Motorcyclists face many potential hazards when navigating roadways throughout the United States. Approximately 5,000 motorcycle drivers are killed in traffic accidents across the country each year. Despite motorcycles making up a mere 3% of registered vehicles in the United States and 1% of miles traveled, motorcyclists account for 14% of annual traffic fatalities. In fact, the National Highway Traffic Safety Association (NHTSA) estimates that compared to occupants of cars, motorcyclists are six times more likely to be injured in accidents and 29 times more likely to be killed in accidents. If you or a loved one has been injured in a motorcycle crash in Philadelphia or the surrounding area, contact a Pennsylvania motorcycle accident lawyer.
Motorcycle Accident Risk is Increasing for Some Groups
Interest in motorcycles has risen among baby boomers. Between 2006 and 2015, the number of motorcycles registered in the United States rose from approximately 6.6 million to more than 8.6 million. That's an increase of more than 28%. Unfortunately, this has also resulted in a 17% increase in motorcycle accident fatalities involving riders aged 40 years and older. That said, the overall rate of motorcycle injuries and fatalities throughout the country has otherwise remained stable.
Common Motorcycle Accident Causes in Pennsylvania
Frontal collisions account for approximately ¾ of two-vehicle crashes involving motorcycles. They typically occur when another vehicle crosses the path of a motorcyclist, leaving them little room or time to avoid an impending collision. More than 40% of collisions involving a motorcycle and other type of vehicle occur because the driver of the other vehicle was turning left. In instances where the motorcyclist is not entirely to blame, it is important to discuss the case with a motorcycle accident attorney in Philadelphia. However, it is worth noting that a significant number of motorcycle accidents occur when the rider collides with a stationary object. Contrary to popular belief, factors like poor weather conditions have little impact on the likelihood of a motorcycle accident occurring. Most occur during daytime hours on non-interstate roads, and only 2% occur in rainy conditions.
Alcohol Impairment and Speeding
Motorcycle riders in PA are generally more likely than drivers of other vehicles to be impaired by alcohol at the time of an accident. More than ¼ of motorcyclists killed in traffic accidents have a BAC above the legal limit of .08. An additional 7% will have some degree of alcohol in their systems. Roughly ⅓ of motorcyclists involved in collisions are driving in excess of the speed limit at the time of the incident. It's extremely important for motorcyclists in Pennsylvania to exercise caution on the road. Along with refraining from driving under the influence, they must heed all posted traffic signs, respect the speed limit, and maintain safe space between themselves and other vehicles. Motorcyclists are already at a greater risk of injury and death than other drivers because they are not protected by the exterior of a vehicle like a car. If you or a loved one has been harmed while riding a motorcycle in Pennsylvania, it's important to contact a motorcycle accident lawyer in pA who can discuss your case.
Liability and Damages in PA Motorcycle Accident Cases
You may be entitled to damages if you've been involved in a Pennsylvania motorcycle accident and another driver was at fault. There are even instances when motorcyclists are entitled to damages even if they are partially at fault. That's why it is important to discuss the details of your case with a motorcycle accident attorney in Philadelphia. A motorcycle accident lawyer in PA can assess your case and elaborate on issues pertaining to liability and damages. Each case is unique, but damages that are commonly awarded include:
- Reimbursement for medical expenses
- Compensation for projected future medical expenses
- Past and projected lost income
- Pain and suffering
- Property damage (such as the cost of repairs to or replacement of your motorcycle)
Common Motorcycle Accident Injuries
Motorcycles provide little in the way of protection from a crash. Unlike cars or trucks with seatbelts and airbags, there is nothing to absorb the impact of a collision with another moving vehicle. The result is often severe physical injuries to riders involved in a crash, which generally occur in two distinct ways. First, they often result from the direct impact with the other vehicle. A car or truck that strikes a rider can cause traumatic injuries at the moment of impact.
Second, serious harm is possible when a motorcyclist is thrown from their bike. In addition to getting hurt from striking the ground, a rider can be injured if they are hit by another vehicle after falling into their path. Some of the injuries that are common with these accidents include the following:
Traumatic brain injuries
A common and serious injury that can stem from a motorcycle accident is a traumatic brain injury (TBI). It occurs any time the brain sustains a sudden, severe impact and often happens when a rider is thrown from their motorcycle. Further, the severity is much worse if they are not wearing a helmet.
