Motorcycle accidents can be some of the most severe and complicated claims to navigate. Unlike car accidents, motorcycles offer less protection for riders, often resulting in more significant injuries. In Pennsylvania, there are several unique challenges that motorcyclists face when seeking compensation for their injuries after an accident. These challenges stem from both the nature of motorcycle accidents and the laws governing them.

In this blog post, we will explore these challenges and discuss how a skilled personal injury lawyer can help those affected by motorcycle accidents in Pennsylvania. We will also explain the steps involved in handling a motorcycle accident claim and why it is critical to have legal support in such cases.

Insurance and Liability Challenges for Motorcyclists

One of the primary hurdles in motorcycle accident claims is insurance. In Pennsylvania, the state follows a “no-fault” insurance system for car accidents, but motorcycles are treated differently. For instance, while Pennsylvania’s no-fault law applies to car accidents, it does not extend to motorcycle accidents. Motorcyclists must deal with traditional fault-based claims, which can make pursuing a case more complicated.

1. Liability Disputes

Motorcycle accidents often involve disputes about liability. Because motorcycles are less visible on the road and can easily be overlooked by other drivers, proving fault in an accident can be difficult. Insurance companies may try to place blame on the motorcyclist, even if the other party was at fault. This is especially common in cases where the motorcyclist was not wearing protective gear like helmets or jackets, as some insurers may argue that the rider was partially responsible for the extent of the injuries.

1. Insurance Company Bias Against Motorcyclists

In many cases, insurance companies have a bias against motorcyclists. Some insurance adjusters may stereotype motorcyclists as reckless or dangerous, regardless of the circumstances surrounding the accident. This bias can affect how the claim is handled and can result in lower settlements or even denials. Motorcyclists must be prepared to fight against these biases to ensure they are treated fairly and receive appropriate compensation for their injuries.

1. Lack of PIP Coverage

While Pennsylvania’s no-fault insurance system ensures that injured individuals can access medical treatment through Personal Injury Protection (PIP) coverage, this benefit is not available to motorcyclists. Since motorcycles are not covered under PIP, motorcyclists must rely on their own health insurance to cover medical expenses after an accident. This can create a financial burden, particularly if the rider suffers severe injuries that require long-term care.

Serious Injuries Common in Motorcycle Accidents

Motorcycle accidents often result in serious, life-threatening injuries. The lack of a protective barrier around the rider means that accidents involving motorcycles tend to cause more severe injuries compared to accidents involving passenger vehicles. Some of the most common injuries in motorcycle accidents include:

1. Head and Brain Injuries

Motorcycle riders are at a higher risk of head injuries, even if they wear helmets. Traumatic brain injuries (TBIs) are common in these accidents, and these injuries can have lifelong consequences. In Pennsylvania, motorcycle helmet laws are in place, but not all riders comply. Whether or not the rider was wearing a helmet can impact the claim, as insurers may argue that the rider’s negligence contributed to the extent of the injuries.

1. Spinal Cord Injuries

Another common injury in motorcycle accidents is spinal cord damage. These injuries often result in partial or total paralysis, requiring ongoing medical treatment, therapy, and significant lifestyle adjustments. The long-term care and rehabilitation costs associated with spinal cord injuries can be enormous, and it can be difficult to prove the full extent of these damages in a claim.

1. Fractures and Broken Bones

Motorcycle accidents often cause severe bone fractures due to the high-impact nature of the collision. These injuries may require surgery, extended hospital stays, and months or even years of rehabilitation. Broken bones can also lead to permanent disabilities, affecting the rider’s ability to work or perform daily tasks.

1. Road Rash and Soft Tissue Injuries

In addition to broken bones, motorcyclists often experience road rash, abrasions, and other soft tissue injuries. These injuries may not always seem severe at first, but they can result in infection or long-term pain. Sometimes, soft tissue injuries require extensive therapy or surgeries to repair, adding to the financial burden on the injured party.

Challenges of Proving Fault in Motorcycle Accidents

As with any personal injury claim, the burden of proving fault lies with the plaintiff—the injured party. In motorcycle accidents, this burden can be especially challenging due to the unique dynamics of these crashes.

1. Accident Reconstruction

Motorcycle accidents often require the assistance of accident reconstruction experts. These experts can analyze the scene, the vehicles involved, and other evidence to determine what happened before, during, and after the crash. In some cases, they may need to testify in court to help establish fault. This can add complexity and expense to the claim but is essential for ensuring that the motorcyclist’s version of events is presented accurately.

1. Eyewitness Testimony

Witnesses to motorcycle accidents may have limited understanding of how motorcycle crashes occur, and their testimony may be influenced by preconceived notions about motorcycles or motorcyclists. Therefore, it’s important to gather as much eyewitness testimony and evidence as possible to support the claim.

The Role of a Personal Injury Lawyer in Motorcycle Accident Claims

Given the complexities involved in motorcycle accident claims, it is essential for injured riders to consult with a skilled personal injury lawyer. A lawyer can help in several ways:

1. Investigating the Accident

A lawyer will work to investigate the cause of the accident, gathering evidence such as police reports, witness statements, video footage, and accident reconstruction data. This thorough investigation helps build a strong case for proving fault.

1. Dealing with Insurance Companies

Dealing with insurance companies can be particularly challenging for motorcyclists due to the bias mentioned earlier. A lawyer can handle communication with insurance adjusters, ensuring that the motorcyclist is not taken advantage of and that they receive a fair settlement.

1. Seeking Full Compensation

A lawyer can help ensure that the motorcyclist’s claim includes compensation for all damages, including medical expenses, lost wages, pain and suffering, and future care costs. By calculating the full extent of the damages, an experienced lawyer will work to get the rider the compensation they deserve.

Conclusion

Motorcycle accident claims in Pennsylvania present unique challenges, from navigating the insurance system to proving fault and dealing with severe injuries. If you’ve been injured in a motorcycle accident, it’s essential to have legal representation that understands the nuances of these cases and can fight for your rights.

At Kingbird Legal, we have the experience and expertise needed to help motorcycle accident victims in Pennsylvania pursue fair compensation for their injuries. Our team is dedicated to providing personalized, effective legal representation, and we’re here to help you through every step of the process. Contact us today for a free consultation to discuss your case. We’re ready to help you get the justice you deserve.