Even if you pay close attention to your surroundings and follow every traffic law, riding a motorcycle can be dangerous when other drivers are careless. A single reckless act by another motorist can have life-altering consequences for you. Making them pay for your injuries and losses may seem like a daunting and impossible task while you are recovering from the accident.
An experienced Philadelphia motorcycle accident lawyer can be an essential ally in the aftermath of a severe wreck. From collecting key evidence to establishing the at-fault parties, a skilled attorney at Ostroff Godshall Injury and Accident Lawyers can handle every aspect of your case to ensure you get the payments you deserve. We have helped injured victims throughout Pennsylvania, including one client who suffered broken ribs, a lung injury, and a broken leg as a passenger in a motorcycle crash. Our team recovered $250,000 in only four months on his behalf. We are prepared to fight for you, too.
How Fault Works in Motorcycle Crash Cases
Whenever a traffic accident leads to injuries, “fault” for the incident—and financial liability for crash-related injuries and losses—is assigned based on each party’s “negligence.” A person is negligent if all the following things are true:
- They had a duty to act a certain way in order to prevent other people from suffering avoidable injuries (every driver takes on this duty when they get behind the wheel)
- They did something irresponsible, which counted as a “breach” of duty
- Their breach directly contributed to causing an accident that otherwise likely wouldn’t have happened
- The accident led to someone else suffering physical harm that required professional medical care
Depending on the situation, “negligence” can be as obvious as a traffic violation or as subtle as someone being distracted and looking away from the road at exactly the wrong moment. Either way, they would be legally liable if their irresponsible act directly caused a motorcycle wreck. A seasoned Philadelphia attorney at Ostroff Godshall Injury and Accident Lawyers can help hold them financially accountable for the consequences of the motorcycle wreck.
Avoiding Common Roadblocks in Motorcycle Crash Claims
In a motorcycle crash claim, it’s important to prove that you didn’t contribute to causing the incident. According to 42 Pennsylvania Consolidated Statutes §7102, any injured person found partly to blame for their own losses can only get paid for a reduced portion of their damages. Furthermore, anyone primarily at fault for an accident is ineligible to get any civil compensation.
Another potential roadblock is the statute of limitations under 42 P.S.A. §5524. As your motorcycle accident lawyer in Philadelphia can explain, this section of state law sets a two-year deadline on personal injury cases (generally starting from when the injury occurred). Anyone who waits longer than this deadline to start their case will likely be unable to get any payments for their losses.
Get in Touch with a Philadelphia Motorcycle Accident Attorney
Motorcycle crash claims can be challenging to pursue and impossible if you try to take on your case without legal counsel. If you’re dealing with serious injuries and losses because another person hit you while riding, enlist a seasoned attorney like Managing Partner Rich Godshall. Experienced legal representation is key to protecting your future prospects through a lawsuit or settlement demand.
Remember, there are special rules that apply to motorcycle crashes that do not apply to other types of vehicular accidents. Your Philadelphia motorcycle accident lawyer will be your ally from start to finish of the legal proceedings. Learn more by calling our firm today to set up a free initial consultation.