Can You Sue After A Motorcycle Accident?
Motorcycle accidents can be particularly devastating because motorcyclists are more vulnerable than automobile drivers. If you’re the victim of a motorcycle accident, you may be owed compensation for your incurred costs, loss of income and emotional and physical suffering.
The state of Pennsylvania allows motorcyclists to sue for damages equivalent to the direct expenses incurred because of the accident, future expenses related to the accident, related loss of income and the physical pain and suffering that may result because of the accident.
In addition, the personal representative (such as the spouse) of an accident victim who died as a result of injuries may sue on behalf of the estate of the victim. The damages claimed may be equivalent to the funeral expenses, or may also include future loss of income.
Who To Sue?
After a motorcycle accident occurs, it must be determined who was at fault for the accident. There are many possible parties that could have involvement in a motorcycle accident. Knowing who is responsible will help you decide who can be sued. If other drivers on the road are deemed responsible for the accident, those drivers can be sued, but there are other potential parties that may be held responsible for a motorcycle accident.
For example, if the accident occurred because of a defect in the motorcycle, the dealership and manufacturer may be held liable. If the accident occurred because of a defect in the helmet, the helmet manufacturer may be sued. Finally, the state government where the accident took place may be sued, if the accident occurred because of the condition of the road.
How Can Responsibility Be Determined?
Responsibility for an accident isn’t always cut-and-dried. Motorcyclists who suspect they are owed compensation for their accident should contact a lawyer immediately. Evidence like eyewitness testimony, photos taken at the scene, and police statements may all be used to help determine who was at fault in the accident.
If the motorcyclist was not following all laws at the time of the accident, this can hurt the motorcyclist’s case and result in a lower award when the case concludes. For example, Pennsylvania law states that motorcyclists are required to wear a helmet unless they are over the age of 21 and have two years of riding experience or have completed an approved motorcycle safety course. If an un-helmeted motorcyclist is injured in an accident and it is determined that the rider was supposed to be wearing a helmet at the time of the accident, that person may not be able to recover as much money as would occur if they had been wearing a helmet.
For more information about how you can seek compensation after a motorcycle accident in the state of Pennsylvania, contact Beier Attorneys at Law. We’re here to represent you and seek the compensation you need and deserve.