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Motorcycle accidents can often result in catastrophic injuries. These vulnerable road users are 28 times more likely to be killed in a motor vehicle accident compared to other drivers and four times as likely to sustain an injury. Due to the size of a motorcycle compared to a standard passenger vehicle, these accidents often result in severe injuries, hefty medical bills, and mental anguish for the rider and their family. An Erie motorcycle accident lawyer will be needed to help you regain compensation for your injuries.

Motorcycle accident victims need protection. This is where Munley Law comes in. For decades, we have represented victims and their families in the most complex personal injury claims. Let us do the same for you. Call today to speak with one of our Erie motorcycle accident lawyers.

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What Are the Common Motorcycle Accident Injuries?

Erie Motorcycle Accident LawyerDue to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, the injuries a rider may sustain can be much more damaging.

Common motorcycle injuries are:

  • Road rash
  • Spinal cord injuries
  • Traumatic brain injuries (TBI)
  • Internal bleeding and organ damage
  • Broken bones
  • Leg injuries and amputations
  • Death

Weather and adverse road conditions are often considered the most common causes of motorcycle wrecks. In reality, road hazards only account for single motorcycle wrecks, with most claims involving multiple vehicles.

Common causes of car accidents involving a motorcyclist are:

  • Failing to check blind spots
  • Improper turns and lane changes
  • Aggressive driving, including speeding, tailgating, and reckless driving
  • Failing to yield
  • Drunk driving
  • Distracted driving, including texting while driving

Much like other auto accidents, speeding remains one of the most dangerous factors, as over 30 percent of all motor vehicle deaths involving a motorcycle in 2021 were a result of speeding by at least one motorist.

If you or a loved one suffered a catastrophic injury due to a negligent driver, call our Erie motorcycle accident lawyers today.

Proving Liability in a Motorcycle Accident Case in Erie

It is vital to prove liability as soon as possible to secure maximum compensation from your insurance company or a personal injury lawsuit. However, proving negligence can be complicated.

To prove liability, your Erie motorcycle accident attorney must establish that:

  • The at-fault party owed you a duty of care to drive safely.
  • The at-fault driver breached those duties by driving negligently.
  • The breach caused you injuries and harm.
  • You suffered damages as a result.

Remember that whether you are pursuing an insurance claim or a personal injury lawsuit, it will be critical to show that the other driver is primarily to blame. Otherwise, you risk not collecting the compensation you need for your serious injuries.

What is Comparative Fault?

Pennsylvania follows the comparative negligence rule for personal injury cases. Under the comparative fault rule, you must be less than 51 percent at fault for an accident to recover compensation. You cannot seek compensation for your losses if you are more than 50 personally responsible.

In addition, the percentage of fault you do hold will be used to adjust your recoverable damages. This is why you want to work with experienced motorcycle accident attorneys in Erie, PA, who can guide you through the legal process and secure a fair settlement.

Can Injured Motorcyclists Be Partially At Fault?

There may be circumstances where the motorcyclist is partially at fault for the collision. For example, one driver may not have followed traffic rules, resulting in them running a traffic light. However, if the motorcyclist was speeding during the accident, they can be found partially to blame.

So long as the motorcyclist is not more than 50 percent at fault for the accident, they can still recover compensation. However, your insurance coverage provider will be looking closely at your fault for the accident, so meeting with an attorney before talking with the insurance company can be critical to the success of your claim.

How Our Law Firm Helps After a Motorcycle Accident in Erie, PA

Being involved in an accident can be debilitating for a family, but motorcycle wrecks have the potential to be catastrophic. From piling medical expenses, back-and-forth communications with the insurance company, and a battle for your legal rights, it can all be too much.

But you don’t have to do it alone. The personal injury attorneys of Munley Law represent motorcycle riders in Erie County and across Pennsylvania who negligent drivers have hurt. We hold the parties liable, ensuring you get the much-needed compensation for your medical expenses and losses.

Investigating the Crash

Investigating the crash is the first step in your Erie, PA, motorcycle accident claim. Here, we will look at what went wrong during the wreck. We do this by reviewing the police reports, talking with witnesses, consulting with accident reconstruction specialists, and reviewing your injuries and property damage.

The information we find during our investigation is critical not only to the insurance adjuster, who will look for any reason to minimize your compensation but will also be used in a lawsuit if you cannot get the financial recovery you require.

This is why you must provide all relevant information to your attorney during an initial consultation. This helps us determine the first steps to fill in the gaps.

Maximizing Your Payout

Once we have gathered all of the information needed in our investigation, we will be able to calculate the value of your claim. Insurance policies only cover so much in lost wages and medical care, so you must know your options for maximizing your payout with a lawsuit.

