Motorcycle Accident Attorney in Wind Gap, Pennsylvania

Motorcycle accidents can be devastating, often resulting in serious injuries and fatalities. At the Law Offices of Nicholas R. Sabatine III, P.C., their motorcycle accident lawyer understands the unique challenges victims and their families face, and he's committed to seeking the full compensation you deserve. 

The Pennsylvania firm represents injured motorcycle riders and their families throughout the state. Their team recognizes that motorcycle accidents often result in more severe injuries than other car accidents, along with the bias and prejudice that motorcyclists often face.

You don't only need knowledgeable representation—you need persistent and aggressive advocacy, and the Law Offices of Nicholas R. Sabatine III, P.C. is here to deliver. 

Nick offers this essential combo of compassionate yet aggressive support, aiming to secure the compensation that motorcycle accident victims need to handle medical bills, lost wages, and other repercussions of the accident.  

If you're in Lehigh Valley or Monroe County looking for professional legal services, don't hesitate to set up a free consultation today.  

Motorcycle Insurance in Pennsylvania

In Pennsylvania, the law mandates that motorcyclists carry the same insurance requirements as car drivers. This includes securing liability insurance covering: 

• A minimum of $15,000 for bodily injury per individual. 

• A total of $30,000 for bodily injury per accident. 

• At least $5,000 for property damage per accident. 

Also, in Pennsylvania, you need "first party benefits" insurance to cover medical costs for you or your passengers after an accident. Motorcycles usually don't need this, but if a pedestrian is hurt in an accident with your motorcycle, you must have it. You must have at least $5,000 in first party benefits coverage to meet Pennsylvania's laws. 

Understanding these insurance requirements is crucial for motorcycle riders in Pennsylvania. If you or a loved one gets in an accident, knowing what coverage is available can make a significant difference in the outcome of your case. 

Sometimes, insurance isn't enough to cover the extensive damages and losses resulting from a motorcycle accident. In these cases, it's essential to have an experienced lawyer by your side to help you navigate through the legal process and fight for fair compensation. 

The motorcycle accident attorney at the Law Offices of Nicholas R. Sabatine III, P.C. has extensive experience dealing with insurance companies and fighting for the rights of victims and their families.

Understanding Relevant Pennsylvania Laws

Understanding Pennsylvania's motorcycle laws is crucial for riders across the state, not only to ensure a safe and legal riding experience but also in terms of legal protection and obligations in the event of an accident.  

Pennsylvania's helmet law, for example, mandates that all riders under the age of 21 wear a DOT-approved helmet. However, riders over 21 may legally choose not to wear a helmet if they have completed a motorcycle safety course approved by the Pennsylvania Department of Transportation or have been licensed to ride a motorcycle for at least two years.  

Another critical aspect of Pennsylvania law pertains to lane splitting, which is illegal in the state. Lane splitting refers to the practice of a motorcycle moving between lanes of slow-moving or stopped traffic. While some argue that this could reduce traffic congestion and prevent rear-end collisions, the practice is considered dangerous and is not permitted on Pennsylvania roads. 

Additionally, Pennsylvania employs a comparative negligence standard. This means that if a motorcycle rider is found to be partially at fault for an accident, their compensation can be reduced by their percentage of fault. In severe cases, if a rider is found to be more than 50% at fault, they may not be able to recover any compensation at all.  

It's important to have a lawyer who knows Pennsylvania's motorcycle laws well to help with motorcycle injury cases. Their expertise can make a big difference in the strategy and outcome, aiming to get the best possible result for the person who's been injured while dealing with the specific difficulties of motorcycle accident claims. 

Filing a Claim for a Motorcycle Accident

Filing a claim for a motorcycle accident in Pennsylvania follows a structured process, which begins immediately after the accident.  

The first step is to ensure that all parties involved are safe and to seek medical attention for any injuries. It's important to document everything at the accident scene, including taking pictures of the vehicles, locations, and any visible injuries, as well as gathering the contact information of witnesses. 

Next, you should report the accident to the police. A police report provides an official record of the event, which can be crucial for your claim.  

Then, contact your insurance company to report the accident. It's important to do this in a timely manner, as delays can affect the outcome of your claim. But it's equally important to not accept the first settlement offer from the insurance company, as it's often much lower than what you may be entitled to. 

Consulting with an experienced motorcycle accident attorney is the next critical step. A skilled lawyer will guide you through the process of filing a claim, which includes gathering additional evidence to support your case, such as medical records and expert testimonies. Your attorney will also handle negotiations with insurance companies on your behalf to ensure you receive fair compensation.  

In Pennsylvania, you may need to file a lawsuit if the insurance settlement offered is insufficient or if the insurance company denies your claim. The lawsuit must be filed within two years from the date of the accident due to the statute of limitations applicable in the state. 

Statute of Limitations for Motorcycle Accidents in Pennsylvania

In Pennsylvania, individuals who have been involved in a motorcycle accident have a limited period to file a lawsuit for any injuries or damages experienced. This period is known as the statute of limitations.  

For motorcycle accidents in Pennsylvania, the statute of limitations is two years from the date of the accident. 

This two-year window applies to both personal injury and property damage claims resulting from motorcycle accidents. Consult with an experienced attorney as soon as possible to ensure your rights are fully protected. 

Common Causes of Motorcycle Accidents & Possible Liabile Parties

Motorcycle accidents can happen for many reasons. Some of the most common causes include: 

• Distracted Motorists: Drivers who are texting, eating, or engaging in other activities while driving can cause accidents with motorcycles. 

• Inexperienced Riders: Lack of experience can lead to poor decision-making on the road. 

• Car Doors: Accidents can occur when the door of a parked car is opened in the path of an oncoming motorcycle. 

• Left Turn Accidents: Collisions often happen when a car makes a left turn in front of a motorcycle, misjudging the motorcycle's speed or not seeing it at all. 

• Road Hazards: Potholes, uneven road surfaces, and debris can be more dangerous for motorcycles than for cars. 

• Speeding: Exceeding the speed limit reduces a motorcyclist's ability to react to road hazards. 

• Lane Splitting: Riding between lanes of traffic, especially in slow or stopped traffic, can lead to accidents. 

• Sudden Stops: Rear-end accidents can occur when a vehicle in front of the motorcycle stops suddenly. 

In any auto accident case, liability can fall on various parties, each potentially contributing to the incident. For motorcycle accidents, the fault often falls on another motorist who, through negligent actions, often causes a collision with a motorcycle.  

Commercial entities, such as trucking companies or businesses whose employees cause accidents while on the job, can also be held accountable.  

Additionally, if poor road conditions or lack of proper signage played a role in the accident, the local government or entities responsible for road maintenance might be considered liable.

Manufacturers of motorcycles or safety gear can be at fault if a product defect contributed to the injury severity.  

Determining liability often requires a thorough investigation to understand all contributing factors and how each party's actions or negligence played a part. 

The Challenging Biases Against Motorcycle Riders

The biases against motorcycle riders stem from a variety of stereotypes and misconceptions. Many people perceive motorcyclists as inherently reckless or more prone to engaging in risky behavior on the road compared to car drivers.  

This stereotype can significantly impact a motorcycle accident claim, as insurance adjusters, jurors, and even law enforcement may be quick to assume the motorcyclist was at fault without a thorough investigation of the facts.  

Another prevalent bias is the belief that motorcycles are inherently more dangerous than cars, leading to a tendency to blame motorcyclists for their own injuries, regardless of the circumstances of the accident. This bias not only affects the legal process but can also influence the negotiation with insurance companies, making it challenging to secure fair compensation.

The attorney at the Law Offices of Nicholas R. Sabatine III, P.C. is adept at challenging these prejudices, advocating for our clients’ rights, and presenting evidence that accurately represents the circumstances of the accident. 

Nick's ultimate goal is to alleviate the stress of legal proceedings for our clients, allowing them to focus on recovery. With years of experience in motorcycle accident law, they're equipped to negotiate with insurers and, if necessary, fight for your rights in court. 

What Damages Are Available?

Victims of motorcycle accidents in Pennsylvania may be entitled to recover various types of damages, which can include but are not limited to: 

• Medical Expenses: Coverage for past, present, and future medical treatment related to injuries from the accident. 

• Lost Wages: Compensation for the income lost due to time away from work as a result of injuries. 

• Property Damage: Costs for repairing or replacing the motorcycle and any other personal property damaged in the accident. 

• Pain and Suffering: This includes compensation for physical pain and emotional distress suffered because of the accident. 

• Loss of Consortium: Damages awarded to the spouse or family members for the loss of companionship and support. 

• Punitive Damages: Additional damages that are meant to punish the wrongdoer and prevent future misconduct, specifically used in cases involving gross negligence.