Motorcycle accidents often have devastating consequences due to the inherent vulnerability of motorcyclists on the road. In Pennsylvania, the issue of liability in motorcycle accidents is particularly complex because it hinges on the principles of negligence. Understanding these principles is crucial for anyone involved in a motorcycle accident, whether as a motorcyclist, driver, or passenger. Pennsylvania’s negligence laws dictate how liability is determined, and these laws can significantly impact the outcome of an accident claim.
Understanding Negligence in Pennsylvania
Negligence is a legal concept that plays a central role in personal injury cases, including motorcycle accidents. It refers to a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. To prove negligence in Pennsylvania, the plaintiff must establish four elements: duty of care, breach of duty, causation, and damages. The duty of care is the legal obligation to act with a certain level of care to prevent harm to others. For example, drivers have a duty to follow traffic laws and drive safely to avoid causing accidents.
A breach of duty occurs when a person fails to fulfill their duty of care. In the context of motorcycle accidents, this could involve actions like speeding, running a red light, or failing to check blind spots before changing lanes. Causation is the link between the breach of duty and the accident. The plaintiff must demonstrate that the defendant’s breach directly caused the accident and the resulting injuries. Finally, the plaintiff must prove that they suffered actual damages, such as medical bills, lost wages, or pain and suffering, as a result of the accident.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
Comparative Negligence in Pennsylvania
Pennsylvania follows the doctrine of comparative negligence, which allows for the apportionment of fault among multiple parties involved in an accident. This means that even if a motorcyclist is partially at fault for an accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For instance, if a motorcyclist is found to be 20 percent at fault for an accident and their total damages amount to $100,000, they would be entitled to recover $80,000.
The comparative negligence rule can significantly impact the outcome of a case. Pennsylvania follows a modified comparative negligence rule, which means that a plaintiff can only recover damages if they are less than 51 percent at fault. If they are 51 percent or more at fault, they are barred from recovering any damages. This rule underscores the importance of establishing the other party’s negligence and minimizing the motorcyclist’s own fault in the accident.
Three steps for motorcyclists to stay safe
Summer might be nearing its end, but it will still be motorcycle season for a few months to come. Motorcyclists will take advantage of good weather whenever they can, even after the trees change color.
No matter the season, the road can still be dangerous – even for the most experienced motorcyclist. So, how can you stay safe on the road?
There are a few steps that you can take, including:
1. Check your bike before every trip
Most motorcyclists want to ensure their motorcycle is in good condition. After all, they take pride in their ride.
However, the National Highway Traffic Safety Administration (NHTSA) suggests that motorcyclists should inspect their motorcycle regularly, including before every ride. You should:
- Monitor tire pressure;
- Check your headlights and signals;
- Check the brakes; and
- Check for leaks.
Making sure that your motorcycle is in good working condition is critical to help increase your safety.
2. Wear the proper gear
Laws requiring motorcyclists to wear helmets can be a point of controversy for many. Pennsylvania law only requires motorcyclists to wear helmets if they are under 21. However, studies prove that helmets can significantly reduce the chance of serious or even fatal injuries in the event of an accident.
According to the Centers for Disease Control and Prevention (CDC), helmets help to mitigate:
- The risk of death by 37%; and
- The risk of head injuries by 69%.
You should consider wearing the proper helmet and other layers of protection when you go for a ride.
3. Drive defensively
You must ensure you are always defensive and alert whenever you take to the road. As we have discussed in previous blog posts, all motorists have a duty to drive responsibly. This means that drivers in larger vehicles must also be aware of motorcyclists and vice versa.
Unfortunately, motorists often overlook motorcyclists because of their small size. You can help reduce the risks you face in these situations by:
- Avoiding alcohol;
- Following traffic laws;
- Ensuring you are visible; and
- Avoiding distractions.
All motorists must drive defensively and share the road, but motorcyclists must take the risks they face seriously.
Injured motorcyclists should not wait to seek help
If you or a loved one suffers a catastrophic injury in a motorcycle accident, you need the experienced support and help you can trust.
