Pennsylvania motorcyclists who are injured in an accident may file a tort claim against an at-fault driver to recover damages. Get help by calling the Pennsylvania motorcycle accident attorneys from Cordisco & Saile LLC – 215-642-2335. In the meantime, here’s what you need to know about your rights and options moving forward.
Injuries for Motorcyclists are Often Severe
Unlike passenger cars, motorcyclists have very few protections while riding – no seatbelts or restraints, no car doors to act as a barrier, and sadly, many go without a helmet. As such, when an accident happens, there is often nothing between the road or other cars and the motorcyclist’s body. When an accident involving a motorcyclist happens, the motorcyclist's injuries are often severe. Injuries that a motorcyclist may sustain include a traumatic brain injury, back or spinal cord injury, broken or fractured bones, internal injury, road rash, and more. Sometimes, these injuries can be corrected with surgery or therapy; other times, the injuries are severe and permanent.
Pennsylvania’s No-Fault Insurance Laws & Motorcycle Accidents
Pennsylvania is a choice no-fault state. Drivers may choose limited or full tort policies – the former requires serious injuries to pursue pain and suffering damages from an at-fault driver, while the latter does not because full tort policies allow recovery of pain and suffering damages even in cases of relatively minor injuries. Regardless, injured victims may recover damages related to medical and other out-of-pocket expenses.
But if a motorcyclist has sustained injuries, the rider is automatically full tort and can pursue pain and suffering damages. In addition, riders may pursue damages related to medical expenses (current as well as future), lost wages, loss of earning capacity, disability and more. Speak with Pennsylvania motorcycle accident lawyers from our firm for a more thorough understanding of damages as they relate to your case.
Proving Liability for a Motorcycle Accident & Resultant Damages
As you file a tort liability claim, you will have to prove that the person who caused the accident acted negligently, or wrongfully, and that the negligence caused the accident. For example, if a drunk driver caused your motorcycle accident, then it may be easy to prove that the driver acted negligently at the time of the accident – impairment generally constitutes a negligent action, but you'll also have to link negligence to your wreck.
Other cases of negligence may be more difficult to establish. Your attorney can work with you to gather appropriate evidence to prove the other driver was negligent, which may include eyewitness testimony, surveillance video, photographs, as well as a police report.
If you can prove the negligence of the other driver, then the other driver will be liable for injuries and damages.
Speak with Our Pennsylvania Motorcycle Accident Attorneys
An attorney can help assist in the process of filing an insurance claim or lawsuit and make sure you get the full amount of benefits to which you’re entitled. In Pennsylvania, the statute of filing a personal injury suit for damages is two years from the date of injury, according to PA Const. Stat. Sec. 5524, so do not delay seeking legal consult.
If you’ve been injured in a motorcycle accident, the time to act is now. At Cordisco & Saile LLC, our motorcycle accident lawyers in Pennsylvania will work to prove that the other driver caused the accident and that you deserve compensation for your injuries and expenses. To set up a consultation, call us today at 214-642-2335 or use the form on our contact page to reach out to us.