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Motorcycle Accident Attorney

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Motorcycle Accident

Riding a motorcycle in Pennsylvania can be a dangerous feat. According to the Pennsylvania Crash Facts and Statistics, Motorcycle Crashes increase approximately 10% year over year.

As a result of being injured in a motorcycle accident, victims may have to deal with costly medical bills, loss of income, as well as emotional pain, physical pain, road rash, mental suffering, and PTSD. It goes without saying that physical recovery from a motorcycle accident is a long process.

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Pennsylvania Motorcycle Accident Injuries

Top Motorcycle Accident Attorney

Motorcycle accidents are typically caused by negligent drivers.

If you have suffered injuries after a motorcycle accident, you may be entitled to compensatory damages for:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium
Scherline-&-Associates Personal Injury Law Firm

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What to Do After a Motorcycle Accident

There are several important steps to take after a motorcycle accident.

  • Firstly, DO NOT admit fault, even if you think you were responsible for the accident. There are many factors at play that you might not know about. The driver, for example, could have been texting, intoxicated, or driving recklessly. Liability is best determined in a court of law.
  • Secondly, call the police to file an official police report of the accident and begin documenting the motorcycle accident evidence. Gather as much information as you can about your motorcycle accident, including:
    • License plate numbers
    • The driver’s license and insurance information
    • Contact information for any available witnesses
    • Year, make, and model for any vehicles involved in the accident
    • Names and contact information for anyone involved in the accident
    • Photos and videos of your injuries, property damage, and the accident scene
  • Thirdly, seek medical attention. Your physical well-being should be your first priority. If you are able, call 911 and seek immediate medical attention.

Motorcycle Risk Factors, Causes, and Injuries

Motorcycle accidents are different from car accidents. A motorcycle rider is at a heightened risk of injury and death. There are a number of risk factors that may place a motorcyclist at a greater risk, including:

There are many types of motorcycle accidents caused most commonly by the following:

  • Tailgating
  • Cars pulling in front of a motorcycle rider
  • Vehicles merging into a motorcyclist lane

Even while wearing helmets and protective equipment, a motorcycle rider is at a higher risk of suffering various injuries, including:

  • Concussion
  • Head injuries
  • Scarring
  • Road rash
  • Eye injuries
  • Broken bones
  • Brain damage
  • Nerve damage
  • Severance of limb(s)
  • Hearing damage
  • Internal bleeding
  • Facial disfigurement
  • Neck and spinal cord injuries

Proving Liability After a Motorcycle Accident

A negligent party is held liable for any injuries caused to a motorcycle rider. In order for an aggrieved motorcycle accident victim to recover damages, they must show that the driver was negligent.

This includes proving that:

  • The driver owed the motorcyclist a duty of care
  • The driver breached his or her duty of care through his or her actions or failure to act
  • The driver’s negligent actions were the significant factor that caused the motorcyclist’s injuries
  • The motorcyclist can prove injuries and damages

Can I Sue After a Motorcycle Accident?

For the most part, the individual who was responsible for causing your motorcycle accident will be liable for your injuries.

In order to recover damages you must file a personal injury claim with an experienced Lehigh Valley motorcycle accident injury attorney. If you were involved in a motorcycle accident, please talk with a motorcycle accident attorney even before you talk to the other driver’s insurance provider.

Auto insurance companies are not on your side. They want to settle your claim for as little as possible and will pressure you into settling quickly. A motorcycle accident attorney with Scherline & Associates can deal with the insurance companies so that you can focus on your health and well being.

Can I Sue on Behalf of a Spouse Who Was Killed?

Generally when a person passes away due to the negligence of another person, there are two different types of claims that may be brought.

A wrongful death action is brought on behalf of the family, 42 PA.C.S.A Section 8301. A survival action is brought by a representative of the decedent’s estate to bring a claim for the person who passed away, 41 PA.C.S.A. Section 8302.

As the surviving spouse of someone who was killed after a motorcycle accident, you may be entitled to file a wrongful death claim to recover damages.

The family members who are entitled to file a wrongful death claim include:

  • The surviving spouse
  • The decedent’s children
  • The surviving decedent’s parents

Recoverable damages after a wrongful death lawsuit will include the economic loss to the decedent’s family as well as loss of services, society and comfort the decedent would have provided if he or she lived. 

Additional damages include funeral expenses and medical expenses.

A survival action brought on behalf of the person who died and includes pain and suffering of a person that occurred between the collision and time of death, lost wages. Survival action allows the estate to be awarded damages that the decedent could have recovered had they lived.

Available Damages After a Motorcycle Accident

Available damages after a motorcycle accident will typically cover financial loss or harm that was caused by the accident. Settlement amounts vary depending on the circumstances. 

The injured motorcycle accident victim is entitled to sue for compensatory damages, including:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium

An injured motorcycle rider may also be entitled to punitive damages, which are separate from compensatory damages. Punitive damages may be awarded on top of the normal compensatory damages. Punitive damages are intended to punish a wrongdoer for their reckless behavior. 

A motorcyclist is always at a higher risk of being injured on the road than other motorists. This is especially true because many drivers don’t respect a motorcyclist’s right to safely share the road.

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If you have been injured in a motorcycle accident, you can count on the legal team at Scherline & Associates to fight for you every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.

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