Attorney Michael P. McDonald exclusively represents accident victims, and he is the only Nationally Board-Certified expert recognized by the National Board of Trial Advocacy in Lancaster County. He has extensive experience and is prepared to help you after an accident.
You can contact McDonald At Law today by emailing us or calling 717-899-1907.
Steps to Take After a Motorcycle Accident in Pennsylvania
Ensure Safety and Seek Medical Attention
Your first priority after a motorcycle accident should be to ensure your safety and the safety of others. If you can, move to a safe location away from traffic to prevent further harm. Even if you feel fine initially, it is essential to seek medical attention as soon as possible. Injuries sustained in motorcycle accidents can often be more severe than they appear, and prompt medical care can not only address immediate health concerns but also serve as a critical part of your case later. Documenting injuries with medical records can help establish the link between the accident and the harm you have suffered.
Contact Law Enforcement and Report the Accident
In Pennsylvania, reporting a motorcycle accident to law enforcement is a necessary step. The police will create an official accident report that includes details about the incident, statements from witnesses, and any violations of traffic laws that may have contributed to the crash. This report can play an essential role in determining fault and building a case for compensation. When speaking to the police, it is important to stick to the facts and avoid making assumptions about what caused the accident.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
Gather Information and Evidence
If you are able, take the time to collect as much information and evidence as possible at the scene of the accident. This includes exchanging contact and insurance information with the other driver, taking photographs of the vehicles, the surrounding area, and any visible injuries. If there are witnesses, ask for their names and contact details, as their statements can provide valuable support for your case. Evidence gathered early on can help reconstruct the events leading to the accident and strengthen your claim for compensation.
Notify Your Insurance Company
After a motorcycle accident, you should inform your insurance company about the incident promptly. Provide them with accurate and honest information, but avoid admitting fault or speculating about the cause of the accident. Insurance companies often use statements made early in the process to minimize or deny claims, so it is best to consult with a motorcycle accident attorney before discussing the details of your case extensively.
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Understand Pennsylvania’s Comparative Negligence Rule
Pennsylvania follows a comparative negligence rule, which means that your ability to recover compensation may be reduced if you are found partially at fault for the accident. For example, if you are determined to be 20 percent responsible for the crash, your compensation may be reduced by 20 percent. However, you can still pursue a claim as long as your fault does not exceed 50 percent. Understanding this rule is crucial when navigating the claims process, as the other party’s insurance company may attempt to shift blame onto you.
Work with an Experienced Attorney
Navigating the aftermath of a motorcycle accident can be complicated, especially when dealing with insurance companies and legal procedures. A knowledgeable attorney can help you understand your rights, negotiate with insurance adjusters, and gather evidence to build a strong case. An attorney can also ensure that your claim is filed within Pennsylvania’s statute of limitations, which is typically two years from the date of the accident. Missing this deadline could result in losing your ability to seek compensation.
Focus on Recovering from Your Injuries
Motorcycle accidents often result in serious injuries that require ongoing medical care and rehabilitation. While the legal process is important, your health and recovery should remain a top priority. Follow your doctor’s recommendations, attend all medical appointments, and keep a record of your treatment. These records can not only help you recover physically but also serve as evidence to demonstrate the extent of your injuries and their impact on your life.
Dealing with the aftermath of a motorcycle accident is not just about recovering from physical injuries; it is also about addressing the financial and emotional toll it can take on you and your loved ones. Medical bills can quickly pile up, and you may find yourself unable to work while you recover. These challenges can create immense stress, but seeking compensation through a personal injury claim can help ease some of the burdens. Compensation can cover medical expenses, lost wages, property damage, and even non-economic damages such as pain and suffering. However, pursuing these claims requires diligence, attention to detail, and a thorough understanding of Pennsylvania’s legal system.
The Creation of a Police Report
When a motorcycle accident occurs, the first step usually involves notifying the police. Once the police arrive at the scene, they begin their investigation. The officers document the details of the accident, including the date, time, and location. They gather information from the involved parties, such as their names, addresses, and insurance details. The officers also interview witnesses and take their statements, which can provide additional perspectives on how the accident occurred. Photographs of the scene, vehicle damage, and any visible injuries are often included in the report, providing a visual record of the aftermath. This thorough documentation is essential for reconstructing the accident and determining fault.
