Motorcycle Accident Lawyer Philadelphia
According to the National Highway Traffic Safety Administration (NHTSA), 6,335 motorcyclists were killed in traffic accidents in 2023, representing 15% of all roadway fatalities and marking the highest number of traffic fatalities since 1975. Based on vehicle miles traveled, motorcyclists are about 28 times more likely to be killed and five times more likely to be injured in traffic accidents, compared to occupants in passenger vehicles. The statistics are not any less grim in Pennsylvania, where 3,452 motorcycle crashes occurred in 2023, which seriously injured 908 and killed 238 motorcyclists, according to statistics from the Pennsylvania Department of Transportation.
If you were injured in a motorcycle wreck, the Philadelphia motorcycle accident attorneys from Cousin Benny Personal Injury want to help. We know these incidents can cause serious injuries that disrupt the lives of motorcycle accident victims and their families. We are here to advocate for your rights. Call us today for a free consultation to discuss your legal rights and options.
Why Choose Cousin Benny?
Free Consultations Offered
Come in and discuss your case with our Philadelphia motorcycle accident lawyers, free of charge! Find out how much your case is worth.
We Treat Our Clients Like Family
At Cousin Benny, we treat our clients like family. When you place your motorcycle accident case in our hands, rest assured you will be taken care of and apprised of developments every step of the way.
No FEE Until You Win
We take Philadelphia motorcycle accident cases on a contingency basis, which means there are no up-front costs for you and we do not get paid unless and until you do.
How a Motorcycle Accident Lawyer in Philadelphia Can Help?
Legal Representation for Victims of Motorcycle Crashes
An experienced motorcycle accident lawyer helps you by handling all aspects of your case, giving you the time and energy to recover from your injuries. We will:
- Thoroughly investigate the incident to determine who was responsible for your injuries
- Identify all parties who owe you compensation, including among others other drivers, insurance companies, the motorcycle manufacturer, and the city, state, and federal government
- Assess your damages, including economic and non-economic damages
- Communicate and negotiate with your adversaries to get you the compensation you deserve
- Keep you apprised of the status of your case
- Return your calls and emails promptly
- Litigate your case in court if settlement negotiations are not successful
What To Do If You’re Injured in a Motorcycle Accident
Seek Medical Attention
Document Everything
Be sure to document all license plate numbers of those involved and get their names, addresses, and insurance information when possible. If the other driver was operating a SEPTA vehicle or a commercial vehicle, note the identity of their employer. Even just taking pictures of the other vehicles and drivers with your phone will help.
Notify Your Insurer and Hire a Motorcycle Accident Lawyer
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What Damages are Available After a Motorcycle Accident
There are three types of monetary damages that are available to a victim of a motorcycle accident in Philadelphia. These are economic damages such as medical bills, lost wages, and property damage, noneconomic damages, and punitive damages.
Medical Expenses
If you were injured and it was someone else’s fault, they (or their employer or insurance company) are responsible for paying for your medical expenses. These may include ambulance or helicopter transport, emergency room treatment, scans, medications, surgical procedures, and physical and occupational therapy.
Property Repairs
If your motorcycle was damaged in the accident, you are entitled to recover the cost of repairs or replacement.
Lost Wages
If you missed work due to the injury you suffered in a motorcycle accident, you are entitled to the earnings you would have otherwise gotten.
Noneconomic Damages
Noneconomic damages are a bit more difficult to prove, but an experienced Philadelphia motorcycle accident lawyer will know what the monetary awards are for the different types of noneconomic damages and get you the compensation you deserve for pain and suffering, emotional distress, and loss of enjoyment of life if the injury is serious or has lasting effects. If your loved one was killed in a motorcycle accident in Philadelphia, you may be entitled to compensation for your loss of your loved one’s companionship and loss of their economic support.
Punitive Damages
Compensation is available to motorcycle operators who are victims of an accident caused by egregiously reckless or intentional acts. For example, if someone driving a car drives recklessly close to a motorcycle operator and causes an accident, that driver may be subject to punitive or “punishing” damages. If SEPTA did not adequately maintain a bus and the bus’ brakes failed, causing a motorcycle accident, SEPTA may have to pay punitive damages.
