Delaware County Motorcycle Accident Lawyer
Riding a motorcycle can be both a means of transportation and a manner of enjoyment. Most trips can be completely safe if both the motorcyclists and drivers around them exercise reasonable care. However, you cannot always control what a driver does on the road and the level of regard that they have for your safety as a biker.
If you have been injured in a motorcycle accident, you may be entitled to financial compensation, but only after you successfully file a claim or lawsuit for your damages. Contact a motorcycle accident lawyer at Bikers Have Rights to learn more about whether you may be entitled to a settlement check for your injuries.
How Does Motorcycle Insurance Work in Pennsylvania?
Ordinarily, Pennsylvania law gives drivers the right to choose between full and limited tort coverage. For motorcyclists, they have only one choice. They must purchase full tort coverage. Although this may cost more money, it also allows you to recover more in financial compensation when the other driver was to blame for your injury. You can receive full non-economic damages for your injuries, including pain and suffering and emotional distress.
What Are Common Causes of Motorcycle Accidents?
A driver can cause a serious motorcycle accident through a single misstep at any given point in time. All it takes is one momentary mistake to cause injuries that can change the course of your life. Common causes of motorcycle accidents in Delaware County include:
- Illegal left-hand turns that cut in front of the biker
- Distracted driving, which causes the motorist not to see the motorcyclist
- Changing lanes without properly checking blind spots
- Traveling above the post to the speed limit or at speeds that are unreasonable for the circumstances
- Driving under the influence of alcohol or drugs
These examples of negligent or reckless behavior could entitle you to financial compensation.
What Are My Legal Rights if I Was Injured in a Motorcycle Accident?
You have the legal right to be fully compensated for all of the damages you have suffered when you can prove that someone else was at fault for the motorcycle accident. You must first work to establish your legal right to compensation by gathering evidence that shows that the driver involved in the crash was to blame. You should not take anything as a given in the wake of a motorcycle accident. The mere fact that the accident happened is not proof that the other driver was to blame. Instead, you need physical evidence, such as witness testimony and crash analysis, to prove fault.
How Can I Be Compensated for My Motorcycle Accident Injuries?
There are two potential ways to receive compensation for your motorcycle accident injuries:
- Most often, you would file a claim against the responsible driver’s car insurance policy, and you may receive damages up to the amount of the policy limit when you can prove fault
- You also have the right to file a lawsuit against the responsible driver in court
These two options are not usually exclusive. If you have filed an insurance claim, and the insurance company will not pay you what you deserve, you always can file a lawsuit against the driver in court. Either way, you are always dealing with the insurance company because they have the duty to defend their policyholder. It would be the insurance company that negotiates the settlement agreement that pays you for your injuries, no matter how you have chosen to seek compensation.
What if the Insurance Company Is Trying to Blame Me for the Accident?
Insurance companies know that juries view motorcyclists as riskier than the average person. They may try to take full advantage of that during the claims process. One tactic that they use is to try to blame the motorcyclist for the accident that injured them. Under Pennsylvania law, motorcyclists may not receive compensation if they were more than 50% to blame for the accident. Even if they bear less fault than this threshold, their compensation would be reduced by their percentage of blame.
Fighting back when you have been wrongfully blamed for the accident is always in your interest. As unfair as it may seem, your motorcycle accident lawyer may need to gather evidence that shows what you were doing because you may need to disprove these allegations to be fully compensated. If you let any accusations go unaddressed, it can hurt you in the legal process.
How Long Do I Have to File a Motorcycle Accident Claim or Lawsuit?
Pennsylvania law imposes a statute of limitations that puts a cap on the amount of time that you have to file a lawsuit. You have two years from the date that you were injured or should have known that you were injured to file a claim or lawsuit. The same thing goes when you are filing a wrongful death lawsuit when a loved one passes away from a motorcycle accident.
The statute of limitations is a hard and fast deadline. If you miss it by even a day, you will lose the right to see compensation entirely. The statute of limitations often comes into play when engaging in protracted settlement negotiations with the insurance company. The way that you can avoid missing this deadline is to hire a motorcycle accident lawyer as soon as possible after the crash.
Do I Need a Lawyer for My Motorcycle Accident Case?
If you have been involved in a motorcycle accident, your injuries are likely serious. Since the amount of your compensation is tied to the severity of your injuries, there is likely a large amount of money on the line. Thus, you cannot afford to take any chances when your compensation is at stake. Along the way, you are dealing with an insurance company that wants to save money in any way it can, and you need someone who can fight for you.
Bikers Have Rights knows the complexities of motorcycle accident cases because we represent injured bikers every day. We have over thirty years of experience representing injured motorcyclists, fighting for them to receive every dollar they deserve in compensation. You can trust us to handle your case when your financial future is on the line.
Contact a Delaware County Motorcycle Accident Lawyer at Bikers Have Rights
If you have been injured in a bike crash, turn to a Delaware County motorcycle accident lawyer at Bikers Have Rights. We offer free consultations to injured motorcyclists, and all you need to do to schedule one is to call us today at 215-525-1616 or 877-333-0300 or contact us online. Our office is in Plymouth Meeting, Pennsylvania, and we serve injured motorcyclists throughout Pennsylvania and New Jersey.