Motorcycle Accident Injury Lawyers in Lancaster, PA: Your Guide to Recovery

A motorcycle accident can change your life in an instant. The pain, medical bills, and lost wages can be overwhelming, especially when an adjuster is pressuring you to accept a low settlement offer.

We understand the difficult position you are in. When you are seriously hurt in a motorcycle crash in Lancaster, Pennsylvania, you need clear information about your legal rights and options.

Motorcycle Accident Injury Lawyers Lancaster PA

Motorcycle accidents often result in severe injuries due to the limited protection riders have. Unlike car drivers, motorcyclists do not have airbags or a steel frame to absorb impact. This means even a minor collision can lead to significant physical harm.

Common injuries include road rash, broken bones, spinal cord damage, traumatic brain injuries, and internal organ damage. These injuries often require extensive medical treatment, including surgery, rehabilitation, and long-term care. The costs can quickly add up, leaving accident victims and their families facing immense financial strain.

Beyond the physical and financial tolls, there is also the emotional impact. Many riders experience post-traumatic stress, anxiety, and depression after a serious crash. The thought of getting back on a motorcycle can be terrifying, and some may never ride again. We recognize that your recovery is not just about physical healing but also about your mental and emotional well-being.

Understanding Pennsylvania Motorcycle Accident Law

Pennsylvania law has specific rules that apply to motorcycle accidents. These rules can be complex, and knowing how they affect your case is important. We can help you navigate these laws and protect your right to compensation.

Limited Tort vs. Full Tort

In Pennsylvania, your choice of insurance coverage—limited tort or full tort—can significantly impact your ability to recover for pain and suffering after a motorcycle accident. If you chose limited tort coverage, you generally give up your right to sue for pain and suffering unless your injuries meet certain serious injury thresholds. However, there are important exceptions to limited tort coverage that often apply to motorcycle accidents.

For example, if you were injured in a motorcycle crash, the limited tort option generally does not apply. This is a crucial distinction. Specifically, 75 Pa. C.S. § 1705(d)(3) states that the limited tort option does not apply to "an individual who is injured in a motor vehicle accident and who is not an occupant of a motor vehicle involved in the accident." Because a motorcycle is legally a "motor vehicle" but a motorcyclist is not typically considered an "occupant of a motor vehicle" in the same way a car driver or passenger is for this specific section, injured motorcyclists often fall under this exception. This means you may be able to pursue a claim for pain and suffering even if you selected limited tort coverage on your personal car insurance policy.

Another important exception is if the at-fault driver was convicted of driving under the influence (DUI) or accepted Accelerated Rehabilitative Disposition (ARD) for DUI. In such cases, 75 Pa. C.S. § 1705(d)(1)(i) states that the limited tort option does not apply, allowing you to seek full compensation for your injuries, including pain and suffering.

Understanding these exceptions is vital, as they can dramatically impact the value of your claim. We can review your insurance policy and the specifics of your accident to determine which rules apply to your case.

Comparative Negligence in Motorcycle Accidents

Pennsylvania follows a modified comparative negligence rule, which means that if you are found partly at fault for your motorcycle accident, your compensation may be reduced. Under 42 Pa. C.S. § 7102(a), if you are determined to be 50% or less at fault, you can still recover damages, but your award will be reduced by your percentage of fault. For example, if you are 20% at fault, your compensation will be reduced by 20%. However, if you are found to be more than 50% at fault, you cannot recover any damages.

Insurance companies often try to assign some blame to motorcyclists, arguing that they are inherently more dangerous or were riding recklessly. We understand these tactics and work to protect you from unfair accusations of fault. We gather evidence, such as accident reports, witness statements, and traffic camera footage, to clearly establish what happened and who was responsible.

The Statute of Limitations

It is important to act quickly after a motorcycle accident. In Pennsylvania, there is a strict deadline for filing a personal injury lawsuit, known as the statute of limitations. For most personal injury claims, including those arising from motorcycle accidents, you generally have two years from the date of the accident to file a lawsuit. This rule is set out in 42 Pa. C.S. § 5524. If you miss this deadline, you will likely lose your right to pursue compensation, regardless of how severe your injuries are or how clear the other driver's fault is.

