A motorcyclist has the automatic right to certain recovery options under Pennsylvania law. Because motorcycle injuries can be severe, seeking compensation through a tort action is often a necessity if another party caused the wreck. If you suffered injuries in a motorcycle wreck, the motorcycle accident lawyers in Newtown from Cordisco & Saile LLC can help you understand your legal rights and help exercise them. Call us at 215-642-2335.
Common Causes of Motorcycle Accidents
Motorcyclists themselves might cause accidents by riding negligently or breaking the law, like making illegal lane changes or riding while intoxicated. But motorcycle accidents aren’t always the motorcyclist’s fault, and there are many motorcyclists in Newtown who ride safely and responsibly. A negligent driver who engages in one of the actions listed below might cause a serious wreck with a rider who drives responsibly.
- Aggressive driving
- Impaired or intoxicated driving
- Distracted driving
- Negligent lane changing
In some cases, a defective motorcycle part might cause the accident.
High Risks for Motorcyclists
Regardless of who’s at fault for a motorcycle accident, the outcome for a motorcyclist who is in an accident with a motor vehicle can be grim. Motorcyclists sustain some of the worst injuries on the road, including traumatic brain injuries, road rash, fractures and more. Sadly, it is common for a motorcyclist to sustain a fatal injury when involved in a crash. As such, recovering fair compensation after a wreck is important to pay for medical treatment, replace lost wages, and address pain and suffering.
Motorcyclists Automatically Full Tort in Pennsylvania
When purchasing car insurance in Pennsylvania, motorists have the option of buying full tort or limited tort coverage. The former provides the unlimited right to file a tort action against an at-fault driver to recover pain and suffering damages, in addition to out-of-pocket expenses and medical costs. The latter provides a limited right to file a tort action for pain and suffering; motorists may only do so in the event of serious injuries.
But motorcyclists are an exception. They are automatically full tort, meaning that a motorcyclist who suffered injuries because of another driver’s negligence can file a tort action for pain and suffering, as well as other expenses.
Factors that Affect Benefit Amounts
While a motorcyclist has the right to seek recovery for damages, there are multiple factors that may affect the amount of damages that a motorcyclist recovers. These factors include the extent of injury and permanent injury/disability, the expenses the motorcyclist faces as a result of injuries and the motorcyclist’s percentage of fault.
A claimant’s benefit amount will be reduced by his or her percentage of fault when seeking damages. If a motorcyclist was entitled to $30,000 worth of damages, but was 10 percent at fault for the accident, then he or she would recover only $27,000 instead ($30,000 minus 10 percent). This is why it’s so important to establish the at-fault party’s negligence and responsibility for the wreck and properly address any accusations of contributory negligence from the defense.
Take Legal Action Now – Call Our Motorcycle Accident Attorneys in Newtown
A motorcycle accident is a very serious type of accident. Luckily, the state of Pennsylvania has provided motorcyclists with extra protection by automatically granting them full tort rights. If you suffered serious injuries in a motorcycle accident, the motorcycle accident lawyers in Newtown at Cordisco & Saile LLC, can help you file your claim for benefits. If you’re ready to get started, don’t wait to call us. We’re ready to help, so call us at 215-642-2335 or use our online contact form to set up your free consultation to review your case.