Determining Fault Through Police Reports
One of the most critical aspects of a police report is its role in determining fault. In Pennsylvania, which follows a modified comparative negligence rule, the determination of fault can significantly impact the compensation a victim can receive. The police report typically contains the officer’s observations and conclusions about the cause of the accident. This might include noting if a driver was speeding, ran a red light, or was under the influence of alcohol or drugs. While the police report itself is not the final word on fault, it carries significant weight. Insurance companies and courts often rely on these reports to assess liability and determine the percentage of fault each party holds.
Common Causes of Motorcycle Accidents
Several factors contribute to motorcycle accidents, many of which involve negligence on the part of drivers or motorcyclists. Some common causes include speeding, distracted driving, impaired driving, and failure to yield the right of way. Speeding reduces a driver’s ability to react to sudden changes in traffic conditions and increases the severity of accidents. Distracted driving, which includes activities like texting or using a GPS while driving, takes a driver’s attention away from the road and can lead to accidents.
Impaired driving, whether due to alcohol, drugs, or fatigue, significantly impairs a driver’s ability to operate a vehicle safely. Failure to yield the right of way is another common cause of accidents, particularly at intersections where drivers may not see or anticipate the presence of a motorcycle. Weather conditions and road hazards can also contribute to accidents. Rain, snow, and ice create slippery conditions that increase the risk of losing control of a motorcycle. Potholes, debris, and uneven pavement are particularly dangerous for motorcyclists because they can cause a motorcycle to crash.
Understanding How Speeding and Reckless Driving Play a Role in Motorcycle Accidents
Motorcycle accidents are already dangerous enough, but when drivers engage in speeding or reckless behavior, the risks multiply. Speeding and reckless driving significantly contribute to the severity of motorcycle accidents. The law in Pennsylvania holds drivers accountable for their actions, and that includes how they handle their vehicle on the road. Speeding means driving above the posted speed limits, while reckless driving refers to behaviors such as tailgating, weaving in and out of traffic, or disregarding traffic signals.
These dangerous actions can cause accidents by preventing drivers from reacting in time or maintaining control of their vehicle. Motorcycle riders, who have less protection compared to car drivers, are at an even higher risk of serious injury or death when these types of driving behaviors are involved. If the other driver’s actions were reckless or speeding, their behavior could become a central focus in your case.
How Speeding Affects the Outcome of Your Claim
Speeding is a major contributor to many types of accidents, but it is especially dangerous for motorcycle riders. Motorcycles are more vulnerable than passenger vehicles, and when a speeding driver causes an accident, it can result in catastrophic injuries. In Pennsylvania, drivers must adhere to posted speed limits and adjust their speed according to road conditions. When speeding is involved, the impact on your motorcycle accident claim could be significant.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
If a driver was speeding at the time of your accident, it can serve as clear evidence of negligence. This becomes crucial when proving that the other driver’s actions directly led to your injuries. In a court of law, speeding can help establish liability, making it easier for you to seek compensation for medical bills, lost wages, and pain and suffering. However, it’s essential to gather solid evidence, such as witness statements, traffic camera footage, or police reports, to show that the driver was indeed speeding. Your legal team can assist you with obtaining and presenting this evidence in a way that strengthens your case.
The Impact of Reckless Driving on Motorcycle Accident Claims
Reckless driving, which encompasses behaviors like tailgating, making unsafe lane changes, and disregarding traffic signals, is another major factor in motorcycle accidents. These actions can significantly increase the risk of a crash, especially when a motorcyclist is involved. When a driver behaves recklessly, they are essentially disregarding the safety of others on the road, including motorcyclists.
In Pennsylvania, reckless driving is considered a serious offense, and when it is the cause of an accident, it can help establish the other party’s liability in your case. For example, if a driver was weaving in and out of traffic or making sudden lane changes without signaling, it could be deemed reckless behavior. If such actions led to your accident, the other driver could be held responsible for your injuries and damages. Reckless driving can also demonstrate that the other party acted with a level of disregard for safety, which could influence the outcome of your claim.
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The Impact of Hit-and-Run Incidents on Motorcycle Riders
When a motorcycle accident involves a hit-and-run driver, the situation becomes even more complex and stressful for the victim. Hit-and-run incidents occur when a driver involved in an accident flees the scene without providing their contact information or offering assistance to the injured party. This not only violates Pennsylvania law but also leaves the victim in a precarious position, struggling to recover physically and financially without knowing who is responsible.
The impact of a hit-and-run incident on a motorcycle rider can be devastating. Beyond the immediate physical injuries, which can range from broken bones to traumatic brain injuries, the victim must also deal with the emotional trauma of having been abandoned in a time of need. Financially, the consequences can be severe, especially if the victim is unable to work due to their injuries and is left with mounting medical bills and other expenses.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
In Pennsylvania, leaving the scene of an accident is a serious offense, punishable by severe penalties including fines, imprisonment, and the suspension of the driver’s license. However, for the victim, the primary concern is often not the punishment of the driver but rather how to secure compensation for their injuries and losses. This is where the legal recourse available to motorcycle accident victims in Pennsylvania becomes critical.
Legal Recourse for Motorcycle Accident Victims in Pennsylvania
Victims of motorcycle accidents in Pennsylvania have several legal avenues available to them in seeking compensation for their injuries and losses. The most straightforward cases involve accidents where the at-fault driver is identified and remains at the scene. In such cases, the victim can file a claim against the driver’s insurance company to cover medical expenses, lost wages, pain and suffering, and other damages.
However, when the accident involves a hit-and-run driver, the process becomes more complex. The first step for the victim is to attempt to identify the driver responsible. This may involve working with law enforcement, gathering witness statements, and reviewing any available surveillance footage. If the driver can be identified, the victim can then pursue a claim against the driver’s insurance company or file a lawsuit if necessary.
If the hit-and-run driver cannot be identified, the victim may still have options for securing compensation. In Pennsylvania, motorcyclists are required to carry insurance that includes uninsured motorist (UM) coverage. This coverage is designed to protect the victim in situations where the at-fault driver is uninsured or cannot be identified, as in a hit-and-run incident. The victim can file a claim with their own insurance company under their UM coverage to receive compensation for their injuries and losses.
In cases where the victim’s UM coverage is insufficient to cover the full extent of their damages, or if they do not have UM coverage, they may still be able to recover compensation through other means. This could include filing a claim against their own health insurance, seeking compensation from other insurance policies that may apply, or pursuing a lawsuit against any third parties that may be liable for the accident.
Establishing Liability in Motorcycle Accidents
To establish liability in a motorcycle accident case, it is crucial to gather and present evidence that demonstrates the other party’s negligence. This evidence can include police reports, eyewitness statements, photographs of the accident scene, and testimony. Police reports often provide a detailed account of the accident, including the officer’s observations and any citations issued. Eyewitness statements can corroborate the motorcyclist’s version of events and provide additional perspectives on how the accident occurred.
Photographs of the accident scene, including the vehicles involved and any visible injuries, can be powerful evidence in proving negligence. They can illustrate the severity of the accident and help reconstruct how it happened. Testimony, such as that from accident reconstruction specialists, can provide an analysis of the accident’s cause and support the plaintiff’s claims. Gathering medical records and documentation of injuries is also essential to establish the extent of the damages suffered by the motorcyclist.
The Role of Insurance in Motorcycle Accident Claims
Insurance plays a critical role in motorcycle accident claims, as it can affect the compensation a victim receives. Pennsylvania is a no-fault insurance state, which means that individuals involved in a car accident must first turn to their own insurance to cover medical expenses, regardless of who was at fault. However, this no-fault rule does not apply to motorcycles. Motorcyclists can file a claim against the at-fault party’s insurance to recover damages.
It is important for motorcyclists to understand their insurance coverage and the coverage of the at-fault party. Uninsured and underinsured motorist coverage can provide additional protection if the at-fault driver lacks sufficient insurance. This type of coverage can help bridge the gap when the responsible party’s insurance is not enough to cover the full extent of the motorcyclist’s damages. Navigating insurance claims can be challenging, and insurance companies may attempt to minimize payouts. Having legal representation can be crucial in ensuring fair compensation.
