Finding the Best Motorcycle Accident Lawyer in PA Just Got Easier
If you or a loved one have been injured in a motorcycle accident, we can help. The experienced team of Pennsylvania motorcycle accident attorneys at Kitay Law Offices will fight for your justice and compensation after a crash. We’ve served bikers in PA for over 25 years and have recovered millions of dollars for our clients.
Contact us to schedule your free, confidential case evaluation. Fill out our online form or call 888-KITAYLAW. We are The Law Firm With a Heart and we are here for you 24/7.
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Should I Get a Lawyer for a Motorcycle Accident in PA?
Having an experienced Pennsylvania Personal Injury Attorney on your side is crucial to the success of your motorcycle accident lawsuit. You will want a lawyer who deeply understands PA motorcycle accident law with a proven track record of success.
After your motorcycle accident, the at-fault driver will be represented by an attorney. This attorney will look out for the other driver’s best interests, not yours. In addition, the other driver’s insurance claims company will have an insurance adjuster assigned to your case. This adjuster will want to speak with you and gather information related to your accident and injuries.
Importantly, the insurance adjuster is not your friend. They are responsible for settling your case for the lowest amount possible. As a result, you should have your own experienced motorcycle accident attorney in Pennsylvania by your side to pursue the maximum compensation possible for your injuries.
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How Our PA Motorcycle Accident Attorneys Fight for You
You have the right to receive full compensation for your motorcycle accident in Pennsylvania. Motorcycle accident victims can suffer life-altering injuries. Importantly, your motorcycle injuries may also affect your work, your personal life, and your family. Unfortunately, even low-speed motorcycle accidents can have these effects. The injuries you suffer are called “personal injuries.”
Our skilled attorneys for motorcycle accidents in PA will fight for your maximum compensation. In doing so, your attorney will seek two different types of damages. These are called “Special” damages and “General” damages.
Special Damages
Unpaid Medical Bills
Your accident likely caused injuries. As a result, you may have been taken to the hospital in an ambulance, had tests completed, and gone through physical therapy. In some cases, you may need various procedures completed, like injections or surgery. As a result, you may have piles of medical bills that have gone unpaid. You should receive compensation to cover these outstanding expenses.
Medical Treatment in the Future
Unfortunately, some injuries never heal. Your motorcycle accident in Pennsylvania may have caused permanent and serious injury. If so, you may require ongoing medical care for months, years, or for the rest of your life. Medical care is not free. As a result, you will have medical expenses in the future. You should receive money to cover that future cost.
Lost Wages in the Past
Frequently, motorcycle accident injuries make it impossible to go back to work right away. Injured victims may miss days, weeks, or months from work. Hopefully, you will eventually be able to return to work. However, you will miss out on your wages while you are out of work. Therefore, you should receive compensation to cover those lost wages.
Future Wage Loss
In some cases, your injuries may prevent you from returning to the same type of work you did before the crash. You may have been on track for a promotion that you can no longer receive. Further, you may suffer injuries that prevent you from progressing with your career in the same way you had planned. This frequently occurs following a traumatic brain injury or other serious injuries. If this is the case, you will lose out on wages for the rest of your life. The law provides for compensation in these situations.
General Damages
Compensation for Pain and Suffering
Even in a low-speed motorcycle collision, you may suffer significant injuries. As a result, you may experience extreme pain and suffering. To cope, you may need to change the way you live your life. In addition, your doctors may prescribe powerful painkillers to help you make it through each day. As a motorcycle rider in Pennsylvania, you should receive compensation for the pain and suffering you have experienced from your injuries. Speaking with one of our motorcycle injury lawyers is a first step in that direction.
Mental Stress and Emotional Damages
In addition to physical injuries, motorcycle accidents can cause mental and emotional damages. Importantly, mental stress and anxiety can interfere with every aspect of your life. Severe injuries can affect your mental health, as well as ruin your daily routine and prevent you from connecting with people you love. The law provides for compensation due to the mental and emotional impact your crash has caused.
Reduced Ability to Enjoy Life
Maybe you liked to go to the movies. Maybe you used to help your children practice for their sports activities. Whatever activity it may be, your motorcycle accident injuries can prevent you from participating like you used to. Standing too long can be painful. Sitting too long can feel horrible. As a result, enjoying the pleasures of life is just not the same as before. As an injured motorcyclist, you should receive compensation for your injuries’ effect on your ability to enjoy life.
Scars and other Disfigurement
Especially in motorcycle accidents, you may suffer scarring or other types of disfigurement. Road rash can leave permanent scarring. A T-bone accident may have resulted in an amputation or other catastrophic injuries. Unfortunately, these and other accident related damages can occur in motorcycle accidents. The law provides compensation for your scarring or disfigurement.
