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Who is at Fault for my Motorcycle Accident?

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According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are roughly twenty-six times more likely to suffer a fatal crash and five times more likely to be injured in a crash than other drivers. Due to a motorcycle’s open profile, injuries can be profound and treatment ongoing.

Insurance and Fault

No-fault insurance laws are meant to make processing an accident easier, but they can actually make it more difficult on you as you may have to juggle communication with multiple entities. It can be extremely frustrating to know that you are not responsible for your health and property damages, yet you feel like you are the one paying because it is your insurance company, and then you are limited by their caps.

However, there are specific damages you can sue the responsible party for. According to the National Association of Insurance Commissioners, you may be able to seek compensation for catastrophic injuries like impairment of bodily functions, disfigurement, permanent scarring, and wrongful death. There may be other exceptions, such as in the case of drunk drivers, out-of-state drivers, drivers who willfully tried to cause harm, and more.

Although they are called “accidents,” most crashes are actually caused by negligence on the part of one of the drivers, not mistakes. While in some states proving fault is essential when determining which party will pay, Pennsylvania is a “no fault” state, which means that your own motorcycle insurance should pay for most accident damages rather than the at-fault driver’s.

There are also ways that your motorcycle coverage might differ from car coverage, and you may encounter terms like “non-economic damages” and “full tort,” which may be confusing. A motorcycle accident lawyer from the Pearce Law Firm can help you understand all of these insurance acrobatics.

Further Damages

It’s often not advisable to agree to the first settlement that your insurance company offers. You may be entitled to more, and motorcycle accidents often come with compounding injuries that may require surgery and ongoing treatment.

If a lawsuit is possible, you will need to prove your case. We can help you gather evidence, interview witnesses, and inspect the accident scene to make your case that the other driver was negligent. Traffic cameras, charges against the other driver, and accident reports can all yield helpful information. If you are seeking justice for your physical injuries or the death of a loved one, you’ll need to have medical records and possibly expert testimony.

In some cases, a dangerous road may have been at fault rather than another driver. When this happens, it usually means that a government entity or contracted private company was responsible for your accident due to their failure to maintain the roads.

No Helmet No Money?

In Philadelphia and the rest of Pennsylvania, motorcyclists over the age of twenty-one who have either taken a motorcycle safety course or been riding for at least two years are not required to wear a helmet. If these rules apply to you, not having worn a helmet should not compromise your case.

Cut Through the Red Tape with a Philadelphia Motorcycle Crash Lawyer

At the Pearce Law Firm, we fight hard to tell your side of the story. Call us for free at 215-557-8686 to learn how we can make your case and represent you. We can address your concerns and help you determine who was at fault for your motorcycle accident.

We have extensive experience with motorcycle crash cases just like yours and will do the heavy lifting while you get on with your life. The call is free with no commitment, and our staff is friendly and helpful. Call today or complete the form below to get started on the road to financial compensation.

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