroborate your version of events and strengthen your claim.

Photos and Videos: Visual evidence of the accident scene, your injuries, and property damage can be powerful tools.

Expert Testimony: In complex cases, expert witnesses, such as accident reconstructionists or medical professionals, may be called to provide specialized knowledge.

Insurance Documents: Your insurance policies and those of the other parties involved can be relevant to determining coverage and liability.

Steps in Motorcycle Accident Cases

The legal process after a motorcycle accident typically involves several key stages:

Investigation: Your attorney will thoroughly investigate the accident, gathering evidence and building a strong case.

Insurance Claims: Your attorney will negotiate with insurance companies to obtain fair compensation for your damages.

Settlement Negotiations: If a fair settlement cannot be reached, your attorney may initiate settlement negotiations.

Litigation: If necessary, your case may proceed to trial, where a jury will determine liability and damages.

Appeal: In some cases, the outcome of a trial may be appealed.

Identifying the Damages Recoverable After a PA Motorcycle Crash

Motorcycle accident victims may be entitled to various types of damages, including:

Economic Damages: These damages cover tangible financial losses, such as medical expenses, lost wages, property damage, and future earning potential.

Non-Economic Damages: These damages compensate for intangible losses, such as pain and suffering, emotional distress, loss of consortium, and disfigurement.

Punitive Damages: In cases of extreme negligence or reckless behavior, punitive damages may be awarded to punish the defendant.

Statute of Limitations for Pennsylvania Motorcycle Accidents

In Pennsylvania, the statute of limitations for personal injury claims arising from motorcycle accidents is generally two years from the date of the accident. This means that you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries and damages.

Consequences of Missing the Deadline

Failing to file a lawsuit within the two-year statutory period will likely result in your case being dismissed. This means you will lose the opportunity to recover compensation for your injuries, medical expenses, lost wages, and other damages. The court will bar your claim, and you will be unable to pursue legal action.

Exceptions to the Statute of Limitations- Minor Motorcycle Accident Victims

Pennsylvania recognizes the unique circumstances of minors who are injured in motorcycle accidents. To protect the rights of these young victims, the state has specific provisions regarding the statute of limitations.

Typically, a minor has until their 21st birthday to file a lawsuit for injuries sustained in a motorcycle accident. This is known as the “tolling of the statute of limitations.” Essentially, the clock stops on the statute of limitations while the child is a minor. Once the child turns 21, they have a limited amount of time, usually one to two years, to file the lawsuit.

This provision is in place to ensure that minors have ample time to recover from their injuries, understand the legal process, and make informed decisions about their case without the pressure of a looming deadline.

It’s important to note that while this general rule applies, there may be specific nuances or exceptions depending on the individual case. Consulting with an experienced Pennsylvania motorcycle accident attorney is crucial to fully understand the statute of limitations and to protect the rights of the minor victim.

It’s crucial to consult with an experienced Pennsylvania motorcycle accident attorney as soon as possible after an accident to understand how the statute of limitations applies to your specific case and to protect your rights.

What Factors Affect the Value of a Pennsylvania Motorcycle Accident Case?

Several factors can influence the value of a motorcycle accident claim:

Severity of Injuries: The extent of your injuries and their long-term impact will significantly affect the value of your claim.

Liability: The degree of fault assigned to the other party will determine the amount of compensation you can recover.

Economic Losses: The amount of your financial losses, such as medical bills and lost wages, will directly impact the value of your claim.

Non-Economic Damages: Factors such as pain and suffering, emotional distress, and loss of enjoyment of life can significantly impact the value of your claim.

Insurance Coverage: The available insurance coverage will affect the maximum amount of compensation you can recover.

Jurisdiction: The specific laws and regulations in Pennsylvania will influence the value of your claim.

Understanding these factors is essential for accurately assessing the potential value of your motorcycle accident case. Consulting with an experienced motorcycle accident attorney can provide valuable insights and guidance throughout the legal process.

How a Personal Injury Lawyer Helps with Motorcycle Accident Settlement

Because of the complexities of a motorcycle accident claim, a skilled personal injury lawyer is invaluable. An attorney can handle the legal aspects of your case, allowing you to focus on your recovery.

A personal injury lawyer will:

• Investigate the accident: Gather evidence, interview witnesses, and reconstruct the accident to build a strong case.
• Handle insurance claims: Negotiate with insurance companies to maximize your compensation.
• Calculate damages: Determine the full extent of your losses, including medical expenses, lost wages, pain and suffering, and property damage.
• Represent your interests: Advocate for your rights throughout the legal process, including negotiations and potential litigation.
• Provide legal advice: Offer expert guidance on your case, explaining the legal process and your options.

By entrusting your case to a qualified attorney, you increase your chances of obtaining fair compensation for your injuries and losses.

Get in Touch with a Motorcycle Accident Attorney Now

Suffered injuries in a motorcycle accident in Philadelphia? Time is of the essence. Our dedicated team at Mattiacci Law, LLC, will handle the legal process while you focus on healing, so please contact our motorcycle accident lawyers today. You can visit us online or call 215-709-7915 to set up your free consultation.

Frequently Asked Questions About Motorcycle Accidents

What Not to Do After a Motorcycle Accident?

Avoid making these common mistakes after a motorcycle accident:

• Don’t admit fault: Even if you think you’re at fault, avoid making any statements that could compromise your claim.
• Don’t sign anything: Don’t sign any documents or release forms without consulting an attorney first.
• Don’t speak to the insurance company without legal advice: Insurance adjusters may try to get you to say things that could hurt your case.

How Much Are Most Motorcycle Accident Settlements?

The average motorcycle accident settlement will vary widely depending on factors like the severity of injuries, property damage, lost wages, and liability. There’s no one-size-fits-all answer, as each case is unique. Consulting with a personal injury lawyer can help you assess the potential value of your claim.

What Happens to Your Body in a Motorcycle Accident?

Motorcycle accidents can cause severe injuries due to the lack of protection for riders. Common injuries include head trauma, spinal cord injuries, broken bones, internal bleeding, and road rash. The extent of injuries depends on the impact force and whether you were wearing protective gear.

What is the Cause of Death in Most Motorcycle Accidents?

Head injuries are the leading cause of death in motorcycle accidents. This is often due to the lack of helmet protection or the severity of the impact. Other factors contributing to fatal accidents include speeding, drunk driving, and road conditions.

A Motorcycle Accident Lawyer Will Guide You

Don’t try to maneuver through the complexities of a motorcycle accident alone. Contact Mattiacci Law, LLC for a free consultation. Our Philadelphia motorcycle accident attorneys will fight for your rights and help you recover the compensation you deserve. Call us at 215-914-6919 or contact us online to schedule a free consultation.

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