Concussion is the most common example of a TBI. It is characterized by mild, moderate, and severe. A person with a moderate or severe TBI may have long-term or life-long effects.
Spinal Injuries
A spinal cord injury (SCI) occurs when there is damage to the nerves and nerve fibers that send and receive signals from the brain. The spinal cord extends from the brain down through the lower back. Damage to the spinal cord can lead to serious injuries, including paralysis or even death. They are most likely to occur when a rider falls from their bike, landing on their head or neck. When the spinal cord is severed, it can result in the loss of sensation or motor control in the parts of the body that are below the damaged spine.
Internal Injuries
Not all injuries associated with these collisions will exhibit outward signs of trauma. One of the most dangerous is internal injuries, which could include damage to the kidney or liver or a ruptured spleen. When internal organs are damaged, it can cause bleeding within the body that is both life-threatening and difficult to detect without comprehensive medical tests such as X-rays or CT scans. Symptoms may include bruising, feeling cold, pain, nausea, and light-headedness.
Road rash
The most common type of injury among bikers and cyclists is road rash, which is actually friction burn. It occurs when a rider is thrown from their motorcycle. The friction caused by bare skin scraping across pavement can result in painful injuries. While not life-threatening, these wounds can result in severe pain and permanent scarring.
What Is the Statute of Limitations for Motorcycle Accidents in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit as a result of a motorcycle accident is generally two years from the date of the collision. After the statute of limitations expires, the court will typically not accept the filing. There are several exceptions to this rule, and injury victims who seek justice through the courts are advised to speak with a qualified attorney to determine their legal standing for filing a lawsuit.
Government Entities
If a public entity is a possible defendant or the driver responsible for the crash was behind the wheel of a publicly-owned vehicle, a different and much shorter statute of limitations applies. For instance, if a public school bus strikes a motorcyclist, this shorter statute of limitations would apply.
A Notice of Claim requires filing with the public entity within six months of the accident. Claims against the state are filed with the Office of the Attorney General. However, if the injured party is too disabled from the accident to file a claim, an additional 90 days is granted.
If the victim dies from their motorcycle accident injuries, the family must file a Notice of Claim within six months of the date of death.
Regulations for filing personal injury lawsuits against government entities are complicated. That is why you should seek legal counsel as soon as possible. There is also the possibility that the victim did not realize the a public entity is a possible defendant. By waiting too long to contact a Philadelphia personal injury lawyer, the victim could be deprived of their ability to sue.
Exceptions
There are certain limited exceptions that delay the two-year statute of limitations. If the victim was under 18 at the time of the motorcycle accident, the two-year deadline is delayed under the individual turns 18. They then have until their 20th birthday to file a personal injury lawsuit.
Another possible exception occurs if the person responsible for the accident leaves Pennsylvania for at least four months between the accident date and the filing of the lawsuit. In this case, the window of time to file a lawsuit is extended accordingly. It is also extended if the at-fault person tries to hide within the state by using a false name. In this scenario, the time they were trying to conceal their identity does not count as part of the two years.
Talk to a Pennsylvania Motorcycle Accident Lawyer
Have you been injured in a motorcycle accident in Pennsylvania? Have you lost a loved one as a result of a motorcycle collision? If so, you need help from a motorcycle accident lawyer in Philadelphia who understands the complicated process of seeking damages. Act fast, as the Statute of Limitations establishes deadlines for filing lawsuits. At the Rothenberg Law Firm, our team of motorcycle accident attorneys in Philadelphia will help you get the compensation you deserve. Call 1-888-651-1384 or complete our free case evaluation form to schedule a FREE consultation. We'll evaluate your case and determine if you are entitled to damages. If our motorcycle accident lawyers in PA take your case on, we work on a contingency fee basis. That's another way of saying we won't charge you any legal fees unless we succeed in helping you get compensation first. CliIf you or a loved one has been injured in a motorcycle accident call us today for a free, no obligation consultation.ck Here
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The Rothenberg Law Firm LLP
1420 Walnut Street,
Philadelphia, PA 19102