Verdicts & Settlements
Filing a Lawsuit for a Motorcycle Accident
If a fair settlement cannot be reached through insurance claims, a motorcyclist may choose to file a lawsuit against the at-fault party. The process of filing a lawsuit begins with filing a complaint in the appropriate court, which outlines the plaintiff’s allegations and the damages sought. Pennsylvania has a statute of limitations for personal injury claims, including motorcycle accidents, which is generally two years from the date of the accident. This means that the lawsuit must be filed within this time frame, or the plaintiff may lose the right to pursue compensation.
The litigation process can be lengthy and involves several stages, including discovery, settlement negotiations, and potentially a trial. Discovery is the process of exchanging information and evidence between the parties involved in the lawsuit. This phase can involve depositions, interrogatories, and requests for documents. Settlement negotiations may occur at any point during the litigation process and can lead to a resolution without the need for a trial. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.
Why Medical Documentation Matters in Motorcycle Accident Cases
Medical documentation serves as the foundation of any injury claim. When a person is injured in a motorcycle accident, they may decide to file a claim against the responsible party to receive compensation for medical bills, lost wages, pain, and suffering. However, insurance companies and courts require proof of these injuries, and that proof often comes in the form of medical records. Without solid documentation, it becomes challenging to establish the severity of injuries or link them directly to the accident. Medical records provide a detailed, factual account of the injuries sustained, the treatments administered, and the ongoing impact of these injuries on a person’s life. This documentation shows how the accident has affected the person physically and financially, which strengthens their case.
The Role of Timely Medical Treatment
After a motorcycle accident, it is essential to receive medical attention as soon as possible. Even if the injuries seem minor, immediate medical evaluation helps document any injury symptoms that might not be visible right away. Delaying medical care can lead to complications or even make it harder to prove that certain injuries were caused by the accident. Insurance companies may argue that a delay in treatment shows the injury was not severe or was caused by something unrelated to the accident. By seeing a doctor right after the accident, victims create a clear connection between the incident and their injuries. The doctor’s notes, test results, and diagnosis will form a solid basis for the claim.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
Detailed Records of Injuries and Treatments
Each injury, no matter how small or large, should be thoroughly documented by medical professionals. From cuts and bruises to broken bones and head injuries, every detail contributes to the overall picture of the accident’s impact. Medical professionals record specific injuries, treatments, medications, physical therapy sessions, and the expected recovery time. This detailed record shows not only the immediate effects of the accident but also any long-term or permanent consequences the injury may have on a person’s life. For instance, a spinal injury might require continuous treatment, rehabilitation, or even surgery, and these records would demonstrate the ongoing medical expenses and the need for future care.
The Importance of Following the Doctor’s Recommendations
Following the treatment plan provided by a doctor is also crucial in a motorcycle accident case. If a person does not follow their doctor’s advice, insurance companies might claim the injuries are not as severe as stated or that the person is not taking steps to recover. Attending all appointments, taking prescribed medications, and following any recommended physical therapy all demonstrate that the person is committed to their recovery. This consistent follow-through shows how much effort and expense the injured person is putting into their recovery process, which strengthens their claim. These records become vital evidence, especially when seeking compensation for pain, suffering, and other non-financial losses.
The Impact of Helmet Use on Motorcycle Accident Claims
Helmet use can have a significant impact on motorcycle accident claims in Pennsylvania. The state requires all motorcyclists and passengers under the age of 21 to wear a helmet. Riders over 21 are only required to wear a helmet if they have had their motorcycle license for less than two years or have not completed an approved motorcycle safety course. Although helmet use is not mandatory for all motorcyclists, failing to wear a helmet can affect the outcome of a personal injury claim.
If a motorcyclist was not wearing a helmet at the time of the accident and suffered head injuries, the defendant may argue that the motorcyclist was partially at fault for their injuries. This could reduce the compensation the motorcyclist receives under the comparative negligence rule. However, if the motorcyclist did not suffer head injuries, helmet use may not be relevant to the claim. It is important for motorcyclists to understand how helmet use can impact their case and to seek legal advice if they have concerns about liability.
