Motorcycle accidents can leave behind a scourge of catastrophic injuries in their aftermath. Motorcyclists are unprotected from harm on the roadway, relying solely on their helmets to protect them in the event that something goes wrong. And that’s not enough when a motorcycle and passenger vehicle or other vehicle collided on the roadway. Serious injuries, ranging from traumatic brain injury to spinal cord damages, severed limbs, crushing injuries, and other significant injuries can and do occur during motorcycle crashes. Some operators lose their lives from the violent force of being struck by another vehicle. If you or someone you love has been involved in a motorcycle accident, count on SMT Legal to help you get through this harrowing time and hold the responsible party accountable for their actions.
Who’s To Blame in Motorcycle Accident?
It can be tricky to determine who was at fault in a motorcycle accident. There are factors that must be taken into consideration when deciding who is at fault:
- Usual Road Rules Apply – You won’t get any slack for driving a motorcycle instead of another type of motor vehicle. The road rules apply the same to all drivers, and failure to follow the rules of the road will be a deciding factor in finding fault.
- Motorcyclists are required to be More Careful: Most motorcyclists take courses on visibility and driving safely; however, car drivers don’t receive the same training. The fact is, approximately two-thirds of accidents between a motorcycle and a car is caused by the driver of the car. However, that doesn’t necessarily mean the car driver is always to blame; lane splitting, a common driving tactic employed by motorcyclists, increases the risk of them being at fault for any accident that may occur.
Statute of Limitations in Pennsylvania
Pennsylvania, like most states, has a statute of limitations in place for injury claims. Since motorcycle accidents fall under personal injury claims, your claim must be filed within the time limit Pennsylvania has set, which is two years after the date that the motorcycle accident occurred. You should waste no time filing your case, as the court may bar your claim if you wait to file after the statute of limitations is up.
However, there are some exceptions that can allow you to extend or delay your filing date. One such exception is the discovery rule, which applies to cases where the injured party does not know or could not be aware of their injuries; for example, nerve injuries don’t always develop right away, and the injured party may not show any symptoms for weeks or months.
Another method you can use for delaying the statute of limitations is known as infancy. This applies to anyone who is under the age of 18 when the motorcycle injury occurred. In this case, the statute of limitations does not begin to run until you turn 18, although an injury claim may be filed on your behalf by a parent or legal guardian while you are still a minor.