As experienced motorcycle accident attorneys, we can use your medical records from the accident, estimates on property damage, lost wages, etc., to calculate your fair compensation for your current and future losses.

Fighting For You in Court

While most personal injury claims are settled outside of court, there may be situations where a jury hearing is inevitable. With our track record for successfully litigating Pennsylvania motorcycle accident claims, we’ll put our experience to the test for you, representing you in the courtroom to ensure the best possible outcome.

What is My Motorcycle Accident Claim Worth?

Putting an exact value on a motorcycle accident claim can be challenging without having all the details. However, some factors will increase the value of your claim. Things like the severity of your injuries, the amount of time away from work, and the amount of property damage you sustained can all impact your settlement.

In general, you can collect compensation for:

  • Medical expenses include medication, surgery, physical therapy, home health care, etc.
  • Cost to repair or replace your bike
  • Loss of income
  • Future losses, including wage potential and ongoing medical treatment
  • Pain and suffering
  • Losses related to scarring, disfigurement, and disabilities

An experienced lawyer will review your losses to come up with the most accurate depiction of your damages and get you the highest settlement possible.

How Much Will a Motorcycle Accident Lawyer Charge?

Most personal injury lawyers work on a contingency fee basis. This means you are not charged anything upfront for legal representation and will pay a percentage of your winnings after your case.

This works to benefit the accident victim as the fee will never exceed your award, so you have the finances you need to pay for medical care and recover.

How Long Do I Have to File a Personal Injury Lawsuit?

Under Pennsylvania law, the statute of limitations for motorcycle wrecks is two years from the accident date. However, there are exceptions to the rule.

For cases involving minors, the clock does not begin until the minor turns 18, meaning you have until age 20 to make a claim. However, if a parent or guardian claims on behalf of a minor, the minor cannot file a suit again.

The discovery rule also changes the timeframe of claims. Under the rule, the clock does not start until the victim discovers or should have discovered the injury. For example, a biker who suffers a head injury may not realize the severity of their situation until weeks after, when symptoms begin to emerge, or their health worsens.

In some cases, if fatality results from a wreck, the family may be able to argue they have a wrongful death claim against the negligent driver. In that case, the clock would not begin until the death date—however, this does not apply to survival actions, so speak with an experienced wrongful death attorney to learn your options.

What You Should Know About Pennsylvania’s Motorcycle Helmet Law

Pennsylvania has strict motorcycle safety laws surrounding who can drive a motorcycle and the protective gear that must be worn.

Under Pennsylvania’s Motorcycle Helmet Law, any person under age 21 who rides or operates a motorcycle must wear protective gear and complete a motorcycle safety course.

Protective gear includes a helmet and protective eye coverings. The helmet must meet safety regulations under both the Federal Motor Vehicle Safety Standards and Pennsylvania regulations. To be compliant of the regulations, the helmet must be labeled with the following information:

  • Name or identification of manufacture
  • Precise model designation
  • Size
  • Month and year the helmet was manufactured
  • The “DOT” sticker can be centered on the back of the outer shell of the helmet

The “DOT” sticker is required on the outside of the helmet, but all other information must be legibly labeled so that it can be read without removing padding or any other affixed part of the helmet.

Can I File a Claim if I Was Not Wearing a Motorcycle Helmet?

Despite the helmet laws, if you were not wearing a helmet at the time of your accident, you still can file a claim. However, your insurance company will likely use this against you to say you were partially at fault for your injuries. From there, they will try to minimize the compensation you are entitled to in proportion to the fault they believe you hold.

An Erie motorcycle accident lawyer from Munley Law can help you navigate these arguments to secure fair compensation.

Contact Our Erie Motorcycle Accident Lawyer For a Free Consultation

Erie Motorcycle Accident LawyerIf you or a loved one were injured in a motorcycle collision in Erie and now face medical bills, extensive time away from work, and property damage, you need to call Munley Law.

An experienced attorney will guide you through the legal process to ensure you get the compensation you need for your injuries and losses during this difficult time.

For more than 60 years, Munley Law has helped accident victims file personal injury claims for compensation for:

  • Medical costs, including future medical expenses
  • Lost wages and loss of income in the case of wrongful death
  • Property damage
  • Noneconomic damages like loss of consortium, loss of enjoyment, and emotional distress

If you lost a loved one to fatal injuries in a motorcycle wreck, we will hold the negligent party accountable and help you through a wrongful death lawsuit.

If you need a skilled lawyer, look no further than Munley Law. Contact the Erie motorcycle accident lawyers of Munley Law today for a no-obligation, free consultation.

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