Philadelphia Motorcycle Accident Lawyer

A motorcycle crash can change a rider’s life in seconds. With little protection from an impact, a motorcyclist may face emergency surgery, a long rehabilitation, time away from work, and permanent limitations. At the same time, an insurance company may try to blame the rider before reviewing the video, physical evidence, or traffic rules. A Philadelphia motorcycle accident lawyer can investigate what happened, identify every responsible party and source of insurance, document the full effect of the injuries, and pursue compensation through a claim or lawsuit.

KaplunMarx represents injured riders and passengers in Philadelphia and across Pennsylvania. We understand that a motorcycle claim is not simply a car accident case involving a smaller vehicle. These cases often involve severe injuries, disputed visibility, unique insurance rules, rapidly disappearing evidence, and stereotypes about riders. Our team can handle insurer communications and build the legal claim while you focus on medical treatment and recovery.

Every case depends on its facts, and no attorney can guarantee an outcome. What early legal help can do is protect evidence, uncover coverage, and prevent an insurer’s unsupported version of the crash from going unanswered. If another driver, a commercial company, a defective part, or a dangerous road condition may have caused your injuries, KaplunMarx offers a free consultation to explain your options.

Why Motorcycle Accident Claims Require a Focused Investigation

Motorcycle collisions create factual questions that are easy to oversimplify. A driver may say that a motorcycle appeared suddenly, even though the rider was visible and had the right of way. A motorcycle may leave different braking and impact evidence than a passenger car. The rider can be separated from the bike and come to rest far from the first point of contact. Serious injuries may occur even when the striking vehicle has relatively minor damage.

The investigation should account for those differences. Skid and scrape marks, debris, gouges, fluid trails, damage to the motorcycle, damage to the helmet and clothing, traffic signal timing, vehicle positions, sight distance, and any available electronic data may all help reconstruct the collision. Nearby businesses, homes, buses, vehicles, and city cameras may hold useful footage, but many systems overwrite recordings quickly.

Rider bias makes a factual investigation even more important. An adjuster may assume that a motorcyclist was speeding, weaving, or taking an unreasonable risk. An assumption is not evidence. A fair liability analysis asks what each road user did, what a reasonably careful person should have done, which traffic rules applied, and whether the conduct caused the collision. The same approach applies when an insurer points to the rider’s clothing, licensing, training, or helmet use. Each issue must be connected to the facts and causation, not used as a shortcut to blame.

A focused investigation also looks beyond the obvious driver. If a delivery employee, unsafe road project, negligent repair, or defective tire played a role, separate evidence and insurance may apply. Identifying those possibilities early can make the difference between a complete claim and one limited to a single inadequate policy.

Philadelphia Motorcycle Crash Statistics

Current government data illustrates the stakes without determining fault or the value of any individual case. PennDOT’s Pennsylvania Crash Information Tool reports the following Philadelphia County figures. The agency defines a motorcyclist crash as a reportable crash involving a person on a motorcycle. These are annual counts, not proof that any road, neighborhood, or rider caused a particular collision.

Year	Motorcyclist crashes in Philadelphia County	Suspected serious injuries	Motorcyclist fatalities
2021	326	73	31
2022	239	56	21
2023	251	60	14
2024	237	57	26
2025	140	29	13

Statewide, PennDOT’s 2025 Pennsylvania Crash Facts report recorded 2,927 motorcycle crashes and 186 motorcycle occupant deaths. PennDOT’s motorcycle safety data separately reports 806 motorcyclists with suspected serious injuries in 2025. Nationally, the National Highway Traffic Safety Administration reports that 6,228 motorcyclists were killed in 2024, representing 16 percent of all traffic fatalities. Per vehicle mile traveled, motorcyclists were almost 27 times as likely as passenger car occupants to die and almost five times as likely to be injured.

These figures are useful context, but they should not be turned into a settlement formula. A claim still requires proof of a specific party’s negligence, a causal connection to the injuries, and legally recoverable damages.

