How Comparative Negligence Affects Pennsylvania Motorcycle Accident Claims

After a motorcycle accident in Pennsylvania, your focus is on healing. You might be facing severe injuries, medical bills, and the stress of missing work.

But amidst this difficult time, you may also be wondering who is responsible for the crash and what steps you can take. If you're found partly at fault, it can complicate things.

What is Comparative Negligence in Pennsylvania?

Comparative negligence is a legal principle that allows you to recover damages even if you were partly to blame for an accident. In Pennsylvania, our law on comparative negligence is found in 42 Pa. C.S. § 7102. This statute establishes a modified comparative negligence rule.

What this means for you is that as long as your share of the fault for the motorcycle accident is 50% or less, you can still pursue a claim. However, the amount you can potentially receive will be reduced by your percentage of fault. If your fault is found to be greater than 50%, you are barred from receiving any compensation.

Example of How It Works

Imagine you were riding your motorcycle, and another driver turned left in front of you without yielding. However, an investigation reveals you were speeding slightly at the time of the crash. A jury might decide the other driver was 80% at fault, and you were 20% at fault.

Because your fault is 20% (which is 50% or less), you can still pursue a claim. If your total damages were determined to be $100,000, for instance, your recoverable amount would be reduced by your 20% fault, leading to a possible $80,000. If the jury had found you 51% at fault, you would not be able to recover anything under Pennsylvania law.

Common Scenarios Leading to Shared Fault in Motorcycle Accidents

Motorcycle accidents often involve complex factors. While motorcyclists are frequently seen as careful and responsible drivers, other drivers sometimes try to place blame on the injured rider. Some common arguments used to assign partial fault to a motorcyclist include:

• Speeding: Driving above the posted speed limit or too fast for conditions.
• Lane Splitting: Riding between lanes of traffic. While it might be legal in some states, it is illegal in Pennsylvania and can contribute to fault.
• Failure to Wear a Helmet: Although Pennsylvania has modified helmet laws (riders over 21 with two years of riding experience or who complete a safety course can ride without a helmet), not wearing one could be used to argue you made your injuries worse. This often relates to the "avoidable consequences" rule, where a jury might consider if your injuries would have been less severe had you worn a helmet.
• Improper Lane Use: Weaving in and out of traffic or not staying within a single lane.
• Driving Under the Influence: Operating a motorcycle while impaired by alcohol or drugs.

We understand that these accusations can be frustrating, especially when you are already dealing with the aftermath of a serious crash. Our role is to protect your rights and fight against unfair blame.

How Evidence Plays a Role

Determining fault in a motorcycle accident is crucial. The insurance companies involved will conduct their own investigations, and they will often try to find ways to reduce their liability by shifting blame to you. This is why gathering strong evidence is so important.

Key pieces of evidence in a motorcycle accident case may include:

• Police reports
• Witness statements
• Photographs and videos of the accident scene, vehicle damage, and injuries
• Traffic camera footage
• Dashcam footage
• Medical records
• Accident reconstruction reports
• Vehicle black box data
• Expert testimony

We work diligently to collect and preserve all available evidence. This evidence helps us build a clear picture of how the accident happened and who was truly at fault. It also allows us to challenge any accusations of comparative negligence against you.

Limited Tort vs. Full Tort and Comparative Negligence

Pennsylvania's car insurance system offers two tort options: limited tort and full tort. While often discussed in the context of car accidents, these options can also impact motorcycle accident claims, especially regarding your ability to seek pain and suffering damages.