Embarrassment Related to Your Accident and Injuries
If your motorcycle accident causes visible scarring, you may be embarrassed to go out in public. The same may be true if you suffered an amputation. As a result, you should receive compensation for your injuries’ effect on your life.
The majority of multi-vehicle motorcycle crashes generally are caused when other drivers simply didn't see the motorcyclist.” - National Highway Traffic Safety Administration
We Work to Prove Their Liability
To be successful in your motorcycle accident claim, your legal team must prove that the other driver is responsible for paying for your damages. Importantly, it is not enough that you were injured in an accident. Instead, you need to prove that the other party caused the collision to occur. This is a concept called “negligence.”[1]
Negligence means that the other party failed to act in the same way a reasonable person would under the same circumstances as your accident. An experienced motorcycle accident lawyer in Pennsylvania will gather evidence to prove the other driver’s negligence.
Proving negligence includes multiple elements:
- Duty: Under the circumstances of your case, you must show that the other driver needed to act in a certain way. In some circumstances, other people have no duty to be careful. So, this must be determined in each case.
- Breach of Duty: You must show that the at-fault party breached their Duty.
- Causation: The other driver’s Breach of Duty must have caused your injuries. Importantly, there could be more than one reason you suffered injuries. However, you must demonstrate that the other driver’s actions caused your injuries in some way.
- Damages: You cannot recover any compensation unless you have suffered some kind of damages. The other driver may have been completely negligent, but you get nothing if you have no damages.
How Comparative Negligence Works in PA
It is OK if you were partially negligent in your motorcycle accident. In some states, you are prevented from recovering any compensation if you were even 1% responsible for the accident occurring. This concept is called “Contributory Negligence.”[2]
Pennsylvania, however, uses a concept called “Comparative Negligence.”[3] Here, you can still receive compensation for your damages even if you were up to 50% responsible for the accident occurring. On the other hand, if you are 51% negligent, you cannot seek compensation for your injuries.
The extent to which you were responsible for the accident can greatly affect your case.
A Pennsylvania motorcycle accident injury lawyer at Kitay Law Offices will fight to obtain the best possible motorcycle accident settlement after a crash. We are here to help.
Contact us online or call us 24/7 at 888-KITAYLAW.
Filing a Motorcycle Accident Lawsuit in Pennsylvania
Our hearts go out to those who have been injured in a motorcycle accident. Our skilled team of motorcycle accident lawyers at Kitay Law Offices aims to help you determine the cause of the accident, prove liability, and recover damages that cover every expense you are eligible to receive under Pennsylvania motorcycle accident law.
Our attorneys will handle nearly all aspects of your motorcycle accident injury claim, including the on-time filing of a motorcycle accident lawsuit should it become necessary.
We proudly represent bikers. Count on us, The Law Firm With a Heart, to help you navigate complex motorcycle accident legal matters in Pennsylvania. We deal with the insurance company so you don’t have to.
Deadlines: Don’t Miss Your Chance to File a Motorcycle Accident Claim in PA
For most motorcycle accidents, you have two years to sue for your injuries in Pennsylvania. This is the official statute of limitations for personal injury claims, including motorcycle accident injuries under Pennsylvania law.[4] Do not wait to have your case evaluated. Call Kitay Law Offices today for a free consultation at 888-KITAYLAW.
PA Motorcycle Crash Attorney Fees: We Use the Contingency Model
For motorcycle accidents and other personal injury cases at Kitay Law Offices, we use the popular contingency fee model for legal representation: if you don’t win, you don’t pay. This also means that our law firm puts forward the heavy financial lifting of accident investigation, litigation, and other expenses related to your case.
Our legal fees are based on a percentage of any cash settlement or verdict we are able to obtain for you. We put our fee agreement in writing, and review it with you, to make sure you understand how we get paid for legal services.
What To Do After a Motorcycle Accident in Pennsylvania
After an accident, you will likely experience an adrenaline rush. Your emotions may run high and you might even want to strike back at the other driver. However, it is important to keep your emotions under control and follow these steps:
- Seek Immediate Medical Attention: Get the medical treatment you need right away. Follow all medical instructions, attend all appointments, and keep a record of your doctor visits.
- Police Report: Call the police and ensure they complete an Accident Report. This will help you show the other driver’s negligence. Plus, your PA motorcycle crash attorney will use it to gather information about your accident.
- Don’t Negotiate: The at-fault driver may make a verbal settlement offer to you. Don’t take it! Get our experienced motorcycle accident lawyers in Pennsylvania on your side to help negotiate a reasonable settlement.