Common Causes of Philadelphia Motorcycle Accidents

Philadelphia riders encounter multilane roads, tight residential streets, major highways, dense intersections, construction zones, parked vehicles, delivery activity, and changing pavement. A crash can have more than one cause. Common scenarios include:

• Left-turn collisions. A driver turns across an approaching motorcycle, misjudges its speed or distance, or fails to see it before crossing the rider’s path. Pennsylvania law generally requires a left-turning driver to yield when an oncoming vehicle is close enough to create a hazard.
• Unsafe lane changes and merges. A motorist may move into a rider’s lane without checking mirrors and blind spots, signaling, or leaving adequate clearance. These crashes can be especially serious on I-95, I-76, I-676, and other high-volume routes.
• Rear-end impacts. A driver who follows too closely may strike a rider stopped at a light, slowing for traffic, or yielding to a pedestrian. Even a lower-speed impact can eject or trap the motorcyclist.
• Intersection violations. Running a red light or stop sign, failing to yield from a side street, or entering from a driveway or parking lot can put a vehicle directly in the motorcycle’s path.
• Distracted driving. Texting, navigation, eating, reaching for an item, or focusing on a passenger can cause a driver to overlook a smaller road user. Learn more about claims involving a texting driver in Philadelphia.
• Impaired, fatigued, or aggressive driving. Alcohol, drugs, exhaustion, tailgating, unsafe passing, and road rage can reduce judgment and reaction time.
• Dooring. A driver or passenger may open a parked vehicle’s door into the path of a motorcycle without checking for approaching traffic.
• Commercial vehicle collisions. Trucks, buses, delivery vans, and work vehicles have large blind spots and may involve employer records, commercial insurance, vehicle data, and additional safety duties. A collision with a large carrier may overlap with the work of a Philadelphia truck accident lawyer.
• Dangerous road or work-zone conditions. Loose gravel, debris, potholes, uneven pavement, unsecured steel plates, poor drainage, unsafe construction routing, or inadequate warnings can destabilize a two-wheeled vehicle.
• Defective products or negligent maintenance. Tire separation, brake failure, steering problems, a stuck throttle, a fuel-system defect, or improper repair may cause or worsen a crash. These facts can support a separate Philadelphia product liability claim.

Philadelphia Roads and Traffic Conditions That Can Affect Riders

The Schuylkill Expressway, I-95, I-676, Roosevelt Boulevard, Broad Street, Delaware Avenue and Columbus Boulevard, Kelly Drive, Lincoln Drive, Frankford Avenue, Erie Avenue, and Torresdale Avenue each present different traffic patterns. Naming those roads does not label every segment a motorcycle crash hotspot. It illustrates why the exact location matters. The responsible agency, responding police district, camera sources, lane design, signal sequence, speed limit, maintenance history, and available witnesses can change from one block or ramp to the next.

Philadelphia’s updated Vision Zero High Injury Network covers 12 percent of city streets but accounts for 80 percent of traffic deaths and serious injuries, based on 2019 through 2023 data. The City’s Vision Zero Action Plan 2030 announcement also reports that, in 2024, crashes involving people walking, biking, rolling, or riding a motorcycle represented fewer than 10 percent of crashes but nearly two-thirds of fatalities. These combined categories do not describe motorcycle crashes alone, but they underscore the vulnerability of people outside enclosed vehicles.

Road features can affect a rider differently than a car driver. Trolley and rail tracks, longitudinal seams, grated surfaces, wet paint, oil, gravel, steel plates, and abrupt pavement edges may reduce traction or catch a wheel. Parked vehicles and double parking can restrict sight lines. Construction may redirect traffic into unfamiliar paths. An investigation should document the actual condition near the time of the incident, identify who controlled the road or project, and determine whether a hazard was created, known, or reasonably discoverable.

Who May Be Liable for a Motorcycle Crash?