Common Injuries Sustained in a Motorcycle Accident
Road Rash
Road rash ranges from minor scraping of the outer layer of skin to the peeling off of multiple layers of skin that requires plastic surgery and leaves a rider scarred or disfigured for life. Road rash typically occurs when a motorcyclist is not wearing protective clothing or headgear
Spinal Cord Injuries
Spinal cord injuries are all too common in motorcycle accidents, especially when a rider is not wearing a helmet. Spinal cord injuries range in severity from herniated discs to partial or total paralysis.
Head and Brain Injuries
Head and traumatic brain injuries are common impact injuries in motorcycle accidents. Severity ranges from concussion to brain bleed and death.
Neck and Back Injuries
If a motorcycle is ejected from their bike during a motor vehicle crash, they may land on their neck or back. This can result in serious back and neck injuries, including a broken neck, broken collarbone, spinal cord damage, or other injuries that may require ongoing medical treatment and rehabilitation.
Arm and Leg Injuries
In a motorcycle accident, the rider often gets caught under the skidding motorcycle or is violently thrown from it. This can result in injuries to limbs ranging from bruising and minor fractures to crushing, bone breaks, and possible amputations.
Protect yourself and learn more about recent motorcycle accident statistics.
Broken Bones
In addition to broken arms or legs, motorcyclists can suffer bone breaks from various other parts of their bodies, including hips, pelvis, face, hands, toes, and more. Depending on the bone fracture, surgery and a long recovery may be involved in the healing process.
Internal Injuries
Motorcyclists can be crushed in an accident or skid across the roadway. This physical trauma can result in internal organ damage and bleeding.
Protect yourself and learn more about recent motorcycle accident statistics.
Common Causes of Motorcycle Accidents
Distracted Driving
Distracted driving by the rider or by other motorists is a common cause of motorcycle accidents. Using your phone, texting, adjusting your clothing, smoking, talking with a passenger, or drinking or eating while driving can distract someone from the surrounding conditions, causing them to fail to react to changing conditions.
Unsafe Weather Conditions
Motorcycles are not the vehicle of voice in some weather conditions, such as driving rain, sleet, hail, or snow. These conditions reduce visibility and cause slippery roads, making an accident more likely.
Dangerous Road Conditions
Motorcycles are less able to cope with dangerous road hazards conditions such as large potholes, roads open for construction, and unforeseeable obstacles in the road, and may crash as a result.
Speeding
Unsafe speeds are perilous for any driver or rider and those they share the road with. Whether it is the motorcyclist speeding or some other motorist speeding, everyone around them has less time to react if the speeder loses control or does something unpredictable, such as changing lanes.
Motorcycle Defects
Lack of repair and maintenance or actual defects in manufacturing can and do cause motorcycle accidents. Faulty brakes or brake lines and bald tires frequently cause accidents.
Driving Under the Influence
Whether the motorcyclist or some other motorist is under the influence of drugs or alcohol, they and everyone on the road with them are in danger. Perception is altered, reaction time is slowed, and coordination suffers while under the influence, making an accident more likely.
Unsafe Lane Changes
Motorcyclists are less visible than other motor vehicles. If a rider changes lanes suddenly other motorists may not recognize what is happening in time to react. If another motor vehicle changes lanes suddenly not seeing the motorcyclist, or if the motorcyclist is riding in their blind spot, an accident can occur.
Statistics about Motorcycle Accidents in Pennsylvania
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61% of Motorcycle Accident Fatalities Occur in Urban Areas
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91% of Fatalities Occured on Non-Interstate Roads
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15% of all Motor Vehicles Accidents Involved a Motorcyclist
Where Do Most Motorcycle Accidents Occur?
Most motorcyclists occur in urban areas and on freeways and highways. Unfortunately, this is also where most of the fatalities occur. Philadelphia has both crowded city streets and major interstates, making it particularly perilous for motorcyclists to navigate safely.
