Although there are many similarities between automobile accidents and motorcycle accidents, there are some differences. Here’s what you need to know to file a motorcycle accident lawsuit in Pennsylvania.
Pennsylvania statute of limitations
The statute of limitations is the time a person has to bring a lawsuit. For motor vehicle accidents in Pennsylvania, the statute of limitations is two years. It is important to note that legal action should only be taken before the end of the limitation period; it does not need to be resolved or concluded by then. Your attorney can tell you the exact statute of limitations for your situation.
Pennsylvania Laws for Motorcycle Drivers
- Licence : Riders must pass a written test to apply for a Class M license. To obtain their license, they must pass a written exam and pass a road test or complete a Pennsylvania-approved motorcycle safety program.
- Use of the helmet: Riders are not required to wear a helmet if they are at least 21 years old and have held a Class M license for at least two calendar years or have passed an approved rider safety course. motorcyclists. All runners must wear goggles.
- Lane separation: Lane splitting is not allowed in Pennsylvania.
- Passengers: Passengers are allowed. They must not crowd the driver into their seat or require the driver to sit further forward than normal. They must wear a helmet if they are under 21. Footrests and handholds must be provided for passengers.
Identification of fault for a motorcycle accident
Pennsylvania is a modified comparative neglect state. This means that, when determining responsibility for the accident, the actions of both parties are taken into account and the damages are reduced according to each party’s responsibility.
For example, imagine that car A runs a red light and crashes into motorcycle B, which accelerates a little. The court could determine that the driver of car A is 90% responsible for the accident and that the driver of motorcycle B is 10% responsible. If the damage to Motorcycle B was $50,000, the driver could collect $45,000 (or 90% of $50,000).
However, in Pennsylvania, if a driver is more than 50% at fault for an accident, they cannot collect damages at all, despite the fact that the other party may have been partially at fault.
How can a lawyer help you?
A lawyer can relieve a lot of stress when it comes to filing a motorcycle accident case. Lawyers know how the legal system works and also have experience negotiating with insurance companies for more favorable settlements.
Most personal injury lawyers work on a contingency basis, meaning they only get paid if they win your case for you. The fees are generally 25 to 40% of the file value. You can try to navigate the system on your own, or you can work with a trained professional who will only charge you if you win. It’s hard to argue for hiring a lawyer to help you through the process.