The driver who violated the right of way may be responsible, but the analysis should not stop there. An employer may share responsibility when an employee causes a collision while acting within the scope of work. A trucking company, delivery company, rideshare business, vehicle owner, maintenance contractor, or other commercial entity may have relevant duties and insurance. A manufacturer, distributor, dealer, or repair shop may be implicated when a defective or improperly serviced component contributes to loss of control.

A roadway case can involve the City of Philadelphia, PennDOT, another public entity, a utility, or a private contractor. Those claims are highly technical. Government defendants may have immunity except within narrow statutory categories, and special notice requirements may apply. A dangerous condition does not automatically create government liability, so the facts, road ownership, prior notice, maintenance records, and precise legal exception must be evaluated.

Crash factor	Parties to investigate	Evidence that may matter
Unsafe left turn or lane change	Driver, vehicle owner, and possibly an employer	Video, witnesses, signal timing, phone records, vehicle damage, work records
Commercial truck or delivery collision	Driver, employer, carrier, broker, owner, or maintenance provider, depending on the facts	Driver qualification records, dispatch data, electronic logs, telematics, inspection files, company policies
Brake, tire, steering, or other component failure	Manufacturer, distributor, seller, repair shop, or maintenance provider	Preserved motorcycle, component testing, recalls, design records, service history, expert analysis
Dangerous roadway or work zone	Public agency, utility, construction contractor, or traffic-control contractor	Scene photographs, complaints, work plans, inspection and maintenance records, permits, prior incidents
Impaired driver	Driver and, in limited fact-specific cases, a licensed alcohol provider	Police evidence, toxicology, receipts, video, witness testimony, service records

One defendant may point to another, and an insurer may seek a broad release that ends claims against parties not yet investigated. A Philadelphia motorcycle accident lawyer can trace the relationships, send preservation notices, identify policies, and evaluate whether multiple parties share responsibility before any settlement is signed.

How Fault Is Proven in a Motorcycle Accident Case

A successful negligence claim generally requires proof that the defendant owed a duty of reasonable care, breached that duty, caused the collision and injury, and created legally compensable losses. The police report may provide a useful starting point, but it does not automatically decide civil responsibility. Officers often arrive after the impact, and reports can contain incomplete witness accounts or preliminary conclusions.

Useful evidence may include:

• 911 audio, dispatch records, body-camera footage, citations, and toxicology results;
• traffic, business, residential, SEPTA, dash-camera, helmet-camera, and mobile-phone video;
• witness names, statements, and contact details;
• photographs of the scene, vehicles, roadway, signs, signals, lighting, weather, debris, skid marks, gouges, and sight obstructions;
• the motorcycle, helmet, jacket, boots, gloves, luggage, damaged electronics, and broken components in their post-crash condition;
• event data, telematics, navigation history, app records, and phone evidence obtained through proper legal process;
• vehicle inspection results, maintenance history, repair records, recalls, and product information;
• signal timing, road-design files, construction plans, complaints, permits, and maintenance records; and
• medical records, diagnostic images, bills, wage records, tax records, job descriptions, photographs, and testimony showing the resulting harm.

Accident reconstruction may be useful when speed, visibility, lane position, braking, or impact sequence is disputed. An engineer or product specialist may be needed if a part failed. Medical, vocational, life-care, or economic professionals may help explain permanent limitations and future losses. Expert work should answer a real issue in the case, not replace straightforward evidence.

I highly recommend KaplunMarx. They were communicative, responsive, thorough, and truly committed to getting the best possible outcome for me. They took the time to consider every aspect of my case, made sure I understood the process, and provided the care and attention I needed throughout. When the...

