Motorcycle Accidents

90 Years of Serving Our Neighbors in Western Pennsylvania

Pennsylvania Motorcycle Accidents Lawyer

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 P.C., 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 Pennsylvania motorcycle accident lawyers are knowledgeable about the common ways motorcycle accidents occur. Our team has dedicated their careers to helping 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.

Learn how our Western Pennsylvania personal injury attorneys can help you with your motorcycle accident case; contact LGKG at (724) 658-8535 and request a free, no-obligation consultation.

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Pennsylvania Traffic Laws for Motorcyclists

Motorcycle accidents in Pennsylvania present unique legal challenges due to specific state laws and statistical trends. 

To legally operate a motorcycle in Pennsylvania, riders must obtain a motorcycle endorsement on their driver’s license. This involves passing a written test to demonstrate knowledge of basic motorcycle operation and traffic safety rules, as well as a skills test to show practical competence. Alternatively, completing a PennDOT-approved motorcycle safety course can also satisfy the testing requirements.

The law requires all motorcyclists to wear a helmet unless they are over 21 years of age and have either two years of riding experience or have completed a motorcycle safety course approved by PennDOT or the Motorcycle Safety Foundation. Additionally, eye protection is mandatory for all riders, regardless of age or experience. These regulations aim to reduce the risk of serious injuries in the event of an accident.

Pennsylvania mandates that motorcyclists carry minimum liability insurance coverage: $15,000 per person,  $30,000 per accident for bodily injury or death, and $5,000 per accident for property damage. Unlike other motorists, motorcyclists are not required to carry personal injury protection (PIP) insurance, making it advisable to consider additional coverage options, such as uninsured/underinsured motorist coverage, to enhance financial protection in the event of an accident. 

Given the unique aspects of motorcycle insurance policies, careful consideration of the full scope of available insurance options is crucial to protecting yourself financially and legally. If our client has no health insurance, or medical expenses exceed the policy limits, our attorneys at Luxenberg Garbett Kelly & George P.C. 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.

If you have questions or need assistance related to a motorcycle accident, the attorneys at Luxenberg Garbett Kelly & George P.C. are prepared to provide comprehensive legal support to protect your rights and pursue appropriate compensation.

Contact us today at (724) 658-8535 for a free consultation.

Common Causes of Motorcycle Accidents

Motorcycle accidents in Pennsylvania arise from a range of avoidable behaviors and hazardous conditions. These causes underscore the importance of cautious and responsible driving practices.

Common causes of motorcycle accidents include:

  • Distracted driving, including using a phone or wireless device 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

Despite the common misconception that speeding factors in most motorcycle-related accidents, speeding only accounts for less than 5% of total motor vehicle accidents. This percentage includes instances wherein the other driver was the one speeding. In addition, 8.1% of motorcycle crashes are alcohol-related, meaning that drivers need to exercise additional caution and avoid drinking and driving.

Recent data also highlights the following trends:

  • Accident Rates: In 2023, there were 3,186 motorcycle crashes in Pennsylvania, marking an 11% increase in a five-year period. 
  • Fatalities: There were 238 motorcycle-related fatalities in 2023. This amounts to 18.4% of all motor vehicle accident-related fatalities in the state in the year.

These statistics underscore the critical importance of adhering to traffic laws and implementing safety measures to mitigate the risks associated with motorcycle travel in Pennsylvania.

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 P.C., 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.

If you or a loved one has been involved in a motorcycle accident, don’t hesitate to reach out to Luxenberg Garbett Kelly & George P.C. We are committed to providing you with the support and advocacy needed to address the challenges of your case and achieve a favorable outcome. Contact us today for a consultation to discuss how we can assist you in this difficult time.

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We only work with clients and cases we truly believe in, we take your case because we genuinely believe in both you and your case’s importance.

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Having represented over 10,000 clients, we’ve brought more cases to trial than many attorneys in Western PA

Steps to Take After a Motorcycle Accident

Following a motorcycle accident in Pennsylvania, there are critical steps you should take to protect your legal rights and personal well-being. 

Steps to Take After a Motorcycle AccidentDescription
Ensuring Safety and Medical CareAssess injuries and call 911 if necessary. Seek medical help.
Documenting the SceneTake photos, collect witness details, and record the setting.
Reporting to AuthoritiesNotify local police or highway patrol about the accident.
Notifying InsuranceInform your insurance company promptly without admitting fault.
Consulting an AttorneyEngage a motorcycle accident attorney for legal assistance.

First, assess yourself and others for injuries. If there are serious injuries, call 911 immediately. Even if injuries seem minor, it’s advisable to seek medical evaluation, as some conditions may not present symptoms immediately.

Once safety is no longer an immediate concern, documenting the accident scene becomes essential. Take photographs of your motorcycle, other vehicles involved, and the surrounding area. Collect the names and contact information of any witnesses. This documentation can be invaluable for your claim, providing clear evidence of the circumstances and impact.

In Pennsylvania, it’s mandatory to report accidents involving injury or significant property damage to the local police or state highway patrol. An official report will be generated, which is essential for insurance claims and potential legal actions. 

Inform your insurance company about the accident as soon as possible. Providing prompt notification is often required under your policy terms and is crucial for initiating the claims process. Be factual about the incident details without minimizing or exaggerating the events, as this can affect your claim. However, be cautious not to admit fault or speculate about the cause when communicating with insurers.

Engaging a knowledgeable attorney can be pivotal in protecting your rights and addressing any legal complications following an accident. An attorney can assist in gathering evidence, negotiating with insurance companies, and representing your interests in court if necessary.

If you’ve been involved in a motorcycle accident in Pennsylvania, having a knowledgeable attorney from Luxenberg Garbett Kelly & George P.C. can make a significant difference. Our attorneys are well-versed in Pennsylvania motorcycle accident laws and are dedicated to advocating for your rights and maximizing your compensation.

Contact Luxenberg Garbett Kelly & George P.C. today to schedule a consultation. Let us handle the legal burdens while you focus on your recovery.

Call (724) 658-8535 to schedule a consultation.

Fight Back Against the Barriers to Compensation: Get Experienced Motorcycle Accident Claim Assistance Today

Our Family is Here to Help Yours

When you suffer serious injuries like spinal cord damage or traumatic brain injuries in a motorcycle accident, the consequences extend far beyond immediate physical harm—they can fundamentally alter your lifestyle, your financial stability, and your future. At Luxenberg Garbett Kelly & George P.C., we understand the profound impact these injuries can have on every aspect of your life.

Our team of Pennsylvania motorcycle accident lawyers doesn’t just offer sympathy; we take decisive action. We are committed to pursuing justice and the full compensation our clients deserve. Our approach goes beyond conventional legal support; we dedicate time to understand your personal story, the specifics of your accident, and the extensive way it has affected you and your family. This deep understanding allows us to advocate more effectively for your needs and rights.

We strive to build strong, supportive relationships with our clients, ensuring you feel valued and understood throughout the legal process. We aim to be a reliable partner you can trust during some of the most challenging times of your life.

If you or a loved one has been affected by a serious motorcycle accident, reach out to Luxenberg Garbett Kelly & George P.C. today. Let us show you how our commitment to personal care and professional excellence can make a significant difference in your recovery and legal journey.

Schedule a complimentary consultation today at (724) 658-8535.

Learn More

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.

Recovering from a motorcycle accident in Pennsylvania involves not only physical recovery but also financial recovery. Victims have rights under state law to seek compensation for their losses.

Types of Damages You Can Recover

In Pennsylvania, motorcycle accident victims can seek several types of damages. These include compensatory damages, which are intended to cover both economic losses like medical expenses and lost wages, as well as non-economic losses such as pain and suffering. In certain cases, punitive damages may also be awarded to punish particularly reckless behavior.

Calculating Compensation for Injuries and Losses

The calculation of compensation is tailored to the specifics of each case. Economic damages are typically easier to quantify through bills and loss statements. Non-economic damages, however, require a detailed understanding of how the injuries have impacted the victim’s life and well-being, which can be more complex to assess.

Special Considerations for Long-Term Injuries

Long-term or permanent injuries sustained in motorcycle accidents bring additional challenges, including ongoing medical care, potential future surgeries, and adjustments to daily living and employment. Compensation for these injuries must account for the long-term impact on the victim’s quality of life and financial stability.

Recovering adequate compensation is crucial for ensuring that victims can manage their recovery and future well-being. It is recommended to work with a knowledgeable attorney who understands the intricacies of Pennsylvania law and how to effectively advocate for the full compensation you deserve.

If you or a loved one has been involved in a motorcycle accident, contact Luxenberg Garbett Kelly & George P.C. Our experienced attorneys can provide the guidance needed to tackle the claims process and work tirelessly to secure the compensation you are entitled to. Reach out today to discuss your case and explore your legal options.

Motorcycle accident cases in Pennsylvania often entail a series of legal challenges that can complicate the path to obtaining fair compensation. Understanding these challenges is crucial for victims seeking justice. 

Common Defense Tactics in Motorcycle Accident Cases

Defense attorneys in motorcycle accident cases may employ strategies that aim to shift blame to the motorcyclist, often by questioning the rider’s adherence to traffic laws or suggesting risky riding behavior. Such tactics are used to reduce the defendant’s liability and potentially decrease the amount of compensation awarded to the victim.

Challenges in Proving Liability in Motorcycle Crashes

Proving liability in a motorcycle crash involves demonstrating that another party’s negligence or wrongful action caused the accident. This can be challenging, especially when factors such as road conditions, the motorcyclist’s actions, and third-party interference come into play. Collecting and presenting evidence that clearly establishes fault is critical and often requires thorough investigation and expert testimony.

Negotiating with Insurance Companies

Negotiations with insurance companies can be particularly strenuous in motorcycle accident cases. Insurers may attempt to minimize payouts by disputing the severity of injuries or the need for certain treatments. Effective negotiation requires a solid understanding of insurance law and the ability to counter low settlement offers with strong evidence and legal arguments.

If you are facing the aftermath of a motorcycle accident, consider seeking legal assistance from Luxenberg Garbett Kelly & George P.C. Our attorneys are equipped with the knowledge and experience needed to address these challenges effectively and are committed to achieving the best possible outcome for your case.

Contact us today at (724) 658-8535 for a consultation and take the first step towards securing the compensation you deserve.

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