McKeesport Motorcycle Accident: Your Guide to Pennsylvania Law

Motorcycle Accidents in McKeesport: What You Need to Know

A motorcycle accident in McKeesport can turn your life upside down in an instant. You are facing medical bills, lost wages, and the stress of a sudden injury. We understand the immediate fear and confusion that follows.

Our firm helps motorcycle accident victims in McKeesport navigate these challenging times. We know the specific laws that apply to motorcycle riders in Pennsylvania, and we are here to guide you through every step of your recovery process.

The Dangers Motorcycle Riders Face on McKeesport Roads

Motorcyclists often face unique dangers on the road. Other drivers may not see motorcycles, leading to serious collisions. In McKeesport, busy intersections and roads like Fifth Avenue (Route 148) and the McKeesport-Duquesne Bridge can be particularly hazardous. Drivers merging from side streets or turning left may fail to yield, putting motorcyclists at extreme risk.

When a crash happens, a motorcyclist has very little protection. This often leads to severe injuries such as broken bones, road rash, head trauma, and spinal cord injuries. These injuries can require extensive medical care, rehabilitation, and a long time away from work.

Understanding Pennsylvania's Motorcycle Laws

Pennsylvania law has specific rules for motorcycle accidents. One critical area is insurance coverage and the concept of "limited tort" and "full tort." Unlike car drivers, motorcyclists are generally considered "full tort" by default. This means you are not restricted in your ability to seek compensation for pain and suffering, even if you chose limited tort for your car insurance policy.

However, there are exceptions. If you are injured on a motorcycle, but the accident involved another vehicle, the other driver's insurance can come into play. It's important to know that if the other driver was at fault, you can typically pursue a claim against their insurance.

A significant carve-out in Pennsylvania law protects motorcyclists. If you are involved in an accident while riding your motorcycle, you are exempt from the limited tort restrictions of your own automobile insurance policy. This is codified in 75 Pa. C.S. § 1705(d)(3). This means you generally retain your full right to sue for pain and suffering damages, even if your car insurance policy has limited tort. This is a crucial distinction that many accident victims and even some legal professionals might overlook.

Comparative Negligence in Pennsylvania Motorcycle Accidents

Pennsylvania follows a modified comparative negligence rule, outlined in 42 Pa. C.S. § 7102. This means that if you were partly at fault for the accident, your compensation might be reduced. For example, if a jury determines you were 20% responsible for the crash, your damages would be reduced by 20%. If you are found to be more than 50% at fault, you cannot recover any compensation.

Insurance companies often try to shift blame to the motorcyclist. They might argue you were speeding, weaving, or otherwise driving carelessly. We fight these unfair accusations. Our goal is to prove the other driver's negligence and protect your right to full compensation.

The Statute of Limitations: A Critical Deadline

After a motorcycle accident, time is not on your side. In Pennsylvania, there is a strict deadline for filing a personal injury lawsuit. This is called the statute of limitations. For most personal injury claims, including those from motorcycle accidents, you have two years from the date of the accident to file a lawsuit. This rule is found in 42 Pa. C.S. § 5524.

If you miss this deadline, you will likely lose your right to pursue compensation, no matter how severe your injuries or how clear the other driver's fault. This is why it is so important to speak with an attorney as soon as possible after your accident. Waiting can harm your case.

Common Injuries from Motorcycle Accidents

The lack of protection on a motorcycle means injuries are often severe and life-altering. We frequently see:

• Road Rash: Abrasions from sliding on the pavement, often requiring skin grafts.
• Fractures: Broken bones in arms, legs, ribs, and collarbones are common.
• Head and Brain Injuries: Even with a helmet, concussions and traumatic brain injuries can occur.
• Spinal Cord Injuries: These can lead to paralysis and long-term disability.
• Internal Injuries: Damage to organs that may not be immediately apparent.
• Burn Injuries: From contact with hot engine parts or road friction.

These injuries often require extensive medical treatment, sometimes at facilities like UPMC McKeesport Hospital. The costs can quickly add up, and you shouldn't have to bear that burden alone if someone else caused your accident.