Emphasis on motorcycle safety should last more than a month
The month of May was National Motorcycle Safety Awareness Month. While it can be effective to dedicate that time to increase motorcycle safety, it is essential that all drivers and motorcyclists continue to do so even after that month is over.
This is especially important in Pennsylvania, which is one of the most dangerous states for motorcyclists.
Pennsylvania roads are not safe for motorcyclists
In 2017, Pennsylvania ranked fourth in the list of states with the most motorcycle deaths. And this year does not look much better. There have been several fatal motorcycle accidents across the commonwealth already this year since the warmer weather arrived.
Unfortunately, there is no specific reason why Pennsylvania roads are so dangerous for motorcyclists. However, the Governors Highway Safety Association’s report does list a few common contributing factors, including:
- Inclement weather
- Lack of helmet use
- Speeding
- Impaired driving
Other motorists on the road also pose a significant hazard to motorcyclists. When they do not understand a motorcycle’s right of way or do not take care to look for motorcycles, they could hit them or drive them off the road.
How to expand motorcycle safety awareness
Increasing motorcycle safety should not stop after May ends. It is something that motorcyclists and drivers alike should keep in mind for the length of the warm weather months.
It is critical that motorcyclists:
- Wear helmets and protective gear every time they ride
- Inspect their motorcycle regularly to ensure it is in good condition
- Attend a motorcycle safety course to reinforce riding skills
- Follow all traffic laws and signals
- Drive defensively
However, other motorists on Pennsylvania roads can also help keep motorcyclists safe by:
- Checking blind spots carefully before turning or changing lanes
- Maintaining a safe following distance from motorcycles
- Always using turn signals
Even if motorcyclists wear all of the proper protective gear and drive defensively, they usually fare much worse in a collision with another vehicle than the other driver. Therefore, every motorist on the road has the responsibility to keep the roads safe for motorcyclists. And improving safety measures for motorcyclists often makes the roads safer for everyone.
The Importance of Legal Representation
Navigating the complexities of motorcycle accident liability and negligence laws in Pennsylvania can be challenging, especially when dealing with insurance companies and legal proceedings. Having legal representation is crucial for protecting the rights of motorcyclists and ensuring they receive fair compensation for their injuries. An attorney can help gather and present evidence, negotiate with insurance companies, and represent the motorcyclist’s interests in court if necessary.
An experienced attorney can also provide valuable guidance on the legal options available and help motorcyclists understand their rights and responsibilities. They can assess the strengths and weaknesses of the case and develop a strategy to pursue the best possible outcome. By handling the legal aspects of the case, an attorney allows the motorcyclist to focus on their recovery and well-being.
Gathering Evidence After a Motorcycle Accident
One of the most important steps in proving fault in a motorcycle accident is gathering evidence. Right after the crash, if you are able to, it is crucial to collect as much information as possible. This can include taking pictures of the scene, getting the contact information of witnesses, and making note of the road conditions, weather, and any other factors that might have contributed to the accident. The more evidence you have, the stronger your case will be.
Pictures of the accident scene can help show the position of the vehicles, the damage to your motorcycle, and any skid marks or debris on the road. All of this can be useful in showing how the accident happened. Additionally, witness statements can provide valuable details from people who saw what occurred. They may have noticed something that you didn’t see in the moment, such as the other driver speeding or running a red light.
Police reports can also be a key piece of evidence in motorcycle accident cases. If the police responded to the scene, they will usually create a report that includes their observations and any citations issued to the other driver. This report can be used as proof that the other party was at fault.
Contact McDonald At Law Today
If you or a loved one has been involved in a motorcycle accident in Pennsylvania, it is important to understand your legal rights and options. The complexities of motorcycle accident liability and negligence laws can be overwhelming, but you do not have to face them alone. At McDonald At Law, we are dedicated to providing compassionate and effective legal representation to those affected by motorcycle accidents. Our team is committed to pursuing the best possible outcome for your case and ensuring that you receive the compensation you deserve. Contact us today for a consultation and let us help you navigate the path to recovery.