Maxwell Gold 2 months ago

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What to Do After a Philadelphia Motorcycle Accident

Your safety and medical needs come first. If you are physically able, these steps can also protect information that may later be important:

1. Call 911. Request police and emergency medical help. Move out of traffic only if it is safe and medically appropriate.
2. Get evaluated promptly. Head, spinal, internal, orthopedic, and soft-tissue injuries may not be fully apparent at the scene. Describe symptoms accurately and follow discharge and treatment instructions.
3. Collect identifying information. Record the driver’s name, license, plate, insurer, vehicle owner, employer, witnesses, and responding agency. Photograph documents if possible.
4. Document the location safely. Capture wide and close views of vehicle positions, damage, debris, road defects, signals, signs, lane markings, lighting, weather, and nearby cameras.
5. Do not debate fault or guess. Give truthful facts to police, but do not estimate what you do not know. Avoid signing a statement or release at the scene.
6. Preserve the motorcycle and gear. Do not repair, dispose of, wash, test, or surrender the bike, helmet, or clothing before considering whether an inspection is needed. Ask the storage facility not to alter or destroy them.
7. Save digital information. Back up photographs, video, navigation information, ride-app data, messages, and health-device data. Write down your recollection while it is fresh.
8. Notify insurers carefully. A policy may require timely notice and cooperation, but an adverse adjuster’s broad recorded statement can be used to challenge the claim. Get advice before signing authorizations or accepting payment tied to a release.
9. Track treatment and losses. Keep bills, receipts, mileage, work records, disability notes, symptom information, and a record of help needed with daily tasks.
10. Request legal review promptly. Counsel can look for cameras, send preservation demands, arrange inspections, review coverage, and calendar filing and notice deadlines.

KaplunMarx’s Philadelphia accident and injury resources offer additional local information for medical care, police, courts, transportation, and other practical needs after an injury.

Common Motorcycle Accident Injuries

Without a protective passenger compartment, a rider can absorb the force of the vehicle, pavement, and surrounding objects. Common injuries include traumatic brain injury, concussion, spinal cord damage, vertebral fractures, paralysis, broken arms and legs, pelvic fractures, crush injuries, amputations, internal bleeding, organ damage, nerve injuries, facial trauma, burns, and severe abrasions. Road rash can involve infection, nerve damage, skin grafting, and permanent scarring, not merely a superficial scrape.

Emotional injuries can also be serious. Anxiety, depression, sleep disruption, post-traumatic stress, and fear of traffic may affect work, relationships, and independence. The goal of medical documentation is not to exaggerate symptoms. It is to create an accurate record of the diagnosis, treatment, limitations, prognosis, and effect on daily life.

Serious cases may require future surgery, rehabilitation, medication, counseling, assistive equipment, home modifications, or attendant care. Doctors and qualified experts can help explain those needs before a case is resolved. Accepting a settlement before the prognosis is reasonably understood can leave the injured person responsible for later costs. Claims involving permanent brain, spinal, amputation, or other life-altering harm may also benefit from the focused analysis discussed by a Philadelphia catastrophic injury lawyer.

Pennsylvania Motorcycle Laws That May Affect Your Claim

Helmet and eye-protection requirements

Pennsylvania does not make helmets optional for every adult. Under 75 Pa.C.S. Section 3525, operators and passengers generally must wear approved protective headgear. An operator age 21 or older may qualify for an exception after holding a motorcycle license for at least two full calendar years or completing an approved motorcycle safety course. A passenger age 21 or older may qualify when riding with an exempt operator. A separate exception applies to an enclosed three-wheeled motorcycle. Approved eye protection is generally required even when a helmet exception applies.

Riding without a helmet does not automatically prove that a rider caused the crash. A missing helmet did not cause another motorist to make an unsafe left turn or change lanes without looking. Depending on whether an exemption applied, the type of injury, and the medical evidence, the defense may still argue that helmet nonuse affected particular damages. Collision fault and injury causation should be analyzed separately.

Full lane use and lane splitting

75 Pa.C.S. Section 3523 entitles a motorcycle to full use of a traffic lane and prohibits another vehicle from depriving it of that use. The same law prohibits a motorcycle from passing another vehicle within the same lane and from operating between lanes or adjacent rows of vehicles. In ordinary circumstances, no more than two motorcycles may ride abreast in one lane. Whether an alleged violation occurred, and whether it caused the collision, must be proven with evidence.