- Document the Scene: Take photos and videos of the accident scene and your injuries. Remember, if you don’t do this the at-fault driver will try to make the accident sound less severe than it was.
- Contact Witnesses: Speak with witnesses in the area and get their contact information. Importantly, these witnesses can help show that the other driver’s version of the accident is incorrect.
- Hire a Motorcycle Accident Law Firm in PA – These cases are complex, can last for years, and expenses often grow. At Kitay Law Offices, we will work to get you the best result possible. If you don’t win, you don’t pay.
Common Motorcycle Accident Injuries
Since motorcycle accidents are so unique, riders may suffer a wide variety of injuries in an accident. Therefore, some of the most common injuries from motorcycle accidents include:
- Head injuries, including concussions, post-concussion syndrome, and other traumatic brain injuries (TBIs)
- Broken bones
- Road rash and other burns
- Spinal injuries, including herniations and radiating pain to extremities
- Amputated limbs
- Crush injuries
- Torn muscles
Our experienced motorcycle accident attorneys in Pennsylvania have worked for over 25 years helping injury victims. We’ll provide a free consultation and explain the next steps.
GET LEGAL HELP: Contact a Pennsylvania Wrongful Death Attorney. Our compassionate team can help when you’ve lost a loved one.
Motorcycle accidents can change your life forever. It’s important to know your legal rights.
What is the Main Cause of Motorcycle Accidents?
Most often, you have little time to avoid a motorcycle accident. Since motorcycles are much smaller than most vehicles on the roads, other drivers can easily overlook you. As a result, what was once an open lane turns into a danger zone in a split second.
The National Highway Traffic Safety Administration notes that most motorcycle accidents occur when other drivers fail to see them or yield to the motorcyclist’s right of way.[5]
Some of the most common causes of motorcycle accidents include:
- Another driver was texting while driving
- Using GPS or other navigation device causes the other driver to take their eyes off the road
- Making selections on the radio
- Eating in the car
- Looking into the back seat to take care of children
- Driving while drunk or under the influence of some other intoxicant
- Failure to use turn signals
- Not looking over their shoulder when changing into your lane
- Blowing past a stop sign
- Running a red light
- Making a left-hand turn without clearance
- Following too closely
- Distracted driving
Motorcycle Accident Statistics
In 2023, Pennsylvania had 794,163 licensed motorcyclists sharing the roads with cars, big rigs, commercial vehicles, other bikers, and even self-driving vehicles. Motorcycle accidents are all too common in PA and the statistics show it.
The Pennsylvania Department of Transportation (PennDOT) [6] reported for 2023:
- 3,422 crashes involving motorcycles in PA
- 220 motorcycle crashes involving property damage only
- 2,969 motorcycle injury crashes
- 233 fatal motorcycle crashes – 4.2% of the fatalities were passengers
- 614 crashes in which a motorcycle hit a fixed object
The total number of 2023 motorcycle crashes increased 1.6% from 2022 while motorcycle fatal injury crashes increased 9.4% from 2022.[7]
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Motorcycle Helmet Laws in PA
Pennsylvania motorcycle helmet laws [8] seek to keep riders as safe as possible.
“Any person who operates or rides a motorcycle (including an autocycle) must wear protective headgear unless he or she is over 21 years of age or older and has either two years of riding experience or has completed a motorcycle safety course approved by PennDOT or the Motorcycle Safety Foundation.” - Pennsylvania Department of Transportation
To ensure you comply with the Pennsylvania Motorcycle Helmet Law, follow these requirements:
- Purchase a helmet that meets the United States Department of Transportation safety standards and includes mandatory labeling of name or identification of manufacturer, precise model designation, size, and month and year the helmet was manufactured. You can ensure compliance by looking for a “DOT” sticker on the helmet.
- Wear protective eyewear to defend against rocks, bugs, wind, and other flying objects.
- Ensure your helmet allows for a field of vision of at least 120 degrees.
Additional Responsibilities for Motorcycle Riders
Motorcycle riders in Pennsylvania have various responsibilities while on the roadway aiming to prevent collisions and can keep bikers and others safe. PennDOT [9] provides important details regarding your responsibilities, including these:
- Make yourself visible: Wear proper clothing, use your headlight to enhance your visibility, and ride in the lane so that other vehicles can see you. Avoid lane splitting, if you can.
- Use your turn signals: Show other drivers where you intend to go by using your turn signals and brake lights.
- Maintain proper spacing: Don’t follow too closely and carefully pass other vehicles.
- Keep your eyes on the road: Stay alert for hazards. This applies to both dangerous road conditions and other drivers’ actions.
Still, accidents happen and you may suffer injuries. When it does, you will want an experienced motorcycle accident attorney in Pennsylvania to protect your rights. Remember, the at-fault driver will have an attorney representing their interests. That attorney is hired by the insurance company.
Don’t put yourself at a disadvantage simply by trying to go it alone. Call a knowledgeable motorcycle accident lawyer with Kitay Law Offices at 888-KITAYLAW or contact us online for a free consultation.
Frequently Asked Questions about Motorcycle Accident Injury Cases
A motorcycle accident injury case in PA typically follows the personal injury timeline, but if your case goes to court then it will follow the personal injury litigation timeline instead. Please note, however, that timelines for motorcycle accidents may sometimes differ from other personal injury claims.
Even though an insurance provider may offer a settlement within as little as 30 days, you should always contact a motorcycle accident attorney about your case. The insurance companies do not have your best interest in mind and are seeking to offer the lowest amount possible for your injuries and damages. Motorcycle accident claims are complex and often require long negotiations (and sometimes litigation) before resolving.
The insurance adjuster for the at-fault driver may offer you money to settle your case. However, don’t take it! Speak to an attorney first.
The insurance adjuster’s job is to close out your motorcycle accident claim for the lowest amount of money possible. They may tell you that the law doesn’t allow them to offer you any more money. In addition, the adjuster may tell you that you don’t have the right to receive compensation for all of your losses and damages. Don’t believe them!
Hire an experienced PA motorcycle crash attorney to fight for your rights. The lawyers at Kitay Law Offices will protect you, fight for you, and work to obtain the best result possible for your insurance claim.
Depending on the facts of your case, you may be able to sue multiple people or companies for your motorcycle accident injuries. Importantly, each case is different so you will want to consult with an experienced motorcycle accident attorney.
For example, you can likely only sue the at-fault driver if they were simply on their way to the grocery store in their own car. On the other hand, you may be able to sue a company if the at-fault driver was running an errand for work. Therefore, some of your options may include:
- At-fault driver
- The vehicle owner if someone else was driving their car
- A company if the at-fault driver was in the course and scope of employment at the time of your crash
- Local, state, or federal entity due to road defects that should have been repaired but were not
- Repair shop if they performed poor work that caused the accident to occur
Each of the people or companies that you sue will have an attorney on their side to defend against your claim. Make sure you hire an experienced lawyer to fight for your rights.
Pennsylvania law gets tricky when it comes to who pays for your medical bills after a motorcycle accident. Logically, we should be able to simply take your pile of medical bills and send them to the at-fault driver for payment. Unfortunately, it is not that simple.
The Medical Bill Payment System
As a starting point, the law generally requires your own auto insurance company to pay your medical bills. These are called “First-Party Benefits” and most auto insurance policies must have at least $5,000.00 available to pay for medical bills. Importantly, this is true even if the collision was not your fault. As a result, this is one of the reasons why we call Pennsylvania a “No-Fault” state.
However, motorcycle accidents are an exception to the First-Party Benefits rule. Instead, the Pennsylvania Motor Vehicle Financial Responsibility Law specifically states that motorcycle riders are not eligible for First-Party Benefits.[10] As a result, your motorcycle insurance company will not pay for any of your medical bills.
Since you are not eligible for First-Party Benefits, you must initially use your health insurance to pay for medical bills related to your motorcycle accident. Therefore, you are responsible for co-pays, deductibles, or co-insurance. Those amounts you do have to pay will become part of the “Special” damages you can claim in your case.
If you don’t have health insurance, your medical bills will remain outstanding and become part of the damages you may claim in your case. Unfortunately, your bills may continue piling up until your motorcycle accident case is resolved. As a result, it is extremely important to have an outstanding attorney on your side.
This question has no simple answer. Each case is indeed different. However, most motorcycle accident cases settle at some point. Generally, most cases settle within about 1.5 years after the date of your accident. Further, most cases settle without entering the court system.
If your case cannot be resolved outside of court, our accident attorneys will begin the litigation process. If your case is unable to settle, it will eventually go to an arbitration or trial. As a result, making it through that entire process can easily take an additional 2 years after your case enters litigation. The motorcycle accident attorneys at Kitay Law Offices will explain this process so you understand what is happening throughout your case. We are ready to fight for your rights.
At the outset of your case, it is impossible to tell how much your motorcycle accident case is worth. Instead, you will need to work closely with the attorney throughout your case to determine your case value.
We will guide you through each of the elements of your case to determine how much your motorcycle accident case is worth and will seek maximum compensation for your injuries.
