Motorcycle Accident Lawsuits Pennsylvania
Injured in a Pennsylvania motorcycle accident? Has a loved one suffered serious injury or wrongful death in a motorcycle accident in Pennsylvania? If so, you may be entitled to benefits, medical care and financial compensation per Pennsylvania motorcycle safety laws. In Pennsylvania motorcycle accidents are a leading cause of serious injury and wrongful death. You need our Pennsylvania motorcycle accident attorneys to help you obtain the medical benefits, lost wage compensation and pain and suffering compensation you are entitled to.
Please click here to connect with our Kennett Square motorcycle accident injury attorneys. They offer free case reviews and charge nothing unless they recover for you and your family. Serving those injured in auto accidents, medical malpractice, nursing homes and premises liability accidents in the Kennett Square, Chester, West Chester, Media, Norristown, Doylestown & Philadelphia areas.
Our West Chester, Pennsylvania motorcycle accident lawyers are dedicated to protecting the rights of motorcyclists in Pennsylvania. Although motorcycles do not make up even 10% of the vehicles on the road, they are involved in 10% of automobile accidents – meaning motorcyclists are at a greater risk of injury and even death when compared to other drivers. Further, in Pennsylvania, lane splitting is illegal, but many motorcycle drivers still do it despite the dangers. Not all drivers pay close enough attention to motorcycles that are driving in the gaps between cars in traffic. This practice requires attentiveness from all drivers, but it is still dangerous and can lead to injury.
The Dangers of Motorcycles
Motorcycle accidents result in higher degrees of injuries and fatalities than any other type of motor vehicle collision. This is because there is no exterior protection for a motorcyclist. While vehicles have airbags, windows, seatbelts, cushioned seats, and other materials that are manufactured into the car to keep the passengers as safe as possible, motorcycles are merely engines with seats attached to them. They do not have seatbelts or airbags like cars do, for instance. A motorcyclist can wear protective gear in the form of pads and a helmet, but if he is struck by another vehicle, he has nothing stopping from being crushed or flung off the bike.
There are numerous injuries that are common in motorbike accidents. Some of the most common are as follows:
- Crushed limbs, which can result in extensive surgery, permanent damage to appendages, or even forced amputations of the hands, legs, and other body parts.
- Head and brain trauma, which leads to fractured skulls, brain swelling or edema, hemorrhages, traumatic brain injuries, and permanent mental disorders.
- Spinal cord damage, resulting in paralysis, quadriplegia, and paraplegia, as well as disc issues, chronic back pain and stiffness, and vertebrae damage.
- Facial injuries, including facial fractures, broken cheekbones, broken noses, shattered teeth, loss of vision and ocular damage, deep lacerations, and permanent disfigurement.
- Broken and fractured bones all over the body, including pelvic fractures, cracked ribs, broken legs, broken arms, broken feet, and broken necks.
- Bodily injuries like deep cuts, sprains, dislocations, mangled appendages, and internal bleeding.
Liability In PA Motorcycle Accident Lawsuits
Determining liability can be a confusing process, but there is a clear set of rules to follow in terms of breached care. When driving on the road, all drivers are expected to afford common care and duty to fellow drivers. For a personal injury lawsuit regarding negligent actions resulting in a motorcycle accident to go through to the courts, the plaintiff, or rather their motorcycle injury attorney, has to be able to prove several things. The injured person was owed a duty of care, which is true as all drivers must use care in driving their vehicles; that duty was breached or ignored; that breach, or negligent act while driving, lead to a motor vehicle accident; and that accident was the cause of physical harm to the plaintiff. This is a cause and effect system, and if any of the elements are proven false, the entire system fails. In proving these four elements, a civil lawsuit aka a personal injury lawsuit, can be brought against any and all liable parties for your motorcycle accident. However, you do not only have the option to sue other motorists.
There are numerous parties that can be held liable for motorcycle accidents. Below is a list of common defendants in motorcycle accidents in the Commonwealth or Pennsylvania.
- Other motorists on the road can be sued for negligent driving, speeding, and driving under the influence. Negligent driving can be defined as anything reckless, such as texting while driving, not paying attention to the road, and being preoccupied while on the phone. Driving under the influence also contains various substances that can alter or impair judgment and motor skills; these substances include drugs, over the counter medication, alcohol, and painkillers.
- Manufacturers of motorcycles can have lawsuits brought against them for defective design or manufacturing of a motor vehicle. Duty, as discussed before, works slightly differently here when it comes to manufacturers; if a company failed to properly test parts of the motorcycle or willingly sold the vehicles with the knowledge that malfunctions were likely, the company can be sued for negligence. Common malfunctioning parts on motorcycles include brake lines, tires, and exhaust pipes.
- Pennsylvania government entities may be sued for their parts in motorcycle incidents. This can include PENNDOT, or the Pennsylvania Department of Transportation, may have defective highway designs that pose dangerous threats to motorists, or they may improperly cone and code construction zones.
- 3rd Party Liability claims can be filed against employers whose drivers caused the accident. For instance, a truck driver who was transporting cargo may have turned without paying attention to the lane behind him, and hit your motorcycle, leading to injuries and damage to the bike. You may be able to seek restitution from the company, as the driver was on company time performing his job duties when the accident occurred.
Contact Our West Chester Motorcycle Accident Lawyers
To discuss your claim with our skilled Chester County, Pennsylvania motorcycle accident attorneys please click here.