Riding a motorcycle on the streets of Westmoreland can be a lot of fun—at least until something goes awry and a motorcycle accident ensues. Motorcyclists tend to get less respect on the road than they deserve, often going unseen until an accident crops up. In fact, poor visibility of cyclists and driver’s related inattention actually leads to a majority of motorcycle accidents. Although motorcyclists try to stay safe and wear helmets, there is little safety gear can do when asphalt versus human skin. Some terrible and catastrophic injuries can result from even minor motorcycle accidents. If you or someone you love has been injured or even killed while riding a motorcycle, reach out to SMA Law Group’s team of motorcycle accident attorneys to discuss your case right away.
Liability in Motorcycle Accidents
Determining liability in a motorcycle accident case can be tricky. Certain factors must be taken into consideration when determining who is at fault:
- Usual Road Rules Apply – Just because you drive a motorcycle doesn’t mean you can expect any slack. The road rules apply to ALL drivers. Failure to heed to the rules of the road may prove to be a deciding factor when determining who is at fault in your motorcycle accident case.
- Motorcyclists are Required to be More Careful – Most motorcyclists complete training courses on visibility and driving safety, but car drivers do not receive the same training. Approximately two-thirds of accidents between a motorcycle and automobile is caused by the driver of the car. That doesn’t always put the car driver at fault, though. Many motorcycles are known to engage in risky lane splitting, or driving between lanes, which is a major cause in collisions between motorcycles and other vehicles.
Statute of Limitations
Pennsylvania has a statute of limitations for filing injury claims. Motorcycle accidents fall under the personal injury category, meaning you have two years after the date of the motorcycle accident to file your claim. Waste no time filing your claim, or else the court may bar your claim if you wait until the statute of limitations has expired.
One exception to this rule that allows you to extend or delay your filing date is referred to as the Discovery Rule, which applies to cases where the injury wasn’t discovered right away because the injured party could not yet be aware of their injuries.
Getting Help With Your Claim
Life following a bad accident is never easy. You likely feel scared, angry and frustrated. You may have received lowball offers from the insurance company in your case. Don’t accept it. Trust us to help you.