Comparative negligence

Pennsylvania uses modified comparative negligence. Under 42 Pa.C.S. Section 7102, an injured person may recover when their causal negligence is not greater than the causal negligence of the defendant or defendants from whom recovery is sought. In a typical negligence claim, that generally means recovery is possible at 50 percent fault or less, but the damages are reduced by the person’s assigned percentage. Fault greater than 50 percent generally bars recovery.

For example, if a factfinder determines that a rider has $500,000 in damages and is 20 percent responsible, the recoverable amount before considering insurance and other legal issues would be reduced by 20 percent, to $400,000. Insurers may overstate speed, visibility, lane position, or reaction-time arguments, so claimed percentages should be tested against the actual record. Read more about Pennsylvania modified comparative negligence.

Motorcycle Insurance, Medical Bills, and Limited Tort

Motorcycle insurance requires a policy-specific review. Pennsylvania excludes motorcycles from the mandatory $5,000 first-party medical benefit that applies to many passenger-vehicle policies, and 75 Pa.C.S. Section 1714 generally prevents a motorcycle operator or occupant from recovering statutory first-party benefits. Medical expenses may instead involve health insurance, any separately purchased benefits, the responsible party’s liability coverage, and a later bodily-injury recovery. Deductibles, copays, liens, and reimbursement claims should be considered when evaluating the net result.

Uninsured motorist coverage can apply when the responsible driver has no insurance or, depending on the policy and facts, cannot be identified. Underinsured motorist coverage can apply when the driver’s liability limits are not enough to cover the proven loss. Pennsylvania law requires insurers to offer UM and UIM coverage, but a named insured may reject either through a compliant written form. Limits, stacking, waivers, insured status, policy language, and possible household coverage all require review. A rider should not assume that a brief verbal denial ends the inquiry. KaplunMarx provides more detail in its guide to uninsured and underinsured motorist coverage in Pennsylvania.

Limited tort is another frequent source of confusion. Pennsylvania law defines a private passenger motor vehicle as a qualifying four-wheel vehicle. 75 Pa.C.S. Section 1705(d)(3) generally preserves full tort rights for a person who is injured while occupying a motor vehicle other than a private passenger motor vehicle. As a result, a limited-tort election on a passenger-vehicle policy generally does not restrict a claim for injuries sustained while occupying a motorcycle. The rider’s status and every relevant policy should still be reviewed before applying that general rule.

Compensation Available After a Motorcycle Crash

Compensation is based on the losses the evidence connects to the collision. It may include both economic losses, which have a measurable financial component, and noneconomic losses, which address the human effects of the injury.

Damage category	Examples of recoverable losses when supported
Medical and rehabilitation	Ambulance, hospital care, surgery, physicians, diagnostic testing, medication, therapy, counseling, and future treatment
Income and employment	Missed wages, lost benefits, reduced hours, diminished earning capacity, and inability to return to the same occupation
Property and out-of-pocket costs	Motorcycle damage or total loss, towing, storage, helmet, riding gear, electronics, transportation, and other reasonable expenses
Personal and quality-of-life losses	Physical pain, emotional distress, scarring, disfigurement, disability, loss of normal activities, and reduced independence
Long-term support	Prosthetics, mobility equipment, home or vehicle modifications, attendant care, and life-care needs

In an appropriate case, a spouse may have a loss-of-consortium claim. Punitive damages may be available for conduct that meets Pennsylvania’s demanding legal standard, but they are not part of every negligence case. When a collision is fatal, Pennsylvania’s wrongful-death and survival laws may provide separate forms of recovery for eligible family members and the estate. A family facing that loss can learn more from a Philadelphia wrongful death lawyer.

How Much Is a Philadelphia Motorcycle Accident Claim Worth?

No honest lawyer can value a case from a few facts or an online multiplier. The amount depends on how clearly fault can be proven, whether the rider shares responsibility, the severity and permanence of the injuries, treatment and prognosis, past and future income loss, scarring, daily limitations, available insurance, liens, the parties and venue, and the strength of the evidence.

