Motorcycle Accident Attorneys in Bucks County, Pennsylvania
Motorcycles are fascinating to own and drive, but the risk of severe injury during an accident is far more significant for a motorcyclist than for the occupants of a car. As of 2021, Pennsylvania has over 800,000 licensed motorcyclists on the road. Often, motorcyclists are struck by vehicles on the road because the driver did not see them, is distracted, or is impaired. Motorcycles are built with two or three wheels, which is not as apparent as large vehicles and other cars going at high speeds.
Given the differences between vehicles, motorcycle accidents typically involve very serious injuries and oftentimes death. If you have been in a motorcycle accident in Bucks County, our Bucks County motorcycle accident attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. are available to help you seek compensation for your suffering.
Factors That Increase Risk of Bucks County Motorcycle Accidents
Motorcycles are not the same as cars, trucks, and other vehicles on the road. Bikers are highly encouraged to wear protective gear while riding a motorcycle because, being out in the open at high speeds, the impact of an accident affects their body directly. Here are some common factors that lead to motorcycle accidents:
- Reckless driving
- Driving under the influence
- Distracted driving
- Aggressive driving
- Bad roadway conditions
- Bad weather conditions
The factors contributing to motorcycle accidents are almost precisely the reasons for many auto accidents. However, passenger cars and large vehicles on the road pose a significant threat to motorcyclists that drive out in the open without a roof, seatbelt, or airbags. Understandably, it is safer for a motorcycle driver to use a helmet and protective gear in Bucks County. This is recommended to avoid the risks of severe injury or fatalities in the case of being struck by a vehicle. If you have been involved in a motorcycle accident, a skilled personal injury lawyer can help you determine who may be held liable for your injuries and suffering.
Common Motorcyclist Injuries after Being Struck by a Vehicle
According to Pennsylvania’s Motorcycle Helmet Law, anyone who operates or rides a motorcycle must wear protective headgear unless they are over 21 and have over two years of experience riding or have completed a PennDOT-approved motorcycle course. Helmets, closed-toed shoes, long-sleeved clothing, and eye protection can minimize some injuries in the case of a biker accident. However, severe damage for a motorcyclist is often unavoidable, especially when a passenger car, truck, or other driver on the road is negligent and at fault for the accident. Here are some common injuries that bikers endure after a motorcycle crash:
- Traumatic brain injury (TBI)
- Spinal cord injury
- Upper and lower extremity injuries
- Bone fractures or breaks
- Soft tissue injury
- Abrasions, bruising, and road rash
- Severe blunt-force trauma
- Other injuries
Severe accidents at high speeds put the biker at risk for fatality. Often, the impact of a motorcycle crash sends the biker off the motorcycle and may cause them to land on the road, on the car that struck them, or somewhere nearby. This may lead to internal injuries that may be missed initially. Seeking medical attention after a motorcycle crash is very important and potentially saves a biker’s life. If you have been in a motorcycle crash, our legal team is readily available to help you gather all the evidence needed to compensate for your injuries.
Motorcycle Accident Liability and the Pennsylvania Helmet Law
In Pennsylvania, liability for a motorcycle accident is determined based on the principles of negligence. Negligence is the failure to exercise reasonable care, resulting in harm or injury to others. In the context of a motorcycle accident, the following elements are typically considered to determine liability:
- Duty of care: Did the party involved owe a duty of care to others on the road? All drivers, including motorcyclists, have a duty to operate their vehicles safely and obey traffic laws.
- Breach of duty: Did the party breach their duty of care? This involves determining if the driver’s actions fell below the standard of care expected of a reasonably prudent driver.
- Causation: Did the breach of duty cause the accident? The plaintiff must show that the defendant’s actions were the proximate cause of the accident and resulting injuries.
- Damages: Were there actual damages or injuries resulting from the accident? The plaintiff must demonstrate that they suffered harm or losses from the accident.
Pennsylvania currently requires all motorcycle operators and passengers to wear helmets unless they meet specific criteria. The helmet law states that:
- All riders and passengers must wear helmets if they are under the age of 21.
- Riders and passengers over the age of 21 are exempt from the helmet requirement if they have either two years of riding experience or have completed a motorcycle safety course approved by the Pennsylvania Department of Transportation (PennDOT) or the Motorcycle Safety Foundation.
