Philadelphia Motorcycle Accident Attorney
Motorcycle accidents in Philadelphia, Pennsylvania, have devastating effects on both the victims of the crashes and their families. The aftermath of a serious motorcycle accident is wrought with grief, mounting medical expenses, lost wages, and unpaid personal bills. If you were injured or lost a loved one to a motorcycle crash in Philadelphia through no fault of your own, Wilk Law wants to help you explore your legal options.
Imagine you are on your motorcycle on Benjamin Franklin Parkway and you get t-boned by a distracted driver right outside the Philadelphia Museum of Art. Or possibly you just finished having dinner at Zig Zag Barbeque and you get hit head on by a drunk driver going the wrong way on York Street.
Wilk Law’s experienced Philadelphia motorcycle accident lawyers get victims the compensation they need to move forward and live their best lives. We hold negligent parties responsible for injuries they cause to victims and their families.
Call Wilk Law today to discuss the services our legal team can provide you, including:
- Compassionate and understanding counsel;
- Aggressive and driven litigation and trial advocacy; and
- Goal-oriented and results-driven pursuit of negligent parties.
There is no charge for a case review, and we work on a contingency fee basis. This means that at Wilk Law, our motorcycle accident attorneys in Philadelphia only collect legal fees when we win your claim.
Thousands of Fatal Motorcycle Accidents Every Year in Pennsylvania
In 2021, at least 82,686 motorcyclists were injured in the USA. There were 5,932 fatalities, and over half of those riders weren’t wearing helmets. Motorcycle accidents often result in serious — if not fatal — injuries due to the lack of road protection. Motorcyclists, even if they’re wearing protective clothing, don’t benefit from the safe confines of a car or heavy truck.
If you’re injured after a motorcycle crash, you need a motorcycle accident attorney in Philadelphia to fight for you. And if you lose a loved one in a crash, you need attorneys on your side to help you get justice for them. Wilk Law has experienced motorcycle accident lawyers in Philadelphia waiting to assist — contact us now for a free case evaluation.
Motorcycle Accidents Are Inherently Dangerous
It is imperative riders know the causes of motorcycle accidents to avoid becoming one of the above statistics. Some of the most common causes for motorcycle accidents in Philadelphia, Pennsylvania include:
- Distracted driving: Texting, eating, or smoking can all lead to a driver paying insufficient attention to the road. Accidents occur as a result.
- DUIs: Drunk driving, or driving under the influence, means a driver’s reactions are impaired. They may even fall asleep behind the wheel. This puts motorcyclists at serious risk.
- Negligent lane changes: Drivers may move lanes or perform other sudden actions, such as left turns, without properly checking their mirrors. Motorcyclists are vulnerable to collisions.
- Speeding: Speeding drivers may not see your motorcycle until it’s too late.
- Unsafe turns;
- Ignoring traffic signs;
- Left-turn accidents;
- Car doors opening unexpectedly;
- Abrupt stops;
- Aggressive driving or road rage; and
- Following too closely.
- Rider inexperience: If they’re young or new to the road, riders (or drivers) may not have the experience to anticipate challenging road conditions, especially in heavy traffic.
Is Lane Splitting Legal in Philadelphia?
As Philadelphia motorcycle accident attorneys we are often asked if lane splitting is legal in Pennsylvania. No. Lane splitting is illegal in PA due to how dangerous it can be. In fact, it’s illegal across most of the US. But what is lane splitting, and how do you avoid it?
What Is Lane Splitting?
A motorcyclist is lane splitting when they drive between two cars on the roadway. In other words, they’re driving on the white lines separating two lanes. Motorcyclists might do this to pass vehicles, especially at red lights or junctions. However, it’s highly dangerous for various reasons.
- Lane splitting puts you at risk of traveling in another road user’s “blind spot.” Since the driver can’t see you approaching, they could accidentally hit you.
- Riding so close to another vehicle increases the chance of a sideswipe accident.
- There’s a risk you might accidentally drift towards the vehicle and cause property damage, e.g., by clipping the side mirror.
- A car may make a turn and crash into your bike if they don’t realize you’re there.
- Seeing motorcyclists’ lane splitting could cause other road users to panic or momentarily lose their concentration.
You’re placing yourself at significant risk of injury if you split lanes. Our Philadelphia motorcycle accident lawyers want to help you avoid accidents, so here’s how to prevent lane splitting:
- Ride slowly in heavy traffic.
- Maintain a good stopping distance between you and other vehicles.
- Be conscious of other road users’ blind spots and avoid entering them.
If in doubt, stay back and ride carefully. Always wear a helmet and protective clothing to mitigate your risk if you’re hit by a passing vehicle.
