Motorcycle Accident Lawyer Pennsylvania

Motorcycle accidents often result in serious injuries, and having the right lawyer can make all the difference. Porta-Clark & Ward is committedf to helping motorcycle accident victims in Pennsylvania recover the compensation they deserve. Our skilled motorcycle accident lawyers will fight for your rights and ensure that you are fully compensated for your injuries. Contact us at (412) 921-7350 for a free consultation.

Proving Fault in a Motorcycle Accident When the Other Driver Blames You

Motorcycle accidents often leave riders with serious injuries and costly medical bills. When another driver is responsible for the crash, the injured motorcyclist has the right to seek compensation. However, one common challenge in these cases is that drivers frequently try to shift the blame.

Some claim they did not see the motorcycle. Others argue the rider was speeding or weaving between lanes. These accusations can make it harder for injured motorcyclists to get the compensation they deserve. Knowing how to prove fault and counter false claims can make all the difference in a case.

Why Drivers Often Blame Motorcyclists

Motorcycles are smaller than cars, which can make them harder to see. Some drivers fail to check their blind spots or misjudge a motorcycle’s speed. Unfortunately, instead of admitting fault, many drivers try to shift the blame.

There are a few common reasons drivers accuse motorcyclists of causing an accident:

Visibility issues – A driver may claim the motorcycle came out of nowhere or was impossible to see.
Speeding accusations – Some drivers assume all motorcyclists speed, even when that is not the case.
Lane-splitting misunderstandings – While lane splitting is not legal in Pennsylvania, drivers may wrongly assume a motorcyclist was weaving dangerously.
Bias against motorcyclists – Some people believe motorcyclists are reckless, which can influence how witnesses and insurance adjusters view an accident.

Because these biases exist, motorcyclists need strong evidence to prove what actually happened.

Key Steps to Prove Fault in a Motorcycle Accident

When another driver blames the motorcyclist, evidence is crucial. The more proof available, the easier it is to establish what really caused the accident.

Obtain a Police Report

After a crash, law enforcement typically responds to the scene. The officer will assess the situation, speak with both parties, and document key details. If the driver was cited for a traffic violation, this can serve as strong evidence of fault.

The police report may also include statements from witnesses, which can help counter false claims. If the report supports the motorcyclist’s version of events, it can be a powerful tool in proving liability.

Gather Witness Testimony

Neutral witnesses can provide an objective perspective on the accident. If bystanders saw the crash, their statements can confirm that the driver, not the motorcyclist, was responsible.

It is important to collect contact information from any witnesses at the scene. An attorney can later follow up with them to obtain written or recorded statements.

Use Traffic and Dashcam Footage

Video footage is one of the strongest forms of evidence in motorcycle accident cases. If the accident occurred near an intersection or business, nearby surveillance cameras may have captured the crash. Some drivers also have dashcams that record traffic incidents.

If footage exists, it can show:

The speed and direction of both vehicles
Whether the driver was distracted or ran a red light
How the collision occurred and who had the right of way

Obtaining video evidence quickly is important, as many businesses overwrite surveillance footage within days or weeks.

Take Photos of the Accident Scene

Photographs can provide clear visual evidence of what happened. Taking pictures immediately after the accident can help document:

Damage to both vehicles
The position of the motorcycle and the car after the crash
Skid marks or debris on the road
Road signs, signals, and traffic conditions

These images can help reconstruct the accident and counter false claims from the other driver.

Secure Expert Analysis

Sometimes, accident reconstruction experts are needed to determine exactly how a crash occurred. These professionals analyze:

The speed and movements of both vehicles
Road conditions at the time of the crash
The severity and direction of the impact

If a driver falsely claims the motorcyclist was at fault, an expert report can help disprove their version of events.

Check for Cell Phone Records

If distracted driving played a role in the accident, phone records can be valuable evidence. If the driver was texting or on a call at the time of the crash, this could prove they were not paying attention to the road.

In some cases, a lawyer can request these records to show the driver was engaged in distracted driving at the time of impact.

Common Scenarios and How to Prove Fault

Each motorcycle accident is different, but certain types of crashes happen more often than others. Proving fault depends on the circumstances of the crash.

Left-Turn Accidents

One of the most common motorcycle accidents occurs when a car makes a left turn in front of an oncoming motorcycle. Drivers often claim they did not see the rider. However, this does not excuse their failure to yield.

Evidence that can prove fault:

Witness statements confirming the motorcyclist had the right of way
Traffic camera footage showing the driver turning into the motorcycle’s path
Skid marks indicating the rider tried to brake but had no time to stop

Rear-End Collisions

Motorcycles are much lighter than cars, making rear-end collisions particularly dangerous. If a driver crashes into the back of a motorcycle, they are usually at fault.

Evidence that can prove fault:

Photos of the damage to the rear of the motorcycle
Dashcam footage from nearby vehicles
Witness testimony confirming the motorcyclist was stopped lawfully

Lane-Change Accidents

Drivers who fail to check their blind spots before changing lanes can collide with motorcycles. The driver may claim the rider was in their blind spot or moving too fast.

Evidence that can prove fault:

Video footage of the lane change
Side-impact damage to the motorcycle
Police report noting improper lane change by the driver

How Comparative Negligence Affects Motorcycle Accident Claims

Pennsylvania follows a modified comparative negligence rule. This means an injured rider can still recover damages even if they were partially at fault—as long as they were not more than 50% responsible for the accident.

For example, if a motorcyclist is found to be 20% at fault, they can still recover compensation, but their settlement will be reduced by 20%. If a claim is worth $100,000, the motorcyclist would receive $80,000 after the reduction.

Insurance companies may try to argue that the rider shares some responsibility to reduce payouts. Having strong evidence can help fight against these tactics.

Why Legal Representation Matters

Motorcycle accident cases can be difficult, especially when the other driver refuses to take responsibility. Insurance companies often side with car drivers and try to place blame on the rider. A skilled personal injury lawyer can help level the playing field.

An attorney can:

Gather and preserve crucial evidence
Speak with witnesses and experts
Challenge false accusations made by the driver
Negotiate with insurance companies for a fair settlement
Take the case to court if necessary

Let a Motorcycle Accident Attorney Fight for You

Motorcyclists have the same rights as other drivers on the road. When an accident happens, proving fault is key to securing fair compensation. If you were injured in a crash and the driver is trying to shift blame, taking the right steps can protect your claim and help you recover the damages you deserve. Porta-Clark & Ward is here to provide the legal guidance and support you need. Our motorcycle accident attorneys are ready to fight for your rights and secure the compensation you deserve. Call us at (412) 921-7350 for a free consultation.