In a motorcycle accident, the use or non-use of a helmet can potentially impact a personal injury claim. If a rider or passenger who is legally required to wear a helmet sustains head injuries in an accident and was not wearing one, the defense might argue that their injuries were worsened due to their failure to wear appropriate protective gear. However, Pennsylvania follows a modified comparative negligence standard, which means that a plaintiff can still recover damages even if they were partially at fault for the accident, as long as their fault does not exceed 50%. In such cases, the amount of compensation awarded may be reduced in proportion to the plaintiff’s level of fault.
Seeking Compensation after a Motorcycle Accident in Bucks County
When you have experienced an accident, it is very frightening and even life-changing as a biker. The effects following the accident surpass physical injuries, as they can affect your mental health, emotional well-being, and everyday life. Depending on the severity of the injuries you face, you may even have to miss workdays, go to several doctor appointments, and need medical services for months or even years after the injuries occurred. Hiring a skilled Bucks County motorcycle accident lawyer can help you gather all the information you need to add to your injury case. The injuries, damages, and suffering you endure need to be rightly compensated, and our legal team can help.
After being involved in a motorcycle crash, you should speak to your legal team about filing a personal injury claim. If you have been injured in an accident, you have the right to seek compensation, and our legal support ensures the liable party will be held accountable for your suffering.
It may be very frightening and stressful to deal with the aftermath of a motorcycle crash, especially when you are recovering from your injuries. The extent of your injuries can present itself in the weeks and months following the accident. It would be best to seek medical attention immediately after being injured in a motorcycle accident. Our legal team can help you organize your case during your rest and recovery.
Calculating Damages for Motorcycle Accident Personal Injury Cases
Calculating damages for a motorcycle accident personal injury case involves considering various factors and types of damages that the injured party may be entitled to recover. The specific details of the case, the severity of the injuries, and the laws in the jurisdiction where the accident occurred will all play a role in determining the final compensation amount. Here are some common types of damages and factors considered in calculating damages for a motorcycle accident personal injury case:
- Medical expenses: This includes all past, present, and future medical costs related to the injuries sustained in the accident. It covers expenses such as hospitalization, surgery, medication, rehabilitation, and ongoing medical treatment.
- Lost wages: If the injured person was unable to work due to the accident and their injuries, they may be entitled to compensation for lost wages, including past and future income loss.
- Pain and suffering: Non-economic damages such as physical pain, emotional distress, and mental anguish experienced as a result of the accident and injuries.
- Property damage: Compensation for the repair or replacement of the motorcycle and any other damaged property.
- Loss of consortium: In some cases, the spouse or family members of the injured person may be entitled to compensation for the loss of companionship and support.
- Disability and disfigurement: If the accident results in permanent disability or disfigurement, the injured party may be entitled to additional compensation.
- Comparative negligence: In some jurisdictions, the concept of comparative negligence is used, which means that the injured party’s compensation may be reduced if they are found partially at fault for the accident.
- Punitive damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the at-fault party and deter similar conduct in the future.
Each case is unique, and the actual amount of damages awarded will depend on the specific circumstances. Insurance companies, attorneys, or the court may use various methods to determine the appropriate compensation, including negotiation, expert testimony, and consideration of similar cases and their outcomes.
How a Bucks County Motorcycle Accident Lawyer Can Help Your Case
Many times, motorcycle drivers are offered a settlement that does not equate to the costs of injuries, suffering, and losses from another’s wrongdoing behind the wheel of a car. If you have been contacted with settlement offers, it is best to seek legal advice before accepting a settlement. A skilled Bucks County motorcycle accident at Rubin, Glickman, Steinberg & Gifford, P.C. can evaluate your case, as well as every factor of personal injury, to ensure that the totality of your injuries and suffering is accounted for in seeking compensation.
Without legal help, you may lose out on getting the maximum compensation you deserve. Our Bucks County motorcycle accident lawyers can help you navigate the legal process following a motorcycle crash so that you may focus on recovering and restoring your quality of life.
Contact a Motorcycle Accident Lawyer in Bucks County Today
At Rubin, Glickman, Steinberg & Gifford, P.C., our knowledgeable Bucks County motorcycle accident attorneys can provide the legal support you need in filing your personal injury claim after a Bucks County motorcycle accident. With over 65 years of experience, our legal team is skilled in our practices, and we are eager to help our clients seek the compensation they deserve. Contact us by filling out our contact form, or give us a call at (215) 822-7575 to schedule a free consultation.