Policy limits can affect practical recovery even when damages are much greater. That is why the search should include commercial policies, employer coverage, UM and UIM benefits, umbrella coverage, and any other potentially liable party. A quick settlement may appear helpful while bills are arriving, but it usually requires a release. Once signed, a release can end the claim even if surgery, complications, or lasting work restrictions emerge later.

A Philadelphia motorcycle accident lawyer can gather the medical and economic evidence needed to make a reasoned valuation. That may include physician opinions, a life-care plan, vocational analysis, wage documentation, tax records, testimony from people who understand the rider’s former activities, and photographs that show healing or permanent scars. The objective is a supported account of this person’s losses, not a generic average.

Filing Deadlines and Claims Against Government Entities

42 Pa.C.S. Section 5524 generally provides a two-year limitations period for negligence actions involving personal injury, death, or property damage. Exceptions can change when a claim accrues or how time is counted, so the correct deadline should be calculated from the specific facts. Negotiations with an insurer generally should not be assumed to pause the filing period.

Claims involving PennDOT, the City, SEPTA, another public entity, a public road, or a traffic-control device can require much earlier action. 42 Pa.C.S. Section 5522 generally requires signed written notice within six months for certain claims against government units. A police report should not be assumed to satisfy that separate notice requirement. Government immunity and statutory exceptions also determine whether a roadway or public-vehicle claim can proceed.

Evidence deadlines are often shorter than legal deadlines. Camera footage may be overwritten in days or weeks. Vehicles may be repaired or salvaged. A pothole may be patched, a work zone moved, and witnesses become harder to find. Prompt review protects options even when medical treatment continues for months.

How a Philadelphia Motorcycle Accident Lawyer Builds the Case

KaplunMarx begins by listening to the rider or family and identifying immediate medical, evidence, insurance, and deadline issues. Depending on the case, the legal team may:

• obtain police, 911, camera, road, and witness evidence;
• send preservation demands and arrange inspections of the motorcycle, other vehicles, gear, road, or failed component;
• identify vehicle owners, employers, contractors, manufacturers, repair providers, and applicable insurers;
• analyze traffic laws, insurance policies, rejection forms, stacking elections, and coverage positions;
• consult reconstruction, engineering, medical, vocational, economic, or life-care professionals when their expertise is needed;
• organize medical records, bills, wage evidence, photographs, and testimony showing current and future losses;
• manage communications with liability, UM, UIM, health, disability, or other insurers;
• present a supported settlement demand and advise the client about offers; and
• file suit, conduct discovery, take depositions, address motions, and prepare for trial when litigation is appropriate.

The client decides whether to accept a settlement. The lawyer’s role is to explain the evidence, risks, available options, likely costs, and net effect so that decision is informed. Preparing a case for litigation can also improve the quality of negotiations because the insurer can see that unsupported blame or undervaluation will be tested.

Why Choose KaplunMarx After a Philadelphia Motorcycle Crash?

Local details matter. The crash location can determine the responding police unit, road owner, record custodian, available cameras, court, and possible government defendant. KaplunMarx maintains a Philadelphia office at 115 S. 8th Street and represents injury clients throughout the city. The firm focuses on personal injury matters and gives clients direct guidance through a process that can otherwise feel impersonal and confusing.

Cases are handled on a contingency-fee basis. There is no upfront attorney fee, and no attorney fee is charged unless the firm obtains a recovery. The written agreement explains the fee percentage, case expenses, and how costs are handled. Prior results cannot guarantee an outcome in a new case, but every client should receive a careful investigation, candid advice, and preparation based on the actual evidence.

Speak With a Philadelphia Motorcycle Accident Lawyer

If you were injured while riding or lost a family member in a motorcycle collision, you do not have to accept an insurer’s assumptions about what happened. Early review can help preserve video and physical evidence, identify responsible parties, find available coverage, and protect filing deadlines.

Contact KaplunMarx for a free, no-obligation consultation with a Philadelphia motorcycle accident lawyer. We can listen to your account, explain the next steps, and discuss how contingency-fee representation would work if we accept the case. You can also explore the firm’s other Philadelphia personal injury practice areas.

