In Philadelphia, motorcycle accidents are common and frequently raise liability and fault questions. The key is that uncertainty arises around the physical injuries, which are accompanied by material damage, and the question of responsibility for the consequences. Analyzing motorcycle accident cases helps identify the factors and the most likely fault participants. This is where a knowledgeable Philadelphia motorcycle accident attorney is warranted and priceless to the news of their personal injury client.
What Causes Motorcycle Accidents in Philadelphia?
Some common causes of motorcycle accidents in Philadelphia include but are not limited to:
Traffic violations—Most motorcycle crashes are caused by a traffic violation on the part of any of the involved parties; these account for 14% of all traffic deaths (National Safety Council, 2023). Such traffic violations may include speeding, beating red lights, abrupt lane changes, failure to yield, and speeding drivers.
Negligent drivers—Motorcycle crashes are usually caused by other road users, most of whom drive cars, buses, or trucks. Some examples of negligence include driving too close and failing to check your blind spots.
Unsafe roadways—Poorly maintained roads, including those with potholes and bumps and no or poor markings, are implicated in motorcycle accidents.
Weather—Road condition is an essential factor, and factors such as wet roads, snow, and fog, which reduce visibility and traction, increase the likelihood of accidents. Drivers are to blame for not driving responsibly under such conditions.
Drunk and impaired driving – Drunk or drug-impaired driving is also accountable for motorcycle crashes on the road. Nevertheless, a motorbike accident attorney should be able to handle this matter.
Inexperienced riders—Sometimes, motorcyclists cause a crash. Inexperienced drivers may find navigating the roads challenging, especially in heavy traffic.
Comparative negligence – The concept that responsibility may lie with a combination of parties rather than one or the other.
Representation – The matter is often complicated and should be handled by a motorcycle accident attorney.
Speculating on the number of possible combinations is sufficient to say that liability has a broad array of variability. A motorcycle accident attorney has the experience, skills, and resourcefulness to uncover fault and seek justice in a well-thought-out, methodical manner.
How Does the No-Fault Insurance System Impact Your Claim?
Pennsylvania operates under a no-fault insurance system. This implies that each party’s insurance company pays for their medical costs and losses, up to each policy’s limitations, no matter who caused the automobile accident.
However, the no-fault law, also known as the Pennsylvania Motor Vehicle Financial Responsibility Law, is only relevant to injuries incurred during a car accident, not motorcycle incidents. Generally, suppose a motorcyclist is injured in an incident due to someone else’s negligence. In that case, the biker can file a lawsuit to obtain compensation for damages such as medical treatment, lost weekends, and pain.
What Type of Motorcycle Insurance Should I Have?
In Philadelphia, it is vital to have enough insurance coverage to protect motorcyclists if they are involved in an accident. Insurance options typically are:
Liability insurance—This type of insurance handles compensation for other people’s injuries or damages when an accident occurs. Pennsylvania has minimal requirements on how much liability coverage one must hold for motorcycles. Therefore, you must abide by the minimum requirements and ensure that you have at least those that the state of Pennsylvania demands.
Uninsured/underinsured coverage– If you have an accident involving someone who does not have liability insurance, this type of coverage will compensate you for the injuries and damages.
Medical pay– Also known as medical payments coverage, medical pay is a form of coverage that compensates for injury, regardless of who is at fault.
Comprehensive and collision coverage—This type of coverage is essential to handle injuries caused by incidents like vandalism, theft, and other acts. In addition, one may also need personal injury protection coverage.
The ideal coverage encompasses liability insurance to compensate others in case of a loss where the motorcyclist is the perpetrator and if the motorist with inadequate insurance has no more insurance or underinsured coverage.
The insurance company’s settlement offer is almost always limited to current expenses incurred by an injury victim and does not consider future costs, pain, and suffering. Due to the inherently high incidence of severe injury, most motorcycle accidents lead to a severe personal injury claim that the victim likely cannot manage on their own. Injury victims with legal representation during the negotiations almost always received more and higher compensation than others. Never accept an initial offer from an insurance company for a motorcycle accident claim without consulting an experienced motorcycle attorney.
How is Fault Established in a Philadelphia Motorcycle Accident?
One of the most significant aspects of most motorcycle accidents is deciphering the evidence to establish fault and obtain compensation. Below is an overview of the primary forms of evidence and their impact on understanding the circumstances of the motorcycle crash:
Physical Evidence—First and foremost, physical evidence includes a review of vehicle damage, skid marks, and debris on the accident scene. Analyzing physical evidence makes it possible to recreate the events leading up to the motorcycle wreck and to determine key factors like speed and point of impact.
Eyewitness Testimony—Witness statements, or those of people who saw the accident, are vital in revealing what happened. Eyewitness testimony can confirm or challenge the parties’ accounts, point out distracted driving, and help reconstruct the chain of actions surrounding the motorcycle crash.
Police Reports– The official police report contains important details recorded by officers, including their observations, information from the parties, and citations. Reading the police report will provide an unbiased view of the accident and evidence that may help to establish liability.
