Experienced bikers understand riding a motorcycle comes with certain risks. Due to the high exposure of motorcyclists, accidents could result in devastating injuries that require extensive medical care which can result in unexpected financial burdens.
If you or a loved one were involved in a wreck, a State College motorcycle accident lawyer could help you recover financial compensation following your wreck. With a dedicated personal injury attorney by your side, you may be better prepared to prove civil liability and seek damages for the losses you sustained as a result of someone else’s negligence.
Under current Pennsylvania state law, helmets are only required for motorcycle riders under the age of 21. Once a rider reaches that age, he or she can become exempt from the helmet requirement by either demonstrating he or she has been riding for at least two years, or by completing a motorcycle safety class approved by either the Motorcycle Safety Foundation or the Pennsylvania Department of Transportation.
Regardless of age, all motorcyclists in State College and throughout Pennsylvania are required to wear protective eye gear and follow all the same traffic regulations that apply to all motorists. Failure to abide by these rules may make it more difficult to recover compensation in the event of an accident, even if someone else was primarily at fault.
Since Pennsylvania is a no-fault insurance state, medical bills relating to an accident are typically paid by one’s own automobile insurance company, regardless of who was at-fault for the accident. Motorcycles are an exception to the rule, as motorcycle insurance policies are not required to includes include medical payments coverage.
This means that a motorcyclist may be able to pursue these costs from the at-fault driver. A State College attorney could speak with an injured motorcyclist about this process.
In order to obtain financial recovery following a motorcycle wreck, it is crucial to gather as much evidence as possible from the accident scene. Police reports, photographs, security camera and dashcam footage, and eyewitness testimonies can all provide vital context to a motorcycle crash in State College and make it easier for a skilled lawyer to prove who was at fault.
A key component of most successful civil suits is contesting allegations of comparative fault. Under 42 P.S. §7102, a court may proportionately reduce a claimant’s recoverable damages by the percentage of fault he or she bears, and will restrict him or her from recovering anything if that percentage exceeds 50 percent.
Comparative fault may be a factor in cases where a biker fails to wear a helmet or does not follow recommended safety procedures while riding. However, legal counsel could work with a plaintiff to mitigate the effect this legal principle might have on his or her recovery.
No matter how careful a biker may be, he or she could still be at risk of harm if another motorist acts negligently. Due to the lack of safety features and external protection in these vehicles, a crash that might only jolt someone in a passenger car could cause catastrophic losses for a motorcyclist.
If you were hurt while riding your motorcycle because of someone else’s negligence, you should seek strong legal representation as you pursue civil restitution for your losses. Call a State College motorcycle accident lawyer today to learn more about the legal options that may be available in your situation.
By: Mike B.