Best Motorcycle Accident Lawyers Philadelphia, PA (2024) – Forbes Advisor – Forbes

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Although there are a lot of similarities between automobile accidents and motorcycle accidents, there are some differences. Here’s what you need to know to file a motorcycle accident lawsuit in Pennsylvania.

Pennsylvania Statute of Limitations

The statute of limitations is the amount of time someone has to initiate a lawsuit. For motor vehicle accidents in Pennsylvania, the statute of limitations is two years. It’s important to note that a lawsuit only needs to be initiated before the end of the statute of limitations; it does not need to be resolved or concluded by then. Your attorney can tell you the exact statute of limitations for your situation.

Pennsylvania Laws for Motorcycle Drivers

  • Licensing: Riders must pass a written test to apply for a Class M permit. To earn their license, they must pass a written examination and either pass a riding test or complete a Pennsylvania-approved motorcycle safety program.
  • Helmet Use: Riders are not required to wear a helmet if they are at least 21 years old and have either held a Class M license for at least two calendar years or have passed an approved rider safety course. All riders must wear protective eyewear.
  • Lane splitting: Lane splitting is not allowed in Pennsylvania.
  • Passengers: Passengers are allowed. They must not crowd the driver on their seat, or require the driver to sit further forward than normal. They must wear a helmet if under 21. Footrests and handholds must be provided for passengers.

Identifying Fault for a Motorcycle Crash

Pennsylvania is a modified comparative negligence state. This means that, when determining who was at fault for the accident, the actions of both parties are considered, and damages are reduced based on how much responsibility each party has.

For example, imagine that Car A ran a red light and crashed into Motorcycle B, which was speeding a little. The court might determine that Car A’s driver is 90% responsible for the accident, and Motorcycle B’s rider is 10% responsible. If Motorcycle B’s damages totalled $50,000, the rider could collect $45,000 (or 90% of $50,000).

However, in Pennsylvania, if a driver is more than 50% responsible for an accident, he or she cannot collect damages at all, despite the fact that the other party may have been partially responsible.

How Can an Attorney Help You?

An attorney can take a lot of the stress off when it comes to filing a motorcycle accident case. Lawyers are familiar with how the legal system works, and they also have experience negotiating with insurance companies for more favorable settlements.

Most personal injury lawyers work on contingency, meaning that they only get paid if they win your case for you. Fees are typically 25-40% of the value of the case. You can try to navigate the system by yourself, or you can work with a skilled professional who will only bill you if you win. The case for hiring a lawyer to assist you with the process is hard to argue with.

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