Pennsylvania Motorcycle Accident Laws
Motorcycle License Required in PA
You must have a valid driver’s license with a Class M designation or a valid motorcycle permit while riding with an approved supervisory rider to operate a motorcycle in Pennsylvania.
Motorcycle Helmet Required in PA
Pennsylvania requires most motorcyclists and their passengers to wear a helmet that meets the U.S. Department of Transportation (USDOT) Standards. An approved helmet will have a “DOT” sticker.
The following people are not required to wear a helmet while operating a motorcycle in Pennsylvania:
- An operator or occupant of a 3-wheeled motorcycle equipped with an enclosed cab
- An operator 21 years of age or older who has been licensed to operate a motorcycle for at least 2 full calendar years
- An operator 21 years of age or older who has completed a motorcycle rider safety course approved by the PennDOT or the Motorcycle Safety Foundation
Motorcycle Insurance Required in PA
Pennsylvania requires insurance but allows motorists and motorcyclists to choose which type of insurance to procure, either no-fault or fault-based.
- No-fault insurance: all riders and drivers in an accident regardless of who caused the accident claim damages on their own insurance policies.
- Fault-based insurance: the rider or driver responsible for causing a motorcycle accident is responsible for paying damages.
Lane Splitting is Illegal in PA
Lane splitting is when a motorcyclist rides on the line between two lanes of cars heading in the same direction. In Pennsylvania, lane splitting is strictly prohibited. Specifically, no person is allowed to operate a motorcycle between lanes of traffic.
The Following Types of Road Behavior are Illegal in PA
- Riding more than two abreast in a single lane.
- Carrying any other person on a motorcycle unless the motorcycle is designed to carry more than one person.
- Carrying any package, bundle or other article that prevents the operator from keeping both hands on the handlebars.
The Legal Process of Filing a Motorcycle Accident Claim in Pennsylvania
If you have been injured in a motorcycle wreck, you might not know what to expect from the legal process. Fortunately, you do not have to go through it alone. An experienced personal injury attorney can walk you through this process, which may include the following steps:
Initial Consultation
You meet with an experienced motorcycle accident attorney from our firm. We take the time to sit down with you, listen to your story, and get a better understanding of how the crash occurred. We discuss the details with you and Pennsylvania law.
Accident Investigation
We conduct a thorough investigation and don’t just accept what the insurance adjuster assigned to your case says. Insurance companies want to minimize payouts to claimants, but we want to ensure you are fairly compensated for the full extent of your injuries. We fight insurance company tactics that attempt to shift blame onto innocent motorcyclists or use outdated stereotypes as a means to justify bias against bikers.
Our accident investigation may include photographing the accident scene, reviewing the official crash report, interviewing witnesses, and consulting with accident reconstruction experts. This thorough analysis allows us to identify all at-fault parties and the factors that contributed to your injuries.
Filing an Insurance Claim
We file a claim with the insurance company and demand full compensation for your injuries.
Negotiation
We fight back against lowball offers, trying to get you fair compensation.
Litigation
If we are unable to reach a fair settlement, you can rest assured that we will continue to work diligently to resolve the matter. A trial lawyer with personal injury litigation will be appointed to your case who can handle the next steps, including filing a formal complaint in court, conducting discovery, and continuing negotiation efforts.
Personal injury litigation trial lawyer.
Motorcycle Accidents in Pennsylvania FAQS
What is the Statute of Limitations for a Motorcycle Accident Case?
Whether you seek to file a injury case or a wrongful death suit, the statute of limitations for a motorcycle accident in PA is two years.
What is the Average Settlement for A Motorcycle Accident Case?
There is no average settlement amount because the amount a victim of a motorcycle accident can get will depend upon the nature and severity of their injuries, what types of treatment they require, what economic damages they suffered, whether they are permanently injured, and whether the accident was caused negligently, reckless, or intentionally.
When an accident has serious consequences, such as permanent disability, inability to work or to enjoy life, or loss of life, a settlement can be in the millions of dollars.
What Type of Benefits Can I Recover Following a Motorcycle Accident?