Medical Records– Medical documents concerning injuries received in a motorcycle collision are powerful evidence in determining the extent of the personal injury. The records of diagnosis, treatment, and expected medical procedures outline the severity of the loss and its influence on the victim’s life. This sometimes includes severe or fatal injuries.
Photographs and Videos —Photographs and videos from the motorcycle crash provide visual details that one can later ignore or argue about. They represent the conditions at the time of the crash and contribute to a better understanding of how it happened.
Expert Analysis. Consultation with accident reconstruction specialists and physicians can generate expert opinions. These can include vehicle dynamics, evaluation of the extent of injury, road hazards, or the sequences of events.
Social Media and Electronic Data. Information posted on social media or obtained via electronic gadgets like smartphone cameras or dashcams may serve as additional evidence. However, it is necessary to ensure that the information is original.
Deciphering the evidence in motorcycle vehicle accidents is a complex task that entails careful analysis of multiple factors. However, knowing what to look for and understanding the importance of each form of evidence can help the involved parties navigate the legal process and pursue their case from a knowledgeable perspective.
How will my motorcycle accident lawyer find the responsible party?
A motorcycle accident attorney will use the following methods to determine the negligent party in the accident, seeking justice
:
- Investigation
First, your lawyer will investigate the accident and the circumstances resulting in the crash. Your lawyer will read the police report and the personal injury medical reports, take statements from witnesses, and use accident reports or incident reports to complete the investigation. - Evidence collection
Second, your lawyer will gather evidence, such as photographs, videos, and motorcycle accident victims’ medical records for the accident and injuries. - Accident reconstruction
In unclear cases, your lawyer might have the accident reconstructed by professional reconstructionists. - Witness testimony
Fourth, witness testimony would be used to gauge the likelihood of the plaintiff’s injury. This evidence statement is to be taken in a non-leading manner. - Expert consultation
Fifth, expert consultations can be called upon if needed. Medical professionals, engineers, and reconstructionists can give expert testimony about liability and causation. Evidence collection, accident reconstruction, witness testimony, expert consultation, legal analysis, and insurance investigation. - Legal analysis
Your lawyer’s legal analysis determines if any negligent driver violated the law. When making this analysis, your lawyer must consider all the laws governing motorcycles, traffic, and accidents. - Insurance investigation
Insurance investigation can help determine the other determinations to get insurance coverage and the potential for bad faith renegotiation. An injury victim often racks up substantial medical bills, loses wages from the inability to work, and finally experiences physical and psychological pain. Despite providing a settlement offer, an insurance company’s offer does not include all losses.
How Can a Philadelphia Motorcycle Accident Lawyer Help My Case?
Your Philadelphia motorcycle accident lawyer will endeavor to seek compensation for you through several tactics, including the following:
- Case evaluation: As a personal injury client, your lawyer will evaluate the full extent of your damages, from medical bills to lost wages to property loss and pain and suffering. This evaluation helps determine the amount of compensation you are entitled to; severe injuries have more consideration.
- Negotiation: Your lawyer will negotiate with the insurance provider or at-fault party. Your lawyer will use their personal injury law experience to negotiate assertively and seek a settlement that fully compensates your losses.
- Evidence presentation: Your attorney presents a compelling case with supporting evidence like medical records, witness testimony, expert opinions, and actual cost projections of the harm endured by the at fault party after motorcycle collisions.
- Legal strategy: Your lawyer will develop a strategic plan before your case, which enables them to identify various avenues to seek compensation. This might include a mediation or arbitration process involving the other driver, going to a trial, or pushing for punitive damages if the party’s negligence is outrageous.
- Representation in court: If negotiation is unsuccessful by any substantial measure of fairness, personal injury lawsuits may come into play. Your lawyer will represent you in court for your motorcycle accident case. They may present evidence and arguments to the judge and jury and advocate for compensation based on evidence and legal principles.
- Client advocacy: Your attorney will work in your best interest and advocate for you throughout the case. They will do so by informing you about the legal process, what to discuss, and your rights and protecting them during litigation.
- By combining these strategies, your lawyer will work to obtain fair compensation and insurance company offers so that you can move on. Handling the aftermath of motor vehicle accidents in Pennsylvania is a complex process, especially with insurance, and a lawyer is required. A seasoned attorney, like a Philadelphia motorcycle accident attorney at Munley Law, will guide an injured motorcyclist through what to do to secure a fair trial and a decent compensation amount.
Contact a Philadelphia Motorcycle Accident Lawyer
With Munley Law, you hire a team of fierce advocates committed to finding and proving fault and obtaining compensation on your behalf. Our skilled lawyers have years of experience with the complexities of motorcycle accidents and will investigate all aspects of your case in-depth. We will fight to prove fault and get you money for your pain and suffering due to your injuries, medical bills, and property damage. We will give you the information, care, and comfort you need to concentrate on healing. You can contact Munley Law for a free consultation; legal help can ease the stress of managing care by allowing you the time to do so, and by entrusting the work to an experienced attorney.
Philadelphia Practice Areas
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd
Suite 1690,
Philadelphia, PA 19103
(215) 515-7747