Frequently Asked Questions About Philadelphia Motorcycle Accidents

1. When should I contact a Philadelphia motorcycle accident lawyer?

Contact counsel as soon as your immediate medical needs allow. Early action can help preserve camera footage, inspect the motorcycle before repair or salvage, locate witnesses, identify commercial or government defendants, and review all available insurance. You do not need to wait until treatment ends, and you should not delay solely because the police report is not yet available.

2. How long do I have to file a motorcycle accident lawsuit in Pennsylvania?

Pennsylvania generally gives an injured person two years to file a negligence lawsuit, but exceptions can change the date. A claim involving the Commonwealth, Philadelphia, SEPTA, or another government unit may also require signed written notice within six months. Insurance notice duties and evidence-preservation needs can arise much sooner, so obtain advice rather than relying on a general deadline.

3. Can I recover compensation if I was not wearing a helmet?

Possibly. Pennsylvania generally requires approved helmets unless a statutory exemption applies, including certain riders age 21 or older who meet the licensing-experience or safety-course requirement. Helmet use does not determine who caused another driver to turn, merge, or follow unsafely. The defense may argue that nonuse affected a particular head injury, but that issue depends on legal status, medical evidence, and causation.

4. Is lane splitting legal in Pennsylvania?

No. Pennsylvania prohibits a motorcycle from traveling between lanes or rows of vehicles and from passing another vehicle within the same lane. Motorcycles are nevertheless entitled to full use of a traffic lane, other motorists may not deprive them of it, and up to two motorcycles may generally ride abreast. An alleged violation matters only if supported by evidence and connected to the crash.

5. Can I recover if I was partly responsible for the crash?

Pennsylvania’s modified comparative-negligence rule generally permits recovery when an injured rider is 50 percent or less at fault. The recoverable damages are reduced by the rider’s percentage, and fault greater than 50 percent generally bars a standard negligence recovery. Do not accept an adjuster’s percentage without reviewing video, witnesses, physical evidence, traffic rules, and causation.

6. Who pays my medical bills after a motorcycle accident?

Motorcycle occupants generally cannot collect Pennsylvania’s statutory first-party medical benefits. Payment may involve health insurance, separately purchased coverage, personal funds while the liability claim is pending, and later recovery from responsible parties or applicable UM or UIM coverage. Deductibles, copays, liens, and reimbursement rights should be included in settlement planning.

7. What if the driver fled or has too little insurance?

Uninsured motorist coverage may apply to an uninsured or unidentified driver, while underinsured motorist coverage may apply when the driver’s limits are inadequate. Availability depends on the relevant policies, insured status, notice duties, rejection forms, selected limits, exclusions, and stacking choices. Report a hit and run promptly, gather witness and video evidence, and have the actual policy documents reviewed.

8. Can I bring a claim for a pothole or dangerous road condition?

Sometimes, but these claims are difficult and fact-specific. The responsible entity may have immunity unless the condition fits a statutory exception, and certain claims require signed written notice within six months. Photographs, exact location data, prior complaints, maintenance records, construction documents, and proof that the condition caused the crash may be critical. A police report alone should not be treated as the required legal notice.

9. Should I let the insurer repair or take possession of my motorcycle?

Not before considering whether it is important evidence. A motorcycle, tire, brake component, helmet, or other gear may help explain impact sequence, speed, or a product failure. Ask that the bike be preserved and do not authorize repair, destructive testing, disposal, or salvage transfer until the parties have had a fair opportunity to inspect it. Storage charges also need prompt attention.

10. How much does it cost to hire KaplunMarx?

KaplunMarx offers a free initial consultation and handles accepted motorcycle injury cases on a contingency-fee basis. There is no upfront attorney fee, and the firm is paid an attorney fee only if it obtains a recovery. The written representation agreement explains the percentage, litigation expenses, and how costs are handled, so ask questions before signing.