A victim of a motorcycle accident can recover medical expenses, lost income, and the cost of repair to their motorcycle. They can also recover from emotional distress, pain and suffering, and loss of enjoyment of life. If a victim of a motorcycle accident dies due to their injuries, their loved ones may recover compensation through a wrongful death claim. Under Pennsylvania law, wrongful death damages can include compensation for the following:
- Burial expenses
- Funeral costs
- Loss of financial support
- Loss of services
- Loss of society and comfort that the decedent would have provided
- Emotional and psychological loss the family suffers as a result of the death
An experienced personal injury lawyer can review your case to determine the damages to include in your legal claim.
Does Pennsylvania Require Motorcyclists to Use Helmets?
Under Pennsylvania law, any person who operates a motorcycle or an autocycle must wear protective headgear unless they are over 21 years of age and have either 1) two years of riding experience or 2) completed a motorcycle safety course approved by PennDOT.
Does Not Wearing a Helmet Affect a Motorcycle Accident Claim?
Yes. If the motorcycle operator was not wearing a helmet and their injuries could have been prevented or ameliorated by wearing a helmet, that will reduce the amount of compensation they can recover due to their contributory negligence.
Under Pennsylvania’s modified comparative fault rule, accident victims can still recover compensation for accidents in which they were determined to contribute as long as the defendant was more at fault than they were. However, their damages are reduced in proportion to their degree of fault per the comparative fault rule.
How Is Fault Determined in a Motorcycle Accident?
While Pennsylvania is a no-fault state, the no-fault system does not apply to motorcycle wrecks. The party found at fault for these crashes is responsible for paying for the resulting damages. Nonetheless, you might be able to file a motorcycle accident claim with your own insurer, in addition to any claim you make against the at-fault driver.
However, your insurance company and the insurers of the parties you believe are at fault for your accident will fight to pay the least amount they must in claims. This is where your Philadelphia motorcycle lawyer comes in. To get you the maximum you deserve, we employ a team of investigators to determine fault by examining the police report, assessing weather and road conditions, reviewing witness statements, researching the driving history of the other driver(s), researching the maintenance history of the vehicle(s) involved, and researching other accidents that may have occurred at that location, among other things. This can help us determine if the driver of the passenger vehicle violated traffic laws or their duty of care to prevent the motor vehicle accident.
How Do You File a Claim For A Motorcycle Accident?
Your motorcycle accident lawyer will help you file your insurance claim so that you get the compensation you deserve. Remember, insurance companies are like any other business – they seek to make a profit. They only make a profit when they collect premium payments and delay, deny, or under pay claims. Their interests are at odds with yours, and they have a team of lawyers working to undercompensate you. You need an experienced motorcycle accident lawyer by your side to fight back.
How Much Does a Motorcycle Accident Lawyer Cost?
Our Philadelphia motorcycle accident lawyers take cases on a contingency fee basis. Meaning, we do not get paid unless and until you do. If we win your case or accept a settlement offer on your behalf, we receive a percentage of your recovery. If we don’t win, there is no fee.
Motorcycle Accident Attorneys Handling Your Case with Care
Don't get lost in the shuffle - get big firm skill and tenacity with small firm attention to each case and each client with the motorcycle accident lawyers at Cousin Benny
Compensation for Motorcycle Accident Victims in Philadelphia
Compensation for victims of motorcycle accidents in Philadelphia can include:
- All medical expenses
- The cost of continuing treatment, therapies, and medications
- The cost of equipment or home renovations you need due to your injury
- Compensation for motorcycle repair or replacement
- Compensation for the wages you would have earned if you did not miss work due to your injury
- Compensation for future earnings if you can no longer work due to your injury
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- If the motorcycle accident victims dies, loss of their guidance and companionship
- If the motorcycle accident victims dies, loss of their economic support
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Discuss Your Case with One of Our Philadelphia Motorcycle Accident Lawyers Today
Spend your time and energy healing from your motorcycle accident. We will take care of the rest. The Philadelphia motor vehicle accident lawyers at Cousin Benny will fight to get you the compensation you deserve. Call our motorcycle accident lawyers today to discuss your case.