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Motorcycle accidents are not only more likely to be more devastating than a typical car accident, but they also present certain unique challenges when it comes to recovering compensation. Severe injuries and medical billing issues, compounded by widespread bias against bikers, can make it incredibly difficult to get back on your feet after a motorcycle accident.
At Luxenberg Garbett Kelly & George, we know that “minor” motorcycle accidents are rare. Our clients have typically suffered severe, sometimes catastrophic injuries. Sometimes, they have lost loved ones due to the carelessness and recklessness of others. Our New Castle motorcycle accident attorneys help individuals and families throughout Western Pennsylvania seek fair financial compensation for unexpected physical, emotional, and financial hardships, as well as the justice they need to heal.
Common Causes of Motorcycle Accidents
Although there is a common misconception that most motorcycle accidents are the result of the biker’s reckless or negligent behavior, this is simply not the truth. In fact, it is the carelessness of other drivers on the road that most often results in motorcycle crashes.
Specifically, some of the most common causes of motorcycle accidents include:
- Distracted driving, including texting while driving
- Driving under the influence of alcohol or drugs
- Tailgating, or following too closely
- Failure to yield the right of way
- Dangerous or unlawful turns, lane changes, and passing
- Speeding, including driving too fast for current conditions
- Failure to keep a proper lookout for motorcyclists
- Opening a vehicle’s door into a motorcyclist’s path
- Dangerous or defective road conditions
- Poor or reduced visibility, due to inclement weather, nighttime, and other factors
At Luxenberg Garbett Kelly & George, we know how to properly investigate motorcycle accident claims to determine exactly what happened and, most importantly, who is liable. If necessary, our New Castle motorcycle accident attorneys will consult with life care planners, economists, and treating physicians to evaluate the extent of our clients’ damages and help ensure they are fully compensated for current and future medical care, lost earning potential, permanent injury, pain and suffering, and lost quality of life. Our attorneys are prepared to take cases to trial, and the insurance companies know it.
Are Motorcycle Accidents Covered by No-Fault Insurance?
Pennsylvania is a no-fault state, meaning anyone who drives a car or motor vehicle must carry no-fault insurance, or personal injury protection (PIP). While this does apply to motorcyclists, there are certain differences in how motorcycle insurance and standard car insurance work.
The main difference between motorcycle insurance and car insurance in Pennsylvania involves “tort” election. Drivers of passenger vehicles may choose to have “limited tort” or “full tort” insurance. As the name implies, limited tort insurance limits the amount and types of damages an individual can recover after an accident. In contrast, full tort coverage allows the insured to recover non-economic damages (such as pain and suffering), as well as go outside the no-fault system and sue an at-fault driver for damages.
In Pennsylvania, motorcyclists are automatically considered to have full-tort status. However, motorcyclists in Pennsylvania are not entitled to personal injury protection (PIP) benefits. This means that motorcycle insurance policies do not have to offer medical benefits to injured riders. Instead, motorcyclists who are injured in accidents must pay for their own medical care, whether through their health insurance or out of pocket.
Fighting Back Against the Barriers to Compensation in Motorcycle Accidents
Motorcyclists get a bad rap. People often assume the rider was speeding, drunk, weaving in and out of traffic, or otherwise behaving recklessly. In truth, inattentive auto drivers cause most motorcycle crashes by failing to see the motorcycle when changing lanes, turning left, or pulling out of a driveway or alley, as well as by tailgating, running a stop sign or stoplight, and otherwise being negligent or reckless.
At Luxenberg Garbett Kelly & George, we work with accident reconstructionists and professional investigators to document skid marks, analyze the wreckage and debris, and obtain witness statements that help prove the auto driver’s negligence. We also examine the site to see if an obstructed view or road defect contributed to the accident.
Motorcycle insurance does not cover medical expenses and lost wages as in a car accident. If our client has no health insurance, or medical expenses exceed the policy limits, we work with medical providers to arrange treatment for later payment from the settlement. We pursue every source of insurance coverage, including the motorcyclist’s own uninsured/underinsured driver policy.
Contact Our Motorcycle Accident Lawyers Today for a Free Consultation
Serious motorcycle accident injuries, such as spinal cord injuries or traumatic brain injuries, can significantly and permanently affect your life. At Luxenberg Garbett Kelly & George, we believe that you deserve justice, and our New Castle motorcycle accident lawyers are here to help.
We don’t just say that we care about our clients; we prove it through our willingness to do whatever it takes to secure the full, fair compensation they are owed. We make it our priority to really get to know our clients, learn about what has happened to them, and how these tragic accidents have impacted their lives. Our goal is to develop lasting relationships with our clients so that they always have somewhere to turn in times of legal need.
If you or someone you love was involved in a motorcycle accident anywhere in Western Pennsylvania, call Luxenberg Garbett Kelly & George at (724) 576-8855 to learn how we can help.
We've been designated Pennsylvania Super Lawyers for over 15 years, and we have Martindale-Hubbell’s highest rating for legal ability and ethics as determined by peers in the legal community.
We have been a staple in this community for over 80 years representing our friends and neighbors.
ResultsWe have recovered over $200 million in verdicts and settlements for our clients.
IntegrityAt LGKG, we do what we say we are going to do. Earning your trust is paramount to us, and we've been keeping our promises for over 80 years.
ExperienceOur team has over 100 years of combined legal experience.
CommitmentAt LGKG, it's not about us, it's about you.
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