• Full Tort: If you chose full tort coverage, you retain the right to sue for all damages, including pain and suffering, regardless of the severity of your injuries. Your ability to seek these damages is not impacted by comparative negligence beyond the reduction for your fault percentage.
• Limited Tort: With limited tort, you give up the right to sue for pain and suffering unless your injuries meet a "serious injury" threshold, as defined by law. However, there are specific carve-outs for limited tort that allow you to pursue pain and suffering even if you chose limited tort. For motorcycle accidents, one important carve-out is found in 75 Pa. C.S. § 1705(d)(3), which states that occupants of a motorcycle are not bound by the limited tort election. This means that if you were injured on your motorcycle, your limited tort election on your car insurance policy may not apply, potentially allowing you to seek pain and suffering damages. Other carve-outs include if the at-fault driver was driving under the influence (75 Pa. C.S. § 1705(d)(1)(i)).

Understanding which tort option applies to your specific situation is complex, and it's important to discuss this with an experienced attorney. We can review your policy and explain your rights.

The Statute of Limitations in Pennsylvania

Time is a critical factor in any personal injury case, including motorcycle accidents. In Pennsylvania, there is a strict deadline for filing a lawsuit known as the statute of limitations. For most personal injury claims, this deadline is two years from the date of the accident, as outlined in 42 Pa. C.S. § 5524.

If you do not file your lawsuit within this two-year period, you will likely lose your right to pursue your claim, regardless of how strong your case might be. This deadline applies even if comparative negligence is a factor in your case.

It is important to contact a personal injury attorney as soon as possible after your motorcycle accident. This allows us ample time to investigate your case, gather evidence, and meet all necessary deadlines.

Dealing with Insurance Companies

Insurance companies are businesses, and their primary goal is to protect their bottom line. They will often try to minimize the amount they pay out. They might contact you quickly after an accident and try to get you to make statements that could hurt your case or accept a low offer.

If you are questioned about your role in the accident, the insurance adjuster might try to get you to admit partial fault. It is important to remember that you are not obligated to give recorded statements to the at-fault driver's insurance company without legal counsel.

We have extensive experience dealing with insurance adjusters. We can handle all communications on your behalf, ensuring your rights are protected and that you do not inadvertently say anything that could be used against you in a comparative negligence argument.

What to do next

If you have been injured in a motorcycle accident in Pennsylvania and believe comparative negligence might be a factor, your immediate next step should be to consult with an experienced personal injury attorney. We can evaluate the specifics of your accident, explain how Pennsylvania's comparative negligence laws apply to your unique situation, and help you understand your legal options.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is comparative negligence?

Comparative negligence is a legal rule that reduces the amount of damages you can receive in a personal injury case if you are found partly at fault for the accident. In Pennsylvania, you can still recover if your fault is 50% or less, but your damages will be reduced by your percentage of fault.

How does Pennsylvania's comparative negligence law affect my motorcycle accident claim?

Under 42 Pa. C.S. § 7102, if you are found to be 50% or less at fault for a motorcycle accident, you can still recover damages. However, your total damages will be reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover anything.

Can not wearing a helmet affect my motorcycle accident claim in PA?

While Pennsylvania has specific helmet laws, not wearing a helmet could potentially be used by the defense to argue that you contributed to the severity of your injuries. This might reduce the amount you could otherwise receive, especially for head injuries.

What if the insurance company says I was partly at fault for my motorcycle crash?

It is common for insurance companies to try to assign partial fault to injured riders to reduce what they might pay. Do not admit fault or give a recorded statement without first speaking with a personal injury attorney. We can protect your rights and challenge unfair accusations of fault.

Is there a deadline to file a motorcycle accident lawsuit in Pennsylvania?

Yes, in Pennsylvania, you generally have two years from the date of the motorcycle accident to file a personal injury lawsuit. This is known as the statute of limitations, outlined in 42 Pa. C.S. § 5524. Missing this deadline can mean losing your right to pursue your claim.

Does limited tort insurance affect my motorcycle accident claim?

Generally, if you are on a motorcycle, your limited tort election from your car insurance policy may not apply, as per 75 Pa. C.S. § 1705(d)(3). This means you might still be able to seek pain and suffering damages, even if you have limited tort. It is important to discuss your specific policy with an attorney.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.