Lane Splitting vs. Lane Sharing
Splitting lanes is not the same as sharing lanes. Lane splitting means you’re driving in a narrow gap between two lanes. Lane sharing means you are sharing one lane with another motorcyclist. In other words, you’re both traveling alongside each other within the legal boundaries of one lane.
Lane sharing is perfectly legal in PA because you’re not putting other road users at risk — or jeopardizing your own safety.
Motorcycle Accident Injuries in Philadelphia
While all motorcycle accidents are different, our Philadelphia motorcycle accident lawyers are aware they all have one thing in common. These accidents result in injuries and have the potential to be catastrophic and even deadly. Motorcycle injuries are often life-changing and require extensive long-term care.
Motorcycle injuries may include, but are by no means limited to:
- Head and brain injuries, including traumatic brain injury;
- Broken and fractured bones;
- Spinal cord injuries, including paralysis;
- Road rash;
- Knee, foot, and ankle injuries;
- Burn injuries;
- Internal organ damage; and
- Wrongful Death.
Motorcycles are a great way to enjoy beautiful weather and save money on your commute. However, the injuries that result from motorcycle crashes can be expensive, ongoing, and affect you and your family for your lifetime.
Is There a Time Limit to File a Motorcycle Accident Lawsuit in Philadelphia?
Yes. Under PA’s statute of limitations, you only have two years from the accident date to make a motorcycle accident claim. If you don’t file within this timeframe, you may lose your right to claim damages for your injuries.
If you lose a loved one to a motorcycle accident, this “clock” starts ticking from the date of their passing. So, you have two years from the date of death from the accident injuries rather than the accident date (if it’s different).
As motorcycle accident attorneys in Philadelphia, we understand the importance of claiming sooner rather than later. This gives you the best chance of retrieving quality evidence to support your case. It also makes it harder for the at-fault party’s insurer to question why you delayed filing a lawsuit.
Crucial Steps to Take Immediately After a Philadelphia Motorcycle Accident
If you’re injured in a motorcycle crash, here’s what you should do immediately afterward.
- If you’re well enough to move, then move to a safer place at the side of the roadway. Don’t move your bike, though — it’s evidence.
- Check for major injuries. Call 911 if anyone needs immediate medical attention.
- Report the crash to the police. Failing to report injuries or property damage could result in further legal issues. In some cases, it could be considered a “hit and run” for leaving the scene of an accident and failing to report it.
- Exchange information with the other driver. Stick to the facts rather than apologizing or engaging in conversation.
- Get medical help. Even if you feel okay, injuries can take a few hours or days to develop.
- Contact your insurance company and a Philadelphia motorcycle accident attorney. Our team will get to work immediately on your claim and handle the legal details for you.
We’ve covered what you should do, but here are some don’ts you should be aware of.
- Don’t delay seeking medical care. The longer you wait, the easier it is for the at-fault party to argue that your injuries were caused by something else and not the accident.
- Never admit fault or say anything which implies blame. Insurers may use this against you and either refuse to settle or make you a low offer.
- Don’t talk to the other party’s insurance company. Again, there’s a risk you could accidentally imply fault and damage your case.
- Avoid waiting too long to sue. If you delay, you risk losing vital evidence, which could help you get the most compensation. And there’s a risk you will miss the claims deadline, which means you won’t get any compensation at all.
- Don’t accept a settlement offer too quickly. Insurers might make a swift offer to end the claim, but there’s a good chance it’s not the best offer you can get.
- Avoid waiting too long to get legal advice. If you try to settle on your own, you risk missing out on damages you’re entitled to.
Our motorcycle accident lawyers in Philadelphia are waiting to help. Don’t delay — contact us to get started.
Understanding Damages and Compensation in Philadelphia Motorcycle Accident Claims
Motorcycle crashes can be expensive. This is especially true for riders who don’t wear a helmet. In fact, according to stats compiled by NHTSA, riding without a helmet results, on average, in hospital costs from $7,208. You’re also more likely to develop a head injury, and inpatient care for brain injuries is often at least double the charge of receiving care for other injuries.
So, how much can you expect to receive, and how will you cover your medical care? Your compensation entitlement varies depending on many factors, but essentially, you may be entitled to economic and non-economic damages. You can claim these damages if you’re injured in a motorcycle crash due to another road user’s negligent or reckless actions.
Economic damages cover tangible, actual losses, including medical bills, lost income, and property repair costs. Non-economic damages include pain and suffering and loss of life enjoyment. Since there are no receipts for non-economic damages, they’re harder to quantify and prove. However, an experienced Philadelphia motorcycle accident attorney will explain how to get the damages you’re entitled to.
