If you drive a motorcycle, you are aware of how dangerous it might be. However, that doesn't alleviate other drivers' responsibilities to you. People in cars and other motor vehicles are supposed to be careful and look for everyone on the road, including motorcycles. If you are the vehicle of a motorcycle accident that was the fault of the other driver, you may seek compensation for your injuries.
Philadelphia Motorcycle Accident Lawyer
If you or a loved one has been hurt in a motorcycle accident in the Philadelphia area, you deserve justice — not whatever lowball settlement the responsible driver's insurance company offers. A Philadelphia motorcycle accident lawyers at Alva Foster & Moscow, LLC can help you fight for what's to you.
We will negotiate for the best settlement you can get from the insurance company, and if they won't present an acceptable option, we have no fear of taking them to court. Call us today at (215) 665-1695 to schedule a consultation.
We can represent clients in Pennsylvania and the Philadelphia area, including in Chester County and Montgomery County.
Causes of Motorcycle Accidents in Pennsylvania
Motorcycles may make a lot of noise, but they are smaller than almost all vehicles out on the road. When switching lanes or pulling onto a road, drivers sometimes do not see them. Drivers can be especially prone to missing motorcyclists if they are driving too fast, texting or are drunk.
The fact that motorcyclists are easier to miss does not erase the responsibility drivers have to look out for everyone on the road. Drivers have a duty to operate their vehicles carefully and look out for all others they are sharing the road with — including motorcycles. Failing to meet that duty may constitute negligence.
Proving Negligence In Philadelphia Motorcycle Crashes
Negligence is the legal concept behind most motorcycle accidents. In negligence, the plaintiff, or person filing the lawsuit, must prove four elements with a preponderance of evidence, meaning they must prove that, more likely than not, what they say is true.
The four elements are:
- Duty: The defendant, or person being sued, must have had some sort of duty to act a certain way. In most cases, this is a duty to act like a reasonable person, or a reasonable driver of the regular amount of skill.
- Breach: The defendant must have breached that duty, or failed to act as a reasonable driver.
- Causation: The breach must be the actual and legal cause of the injury.
- Damages: The plaintiff must have suffered damages as a result of the breach of duty.
The defendant, or their insurance company, may argue that you, the motorcycle driver, violated the law and are therefore responsible for the accident. While it is true that motorcyclists sometimes go faster than the speed limit, that does not absolve the other driver of responsibility.
In Pennsylvania, a plaintiff cannot be more than 50 percent responsible for an injury. However, that is a matter to be resolved in court.
Damages in a Pennsylvania Motorcycle Accident
Do not believe or accept anything an insurance company tells you. They are looking out for their bottom line, which is well-served by arguing you are responsible for the accident. Your Philadelphia auto accident attorney can negotiate for the best settlement available, and sue if you still aren’t satisfied.
You may be eligible for both economic and noneconomic damages after a motorcycle accident. Economic damages are the tangible damages you can present a bill for, like medical bills, lost wages and lost ability to work if you have been paralyzed or lost function in a limb. Noneconomic damages are the more intangible, but still very real damages like pain and suffering, loss of life's pleasures and disfigurement.
In some, rare instances, punitive damages may also be available.
Alva Foster & Moscow, LLC | Philadelphia Area Motorcycle Crash Attorney
A Philadelphia motorcycle accident lawyer can help hold drivers responsible for the damage they've caused if you've been a victim. Don't settle for what the insurance company offers — it may not come close to covering the damages you've truly suffered. Our personal injury attorneys at Alva Foster & Moscow, LLC will fight to get you compensated. Call us today at (215) 665-1695 if you've been involved in a motorcycle accident anywhere in the Philadelphia area, including in Bucks or Delaware Counties.