Warmer Weather Means More Motorcyclists on the Road in Pennsylvania
With the warmer weather finally here, Pennsylvania motorcyclists are bringing their wheels out of storage. While motorcycling is a great way to enjoy the warm summer weather, it is important to be aware of the risk of a motorcycle accident. Unfortunately, motorcyclists are not as visible to other drivers on the road. Additionally, motorcycles do not come with the same safety features are personal vehicles do.
Determining Liability In a Millcreek Motorcycle Accident
There are a few people who may be found liable when a motorcycle accident occurs. Both the motorcyclist and the vehicle driver are expected to uphold their legal duty of care. Any driver who is negligent, regardless of what they are driving, can be held liable when an accident occurs.
Just a few of the most common causes of Pennsylvania motorcycle accidents include:
- Distracted driving
- Lack of awareness of local road laws
- Driver inexperience
- Poor weather
- Aggressive driving
Determining the Four Important Elements of Personal Injury
It can be useful to break down the four elements of personal injury when determining whether a driver is responsible or not. In order to file a personal injury claim, we must demonstrate the following elements:
- Duty of care: The responsible driver must have held a legal duty of care to the injured party
- Breach of duty: The responsible party must have breached that duty of care in some way. This is usually through negligence or intentional harm
- Causation: We must connect that the responsible parties’ negligent actions were the cause of the accident
- Damages: It is also necessary that we demonstrate that actual damages occurred from the accident
By demonstrating these four elements, we can identify who is liable for the motorcycle accident.
It is also possible for more than one party to be at fault when a motorcycle accident occurs. In fact, it is often the negligent actions of more than one party that leads to a motorcycle accident. Because Pennsylvania is a pure comparative negligence state, this means that you are still eligible to collect compensation for any damages that you are not responsible for. However, your compensation amount may be reduced by the percentage that you are found to be at fault.
Stay Safe When Motorcycling On Erie Roads
Although motorcyclists cannot completely control the road conditions or the actions of other drivers on the road, they can practice the following safety steps:
- Always wear a helmet
- Avoid distractions when operating a motorcycle
- Gain experience before navigating difficult roads
- Research local laws when visiting a new area
- Wear the appropriate safety gear
- Avoid going over the speed limit
- Avoid passing in a dangerous method
- Remain aware of nearby vehicles actions
Contact a Meadville Personal Injury Lawyer to Discuss Your Motorcycle Accident Case in Pennsylvania
With things like pure comparative negligence and insurance laws to determine, navigating a motorcycle accident case can be complex. It is important that you work with a lawyer that is familiar with the local motorcycle laws who can help you collect the compensation that you deserve. Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Purchase, George & Murphey, P.C. represent clients injured because of motorcycle accidents in Erie, Millcreek, Harborcreek, Fairview, and Meadville and throughout Pennsylvania. Call 814-273-2010 or email us to schedule a free consultation about your case. We have an office conveniently located at 2525 W 26th St, Erie, PA 16506.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.