Fault and Compensation
Does it matter if you’re at fault? It can. As a “no-fault” state, under Pennsylvania’s comparative negligence laws, you can recover personal injury damages if you’re less than 51% responsible for the crash. So, even if you’re partly to blame, you can still get compensation — it’s just reduced depending on your degree of fault. However, if you’re mostly responsible for the crash (51% or more), you might not be entitled to personal injury damages. You may, however, still have an insurance claim.
That’s why it’s crucial to have a Philadelphia motorcycle accident lawyer review your case and consider how to negotiate a satisfactory outcome.
How Much Do Philadelphia Motorcycle Accident Cases Settle For?
Every motorcycle crash is unique, and so settlement figures vary. This is where an attorney can help. A personal injury attorney will consider various factors to determine what’s a fair settlement, including:
- The extent of the victim’s injuries: Serious or catastrophic injuries merit higher damages than minor or short-term injuries.
- Long-term prognosis: Victims with a poor long-term prognosis, e.g., permanent disability or inability to work, may receive more damages.
- Value of losses: The actual value of losses associated with the accident plays a part in how much a case is worth. For example, significant wage loss, property damages, and high medical bills may be worth more than one or two days off work and a single trip to the ER.
- Pain and suffering: Although hard to quantify, an attorney will consider how much pain and suffering the accident caused and sue for a fair amount.
- Insurance coverage: Some losses may be covered by an insurance policy, but it may be necessary to pursue a civil lawsuit for a fair settlement amount. The more complex the case, the higher the potential damages.
You should never accept an insurance offer to settle without getting legal advice first. Otherwise, you may settle for less than your case is truly worth.
One of the many benefits of hiring a Philadelphia motorcycle accident attorney is that they know how to accurately value your claim. To ensure you get the damages you deserve, you need an attorney on your side.
The Legal Team at Wilk Law Is Here to Help
When you retain Wilk Law, you can rest assured that you have skilled, experienced, legal guidance by your side at all times. Your claims process begins with a motorcycle accident attorney consultation where we:
- Evaluate your claim;
- Advise you of your legal options; and
- Tailor a legal strategy for you.
From here, Wilk Law prepares your claim as if it were going to trial by:
- Investigating your accident;
- Collecting evidence;
- Identifying liable parties;
- Pursuing all sources of compensation;
- Handling correspondence from insurance companies;
- Notifying any accident-related creditors of your pending claim;
- Calculating your current and future medical and financial needs;
- Hiring needed experts; and
- Entering negotiations with the insurance company.
Most motorcycle accident claims settle outside of court. However, if Wilk Law cannot reach a fair and just settlement in negotiations, we will proceed with litigation on your behalf. No motorcycle accident victim should be responsible for costs or damages resulting from someone else’s negligence.
If you’re a victim of a motorcycle crash in Philadelphia, PA, you should get legal advice. This is the best way to determine if you have a claim — and to ensure you get a fair amount of compensation. However, in the meantime, here are some resources to help you with the next steps.
- SBKH Moto: Do you need your motorcycle repaired after a crash? SBKH Moto can help. They’ll handle your motorcycle with the utmost care and perform a careful, thoughtful restoration.
- Keystone State Cycles: Woman-owned and LGBTQ+ friendly, Keystone State Cycles performs a range of motorcycle repairs, maintenance, and services. They can help you get back on the road.
- Princeton Cycles LLC: If you need motorcycle repair in Philadelphia, Princeton Cycles LLC can help. They offer quick and efficient motorcycle repair services for a range of bike models.
- Motorcycle Safety: We know that you take your safety seriously. This motorcycle safety guide provides tips, advice, and guidance to help you ride with confidence. It also provides information on local and statewide safety initiatives you can participate in.
If you retain Wilk Law, our Philadelphia motorcycle accident attorneys can steer you toward any other resources you might find useful.
Experienced Philadelphia Law Firm
Are you unsure where to turn after a motorcycle crash? Or did you lose a family member to a crash? Wilk Law is here for you.
As Philadelphia motorcycle accident lawyers, we understand just how serious motorcycle crashes can be. And we want to help you get the compensation you deserve. So, if you’re injured in a motorcycle accident, contact us for a free consultation. We will treat you with the care and compassion you deserve, and we’ll fight for you when it matters.
We don’t charge anything unless we win your case, so you have nothing to lose by reaching out to discuss your claim. Attorney Tyler Wilk and his team have the knowledge, experience, and commitment to fight for you — let us stand with you through this process. Contact our motorcycle accident attorneys in Philadelphia now.