Dealing with Insurance Companies

After your accident, you will likely hear from the other driver's insurance company. They might offer a quick settlement. Be careful. These initial offers are almost always far less than what your claim is truly worth. Their goal is to close the case quickly and cheaply.

We handle all communication with insurance adjusters. We gather all necessary evidence, including police reports, medical records, witness statements, and expert testimony. This allows us to build a strong case that accurately reflects the full extent of your damages, including current and future medical expenses, lost wages, pain and suffering, and other related costs.

Never sign anything or provide a recorded statement to an insurance company without first speaking with your own attorney. What you say can be used against you to reduce or deny your claim.

What to Do Immediately After a McKeesport Motorcycle Accident

The moments following an accident are critical. Here's what you should do:

1. Ensure Safety: Move yourself and your motorcycle to a safe location if possible.
2. Call 911: Report the accident to the police and get medical help. Even if you feel fine, adrenaline can mask serious injuries. The police report will be a vital piece of evidence.
3. Exchange Information: Get the other driver's name, insurance information, license plate number, and contact details.
4. Document the Scene: Take photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries. Note the time, date, and exact location.
5. Seek Medical Attention: Go to the emergency room or your doctor immediately. This creates a record of your injuries and helps your health. Follow all medical advice.
6. Do Not Admit Fault: Avoid discussing fault with anyone at the scene or with insurance adjusters.
7. Contact an Attorney: Speak with a McKeesport motorcycle accident lawyer as soon as possible.

Even if you are ticketed at the scene, this does not automatically mean you were at fault for the accident. We can investigate the circumstances and challenge unfair citations.

What to Do Next

If you have been injured in a motorcycle accident in McKeesport, your next step should be to consult with an attorney. We offer a free, no-obligation case evaluation to discuss your situation and explain your legal options. Do not delay, as important deadlines apply to your claim.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh.

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Frequently Asked Questions

What if the other driver blames me for the motorcycle accident?

Insurance companies often try to shift blame to motorcyclists. Pennsylvania uses a modified comparative negligence rule, meaning your compensation can be reduced or denied if you are found to be more than 50% at fault. We gather evidence to counter these claims and prove the other driver's negligence.

How long do I have to file a lawsuit after a motorcycle accident in Pennsylvania?

In Pennsylvania, the statute of limitations for most personal injury claims, including motorcycle accidents, is two years from the date of the accident. If you do not file a lawsuit within this timeframe, you will likely lose your right to pursue compensation.

Can I still get compensation if I was not wearing a helmet?

Pennsylvania law allows riders over 21 who have two years of riding experience or have completed a motorcycle safety course to ride without a helmet. Not wearing a helmet if legally permitted does not automatically prevent you from seeking compensation. However, if your injuries were made worse because you were not wearing a helmet when you should have been, it could affect your claim.

How much does a motorcycle accident lawyer cost?

We handle motorcycle accident cases on a contingency fee basis. This means you do not pay us any upfront legal fees. We only get paid if we recover compensation for you, and our fees come out of the settlement or verdict. If we don't win, you don't pay us.

What kind of compensation can I receive after a motorcycle accident?

You may be able to recover compensation for various damages, including medical expenses (past and future), lost wages, pain and suffering, emotional distress, and property damage to your motorcycle. The specific types and amounts of compensation depend on the unique details of your case.

What is the difference between limited tort and full tort for motorcyclists in PA?

Unlike car drivers, motorcyclists in Pennsylvania are generally considered 'full tort' by default when injured on their motorcycle, regardless of their personal auto insurance selection. This means you typically retain your full right to sue for pain and suffering damages, a right protected by 75 Pa. C.S. § 1705(d)(3).

Should I talk to the other driver's insurance company?

It is generally not advisable to speak with the other driver's insurance company or provide a recorded statement without first consulting with your attorney. Insurance adjusters are trained to minimize payouts, and anything you say can be used against you to reduce or deny your claim.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh.