Allentown Motorcycle Accident Lawyer
Motorcycle accidents are a common occurrence on Pennsylvania’s roadways. These accidents often result in serious injuries and fatalities, as motorcycles offer little protection to riders in the event of a collision. According to the Pennsylvania Department of Transportation, there were 2,850 motorcycle crashes in the state in 2020, resulting in 162 fatalities and 2,354 injuries.
If you are involved in a motorcycle accident, it is important to understand the personal injury laws that apply to your case. These laws can help you recover compensation for your injuries, medical expenses, lost wages, and other damages resulting from the accident. However, the legal process for recovering damages in motorcycle accident cases can be complex and challenging. Having a knowledgeable personal injury attorney on your side can make a significant difference in the outcome of your case.
This article will provide a comprehensive guide to motorcycle accidents from the standpoint of personal injury law. We will cover the common causes of these accidents, the legal liability of the parties involved, the damages that can be recovered, the statute of limitations in Pennsylvania, the role of experts in these cases, and more.
Common Causes of Motorcycle Accidents
Driver Negligence
One of the most common causes of motorcycle accidents is driver negligence. Negligent driving behavior can include speeding, driving under the influence, and distracted driving. Drivers have a legal duty to operate their vehicles safely and responsibly. When they fail to do so, they can be held liable for the resulting accidents and injuries.
In Pennsylvania, there have been several notable cases where driver negligence resulted in motorcycle accidents. For example, in the case of Zuniga v. Smith, a motorcyclist was struck by a car that ran a red light. The driver of the car was found to be negligent, and the court held that the driver was responsible for the motorcyclist’s injuries and damages.
Road Conditions
Road conditions can also play a significant role in motorcycle accidents. Potholes, uneven pavement, and other road defects can cause motorcyclists to lose control of their bikes, resulting in accidents and injuries. Additionally, poorly marked construction zones can be a hazard for motorcyclists who may not be able to navigate around them safely.
In Pennsylvania, there have been several cases where road conditions were found to have contributed to motorcycle accidents. For example, in the case of Kline v. Pennsylvania Turnpike Commission, a motorcyclist was injured when he hit a large pothole on the Pennsylvania Turnpike. The court held that the Turnpike Commission was liable for the accident because it had failed to maintain the road in a safe condition.
Motorcycle Defects
Motorcycle defects can also cause accidents and injuries. Defective brakes, tires, and other parts can fail unexpectedly, causing the rider to lose control of the bike. Manufacturers have a legal duty to design and produce safe products, and they can be held liable for injuries resulting from defects in their products.
In Pennsylvania, there have been several cases where motorcycle defects contributed to accidents. For example, in the case of Weaver v. Harley-Davidson Motor Co., a motorcyclist was injured when the rear brake on his bike failed. The court held that the manufacturer was liable for the accident because it had defectively designed and manufactured the brake.
Other Drivers
Other drivers on the road can also cause motorcycle accidents. Drivers may fail to yield to motorcyclists, follow too closely, or engage in other reckless behaviors that can result in accidents and injuries.
In Pennsylvania, there have been several cases where other drivers were found to be at fault for motorcycle accidents. For example, in the case of Swoyer v. Homa, a motorcyclist was injured when he was rear-ended by a car. The court held that the driver of the car was liable for the accident because she had failed to keep a proper lookout and as a result, had rear-ended the motorcycle.
Liability in Motorcycle Accidents
There are several legal principles that come into play when establishing fault or liability in a motorcycle accident case. In many cases, liability can be attributed to more than one party. All factors must be taken into consideration so that appropriate liability can be assigned and negligence can be fairly compensated for.
Comparative Negligence
In Pennsylvania, the legal doctrine of comparative negligence applies to personal injury cases. This means that if the injured party is found to have contributed to the accident, their damages may be reduced in proportion to their degree of fault. For example, if a motorcyclist is found to be 20% at fault for an accident, their damages may be reduced by 20%.
Product Liability
In some cases, the manufacturer of a motorcycle or its parts can be held liable for injuries resulting from defects. This type of liability is known as product liability, and it can result in significant damages for the injured parties.
In Pennsylvania, there have been several cases where manufacturers of motorcycles or their parts were held liable for accidents and injuries. For example, in the case of Mickles v. Harley-Davidson Motor Co., a motorcyclist was injured when the rear wheel of his bike locked up. The court held that the manufacturer was liable for the accident because the design of the wheel was defective.
Third-Party Liability
In some cases, a third party can be held liable for a motorcycle accident. For example, a repair shop that worked on the motorcycle could be liable if it failed to properly maintain or repair the bike. Similarly, a company that loaded or secured the cargo on a commercial vehicle could be liable if the cargo came loose and caused an accident.
In Pennsylvania, there have been several cases where third parties were found liable for motorcycle accidents. For example, in the case of Madry v. Aamco Transmissions, a motorcyclist was injured when the transmission on his bike failed. The court held that the repair shop that had worked on the bike was liable for the accident because it had failed to properly repair the transmission.
Damages in Motorcycle Accidents
If you are injured in a motorcycle accident, you may be entitled to recover damages for your injuries, medical expenses, lost wages, and other damages resulting from the accident. In Pennsylvania, there are two main types of damages that can be recovered in a personal injury case: economic damages and non-economic damages.
Economic Damages
Economic damages are damages that can be calculated with reasonable certainty, such as medical expenses and lost wages. In Pennsylvania, there is no cap on economic damages in personal injury cases.
Non-Economic Damages
Non-economic damages are damages that are more subjective, such as pain and suffering, emotional distress, and loss of enjoyment of life. In Pennsylvania, there is a cap on non-economic damages in personal injury cases. As of 2021, the cap on non-economic damages in Pennsylvania is $500,000, but this cap does not apply in cases involving catastrophic injuries or death.
Statute of Limitations in Motorcycle Accidents
If you are involved in a motorcycle accident in Pennsylvania, you have a limited amount of time to file a personal injury lawsuit. The statute of limitations for personal injury lawsuits in Pennsylvania is two years from the date of the accident. If you fail to file a lawsuit within this time frame, you may lose your right to recover damages for your injuries.
There are some exceptions to the two-year statute of limitations. For example, if the injured party is a minor or is incapacitated, the statute of limitations may be extended. Additionally, in cases where the defendant has fraudulently concealed the cause of the accident, the statute of limitations may be extended.
Role of Experts in Motorcycle Accident Cases
Expert witnesses can play an important role in motorcycle accident cases. These experts can provide valuable testimony regarding the cause of the accident, the severity of the injuries, and the economic damages resulting from the accident.
Accident Reconstruction Experts
Accident reconstruction experts are often called upon to provide testimony in motorcycle accident cases. These experts can use their knowledge of physics and engineering to reconstruct the accident and determine the cause of the accident.
Medical Experts
Medical experts can provide testimony regarding the severity of the injuries sustained in the accident, the prognosis for recovery, and the future medical expenses that the injured party is likely to incur.
Economic Experts
Economic experts can provide testimony regarding the economic damages resulting from the accident, including lost wages, future lost earnings, and future medical expenses.
Call KaplunMarx Today
If you were involved in a motorcycle accident in Pennsylvania, it is important to seek the advice of an experienced personal injury attorney. These cases can be complex and challenging, and having a knowledgeable attorney on your side can make a significant difference in the outcome of your case. Our legal experts would be happy to discuss your situation and see if we can help you to build a case so that you can get the help you need to get back on your feet.
References
A. Zuniga v. Smith, 571 A.2d 609 (Pa. Super. Ct. 1990)
B. Kline v. Pennsylvania Turnpike Commission, 509 A.2d 988 (Pa. Commw. Ct. 1986)
C. Weaver v. Harley-Davidson Motor Co., 558 A.2d 1 (Pa. Super. Ct. 1989)
D. Swoyer v. Homa, 890 A.2d 1246 (Pa. Super. Ct. 2006)
E. Mickles v. Harley-Davidson Motor Co., 887 A.2d 1274 (Pa. Super. Ct. 2005)
F. Madry v. Aamco Transmissions, Inc., 719 A.2d 1020 (Pa. Super. Ct. 1998)
G. Pennsylvania Department of Transportation, Crash Facts and Statistics, 2020.
