You were cruising along on your motorcycle when the unthinkable happened. You got into an accident. Now, in addition to dealing with your injuries and damaged bike, you are worried about fault in the accident.
You undoubtedly want to know what the laws governing fault in a motorcycle accident are in Pennsylvania. You may worry whether you will be responsible for paying damages for your accident or if you can recover any from the person who hit you. Here is what you need to know about motorcycle accident fault.
Table of Contents
What Are the Laws Governing Fault in a Motorcycle Accident?
The laws governing motorcycle accident fault vary from state to state. In a fault state, the person who caused the accident would be responsible for the damages to other parties. In a two-vehicle accident, a fault state will always deem that someone is at fault. Other states split the culpability between parties. However, the laws determining motorcycle accident fault are different in Pennsylvania:
Who Is at Fault in a Motorcycle Accident in Pennsylvania?
Pennsylvania is a no-fault state. When you get into any sort of vehicle crash, your ability to sue the other person or people involved is limited. The threshold for making a case largely depends on the severity of the injuries suffered in the accident.
Because of those restrictions, it is crucial to ensure you have the right type of insurance, should an accident occur. You can file a claim with your insurance company whether you caused the accident or not.
Still, you can also file suit to recover pain and suffering damages if you are in a motorcycle accident. This claim may cover mental or emotional trauma as well as physical pain. For instance, you may suffer from post-traumatic stress disorder after the accident or fall into depression. You may need to prove this with witnesses or expert testimonials, typically from a doctor.
Are You Responsible for Paying Damages?
In Pennsylvania, you and your insurance provider will be responsible for covering damages and medical costs. Because you will be responsible for these costs, it is essential to have the best motorcycle insurance plan you can afford, along with a health insurance plan. However, with a motorcycle accident attorney on your side, you may be able to file a claim to recover certain damages.
What Are Common Causes of Motorcycle Accidents?
In many states, the cause of a motorcycle accident may help determine fault. Even in a no-fault state, it is helpful to know what causes motorcycle accidents, so you can take steps to prevent them. Common causes of motorcycle accidents include:
- Making left turns.
- Inexperience with the bike.
- Dangerous weather and other unsafe conditions.
- Lane changes.
- Other reckless driving behaviors.
How Can You Protect Yourself and Your Motorcycle?
The first step to protecting yourself and your motorcycle in the event of an accident is having the best possible insurance. However, there are other ways you can protect yourself, your bike and any passengers when riding your motorcycle — for example, you can:
- Wear the right gear.
- Be a defensive driver.
- Drive carefully in poor weather conditions.
- Learn how to operate your motorcycle properly.
- Communicate intentions with others on the road.
- Participate in a safety motorcycle course.
Pursue the Compensation You Deserve After Your Motorcycle Accident
If you have been involved in an accident, seek out the best representation to get you the money you are entitled to as a result of that crash. Contact KBG Injury Law today to discuss your case. Our accident attorneys will work with you individually to help you fight for compensation after a motorcycle crash. Do not go through this process alone. Call us at (800) 509-1011 or request a free consultation.