The two-year clock starts ticking on the day of the crash. While two years may seem like a long time, investigating a complex motorcycle accident takes time. Gathering medical records, police reports, witness statements, and expert opinions can be a lengthy process. Delaying can make it harder to collect crucial evidence and build a strong case. It is always best to seek legal advice as soon as possible after your accident to ensure your claim is filed within the required timeframe.

What Damages Can You Recover?

After a motorcycle accident, you may be entitled to various types of compensation for your losses. These can include:

• Medical Expenses: This covers everything from emergency room visits and ambulance rides to surgeries, hospital stays, prescription medications, physical therapy, and future medical care related to your injuries.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you have lost, as well as any future earning capacity that has been diminished due to your injuries.
• Pain and Suffering: This accounts for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life you experience because of the accident.
• Property Damage: The cost to repair or replace your damaged motorcycle and any other personal property damaged in the crash.
• Other Out-of-Pocket Expenses: This can include costs for things like transportation to medical appointments, household help if you are unable to perform daily tasks, and modifications to your home or vehicle if your injuries require them.

The specific damages you can recover will depend on the facts of your case, the severity of your injuries, and the impact the accident has had on your life. We work diligently to identify all potential avenues for compensation and ensure that every aspect of your losses is accounted for.

Dealing with Insurance Companies

After a motorcycle accident, you will likely find yourself dealing with insurance adjusters. Their primary goal is often to minimize the amount of money their company pays out. They may try to get you to make recorded statements, sign releases, or accept a quick settlement offer that is far less than what your claim is truly worth.

It is important to remember that insurance adjusters are not on your side. They represent the insurance company, not your interests. Any statements you make can be used against you later. We advise against speaking with insurance adjusters or signing any documents without first consulting with legal counsel. We can handle all communication with the insurance companies on your behalf, protecting your rights and ensuring you do not inadvertently harm your claim.

We negotiate with insurance adjusters to seek a fair settlement that fully compensates you for your injuries and losses. If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court to pursue the compensation you deserve.

What to do next

If you have been injured in a motorcycle accident in Lancaster, PA, you need to understand your legal options. Contact us today for a free, no-obligation consultation to discuss the specifics of your motorcycle accident.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh.

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Frequently Asked Questions

What should I do immediately after a motorcycle accident in Lancaster, PA?

First, ensure your safety and seek immediate medical attention for any injuries. Then, if possible, gather evidence at the scene, including photos, witness contact information, and the other driver's insurance details. Report the accident to the police and contact an attorney before speaking with any insurance adjusters.

How long do I have to file a claim 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 crash. This deadline is set by 42 Pa. C.S. § 5524. It is crucial to act quickly to preserve your right to compensation.

Can I still recover damages if I was partly at fault for my motorcycle accident?

Pennsylvania follows a modified comparative negligence rule. If you are found to be 50% or less at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover any damages.

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

You may be able to recover compensation for medical expenses, lost wages, pain and suffering, property damage to your motorcycle, and other out-of-pocket costs related to your injuries. The specific amount depends on the details of your accident and the severity of your injuries.

How do motorcycle accident injury lawyers in Lancaster PA help me?

We handle all aspects of your claim, from investigating the accident and gathering evidence to negotiating with insurance companies and, if necessary, representing you in court. Our goal is to protect your rights, navigate complex legal procedures, and secure the maximum compensation for your injuries.

Does my limited tort insurance affect my motorcycle accident claim in Pennsylvania?

For motorcycle accidents, the limited tort option often does not apply. Under 75 Pa. C.S. § 1705(d)(3), if you are injured while on a motorcycle, you may still be able to pursue a claim for pain and suffering, even if you have limited tort coverage on your personal auto policy. We can review your specific situation to confirm this.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh.