FREE CONSULTATION Motorcycle Accident Lawyer Jefferson Hills
If you’ve been involved in a motorcycle accident in Jefferson Hills, you know firsthand how devastating the aftermath can be. At Porta Clark & Ward, we understand the unique challenges motorcyclists face when seeking justice after an accident. Our team of motorcycle accident lawyers is dedicated to helping victims get the compensation they deserve. We offer a free consultation to discuss your case and answer any questions you may have. Don’t face this journey alone—call us today at (412) 912-2381 to get the support and guidance you need during this difficult time.
How Pennsylvania Motorcycle Laws Influence Your Injury Claim
When you’re involved in a motorcycle accident in Pennsylvania, understanding the state’s motorcycle laws is crucial for the outcome of your injury claim. In many cases, your legal rights and potential for compensation will be affected by specific laws designed to govern motorcycle operation, safety requirements, and insurance. The way these laws impact your injury claim can be complex, but having a clear understanding can help you navigate the process more effectively.
Pennsylvania’s Motorcycle Helmet Law
One of the most important laws affecting motorcycle injury claims in Pennsylvania is the state’s helmet law. In Pennsylvania, wearing a helmet is not required for all riders. However, there are specific conditions that apply.
- Riders under 21 years old: Motorcyclists who are under the age of 21 are legally required to wear a helmet.
- Riders over 21 years old: For riders who are over 21, wearing a helmet is optional, provided they can show proof of having health insurance coverage.
This law could have implications for your injury claim if you’re involved in an accident and were not wearing a helmet. While not wearing a helmet may not automatically bar your claim for compensation, it can influence how the case unfolds. Insurance companies may argue that your injuries are more severe because you weren’t wearing proper safety gear. This could affect the amount of compensation you may be able to receive, particularly in cases where traumatic brain injuries or head injuries are involved.
In addition, if you were not wearing a helmet and this was a contributing factor to your injury, it could lead to a reduction in your potential damages based on Pennsylvania’s comparative negligence rule. This rule allows fault to be divided between parties, which may lower the amount of compensation you can recover if you are found to be partially at fault.
Pennsylvania’s Motorcycle Insurance Requirements
Motorcycle insurance is another area where Pennsylvania law plays a significant role in your injury claim. In Pennsylvania, all motorcyclists are required to carry insurance, but the specifics of what coverage you have can impact your claim in the event of an accident. The two types of coverage you must carry in Pennsylvania are:
- Liability insurance: This is required for all drivers and covers damages you cause to other people and property in an accident.
- Uninsured/underinsured motorist coverage: While this is optional, it is highly recommended. This type of coverage protects you in the event you’re in an accident with a driver who doesn’t have enough insurance or no insurance at all.
If you are involved in an accident caused by another driver and that driver is uninsured or underinsured, your uninsured/underinsured motorist coverage could become critical. Without this coverage, you may find it much harder to recover damages for your injuries, medical bills, and lost wages.
Additionally, Pennsylvania follows a no-fault insurance system when it comes to car accidents. However, motorcyclists are not covered under this system. Instead, motorcyclists are required to pursue compensation for their injuries through the at-fault driver’s insurance policy or through their own policy if the other driver is uninsured or underinsured.
Comparative Negligence in Motorcycle Accidents
Pennsylvania follows a comparative negligence rule when determining fault in an accident. This rule allows each party involved in an accident to be assigned a percentage of fault for the incident. For example, if you are in a motorcycle accident and the other driver is found to be 70% at fault while you are 30% at fault, you will still be able to recover 70% of your damages. However, the more fault you share in the accident, the less compensation you can expect to receive.
For motorcyclists, this rule can be especially important. For instance, if a motorcyclist was speeding or weaving in and out of traffic, this could be used as evidence of comparative negligence, reducing the amount of damages you can recover from the at-fault driver.
Understanding how comparative negligence works in Pennsylvania can help you prepare for the possibility that the defense will attempt to shift some of the blame onto you. That’s why it’s essential to work with an experienced motorcycle accident lawyer who can investigate the circumstances of your crash and advocate for your rights.
Special Considerations for Lane Splitting
Lane splitting, or riding between lanes of traffic, is not legal in Pennsylvania. If you are injured while lane splitting, you could face additional challenges in your injury claim. Not only could the other driver argue that you were engaged in illegal activity, but insurance companies might use this to reduce or deny your claim.
In cases where lane splitting is involved, the key factor will be proving that the accident was caused by another driver’s negligence and that you were not contributing to the situation by riding in a manner prohibited by law. An experienced motorcycle accident lawyer can help you build a strong case, even if lane splitting was part of the accident.
Motorcycles and Vehicle Code Violations
Certain violations of the Pennsylvania Vehicle Code can impact your injury claim. For example, if you were speeding, running a red light, or engaging in reckless driving, these actions could lead to a reduced recovery in your claim. However, even if you committed a violation, it does not necessarily mean you are entirely at fault for the accident.
For example, if another driver fails to yield to your right of way, and that failure is the primary cause of the crash, you could still have a valid claim, despite any violations you may have committed. Again, the specifics of the situation and how fault is assigned will depend on the facts of the case.
The Importance of Seeking Legal Representation
Injuries sustained in motorcycle accidents can be severe and life-changing. Whether it’s a traumatic brain injury, broken bones, or spinal cord injuries, the consequences of a crash can be far-reaching. That’s why it’s critical to consult with a personal injury lawyer who understands the intricacies of Pennsylvania’s motorcycle laws and how they impact your claim.
A skilled motorcycle accident lawyer will help you gather the evidence necessary to prove your case, navigate the complexities of insurance claims, and ensure that you receive fair compensation. From negotiating with insurance companies to representing you in court if needed, a lawyer will be by your side every step of the way.
If you’ve been involved in a motorcycle accident, you deserve someone who will fight for your rights. At Porta Clark & Ward, we understand how to leverage Pennsylvania’s laws to your advantage and ensure that you get the compensation you deserve.
Cruise Toward Justice with Porta Clark & Ward: Your Motorcycle Accident Lawyers
At Porta Clark & Ward, we are committed to standing by your side through every step of the recovery process. As motorcycle accident lawyers, we know the impact these accidents can have on your life, and we’re here to fight for the compensation you deserve. Don’t wait—contact us today at (412) 912-2381 for a free consultation. Let us help you navigate this challenging time and ensure your rights are protected.