Navigating Pennsylvania's Legal Landscape: A Motorcycle Accident Survivor's Guide

Motorcycle accidents can produce some of the most catastrophic injuries for a motorcycle rider and their passengers when compared to other types of motor vehicle accidents. Despite motorcycle ownership on the rise, there is still a great danger to it. When a motorcyclist is in an accident it is highly likely that they won’t walk away from their experience with minor physical bodily harm but rather, severe injuries. It is important that after a motorcycle accident, a survivor knows what their rights are and what they can do to take legal action for compensation in the state of Pennsylvania.

If you were injured in a Pennsylvania motorcycle accident, you may be feeling overwhelmed and distressed about your current physical state and your impending costly losses. Recovering the most compensation possible is necessary. An attorney can help. You are welcome to connect with the Pennsylvania motorcycle accident attorneys at Edelstein Martin & Nelson, LLP.

Legal Action After a Pennsylvania Motorcycle Accident

Riding a motorcycle is a very popular pastime in the Keystone State. As such, plenty of accidents are reported each year which puts Pennsylvania in the top 10 states for motorcycle accidents quite frequently. Recently, motorcycle accidents represented a bit over 2.1% of all of the motor vehicle accidents reported throughout the state but they accounted for over 14% of all of the fatal crashes that occurred. 

Pennsylvania motorcycle laws generally state that motorcyclists have many of the same obligations and rights as other motor vehicle drivers. The rules of the road that apply to other vehicles also apply to motorcycles with some caveats including the following:

• A special Pennsylvania driver’s license with a Class M designation is required to ride a motorcycle independently. With a supervisory rider, then a motorcyclist must have a permit.
• Most motorcyclists are required by state law to wear an approved helmet by U.S. Department of Transportation Standards.
• A motorcyclist is not permitted to lane split, or drive between two lanes in the same direction as traffic.
• Only two motorcyclists are allowed in a single lane riding next to each other.
• Both hands are required to be on the motorcycle’s handlebars.
• Only motorcycles designed to carry more than one person can legally ride with more than one person.
• A motorcycle rider has the choice to purchase either no-fault or fault-based insurance. No-fault insurance essentially bars you from filing a claim against another party while fault insurance allows this. Additionally, a motorcyclist must have liability insurance.

When an accident happens, securing compensation can depend on many things including one’s insurance. Individuals with fault-based insurance can file a claim against the party that caused their accident while individuals with no-fault insurance will file a claim with their own provider. So, for those who have fault-based insurance, determining what parties are liable for their damages is essential. In this way, a fault-based insurance carrier must be able to establish fault, or what parties were negligent.

Sometimes it is not only one party that causes a motorcycle accident but more than one has some responsibility. Pennsylvania’s modified comparative fault rule allows any party that is not over 50% responsible for causing an accident the ability to recover compensation. Although, the amount they can get will be reduced by the percentage they are considered liable for the crash.

Speak with an Attorney at Edelstein Martin & Nelson, LLP

Unraveling motorcycle accidents and determining liability and what options are available to secure compensation can be a tricky thing to do. You don’t have to manage everything alone.

Call Edelstein Martin & Nelson, LLP today to schedule a free consultation at (215) 731-9900 so you can discuss your motorcycle accident injury claim with a knowledgeable attorney.