PENNSYLVANIA MOTORCYCLE ACCIDENT ATTORNEYS
Have you or someone you love been injured in a motorcycle accident?
Did you know that motorcycle crash victims may be able to file a claim for the damages they suffered?
If you have been injured in a Pennsylvania motorcycle accident, the licensed Harrisburg motorcycle accident lawyers at Schmidt Kramer may be able to help you get compensation for your losses.
Over more than three decades, our firm has obtained millions on behalf of injury victims in Pennsylvania, including motor vehicle accident victims. Partner Scott Cooper was selected for Pennsylvania Super Lawyers Top 100 10 years in a row and is a member of the Dauphin County Bar Association.
Your initial consultation is free of charge and there is no obligation to take legal action after meeting with us. We are not paid for representing you unless we obtain compensation on your behalf. There is no risk in contacting us to find out how we may be able to help you.
Do I Have a Valid Motorcycle Accident Claim?
If you were injured in a crash and have reason to believe another driver is at fault, you may have a valid claim for compensation. Government or private entities responsible for maintaining roads could also be liable for a motorcycle crash, if the accident happened due to poor road conditions.
However, it can be very difficult to determine whether you have a valid case without first meeting with an experienced lawyer. You should not take the insurance company’s word for it, and certainly not the word of the other driver involved in the crash.
There is no fee or obligation for meeting with one of the Harrisburg motorcycle accident lawyers at Schmidt Kramer. We have detailed knowledge of insurance laws in Pennsylvania and are prepared to review your insurance policy and the policy of the at-fault driver to determine the coverage that may be available.
What Forms of Compensation May Be Available?
One of the main goals of filing an injury claim after a motorcycle crash is to recover compensation for the medical bills you incur for treating your injuries. This may include the cost of treatment you may need after the legal process concludes.
Medical treatment for an injury can quickly become expensive. You may need surgery, prescription medications for pain, follow-up doctor visits, medical imaging tests and potentially physical therapy and rehabilitation to help you regain strength, mobility and function in the affected area of the body.
Motorcycle crashes are often very dangerous, and victims could suffer spinal cord injuries that cause varying levels of paralysis. You may need crutches, a wheelchair or other mobility aids just to help you get around every day.
Our licensed attorneys may also be able to pursue lost wages from missed time at work. For example, you may have been physically unable to work for a time after the accident. You may also miss work when you attend follow-up appointments.
Other damages that may be available in a motorcycle accident claim include:
- Funeral and burial costs if your loved one died in the crash
- Modifications to your home to accommodate your permanent disability
- Physical pain
- Emotional suffering
- Lost future earning capacity
- Property damage, such as damage to your motorcycle
The damages that may be available depend on the specifics of your claim, the injuries suffered, their severity, insurance coverage and other factors.
Learn more about the potential value of your claim by contacting Schmidt Kramer for a free consultation. Call (888) 476-0807.
Deadline for Filing a Claim
Most motorcycle accident claims are resolved by filing an insurance claim. However, sometimes victims may be able to file lawsuits to recover compensation, such as when the insurance company makes a lowball offer or denies your claim. Your eligibility for filing a lawsuit depends on many factors, such as the type of insurance policy you purchased.
However, it is important to note there is a deadline for filing a lawsuit. If you do not file before the deadline, you may lose the right to do so, and you may be unable to hold the at-fault party accountable and obtain compensation for damages.
Pennsylvania’s statute of limitations for motor vehicle accident claims is two years from the date of the accident. The deadline for a wrongful death claim is also two years.
There are sometimes exceptions to this standard deadline for various reasons, such as if you are filing a claim against the government.
Our Harrisburg motorcycle accident attorneys have extensive knowledge of the statute of limitations.
What Are the Benefits of Hiring an Attorney?
The legal process can be stressful and time-consuming for accident victims. Insurance companies know this, and that is why they often tell accident victims not to hire attorneys. They know how to trick victims into accepting a lowball settlement offer or saying things that may hurt their claim or their chances of recovering maximum compensation.
When you add the stress of the legal process to a serious injury, accident victims can easily become overwhelmed. That is why you should consider hiring an attorney. The lawyers at Schmidt Kramer have recovered millions on behalf of accident victims and are prepared to manage the entire legal process on your behalf. We want you to be able to focus on your medical treatment, so you can try to make the best recovery possible.
We have many years of combined experience dealing with insurance companies and know how to defend the full value of your claim. Unlike some attorneys, we are prepared to go to court if necessary. We are committed to aggressively pursuing maximum compensation.
Learn more about how we may be able to help you in a free consultation. Phone: (888) 476-0807.
Filing a Motorcycle Accident Insurance Claim
Unlike car insurance policies, motorcycle insurance policies in Pennsylvania do not contain first-party medical benefits coverage. That means you cannot obtain compensation for medical expenses and certain other damages from your own insurance policy.
That means motorcycle accident victims generally obtain compensation from the at-fault driver’s insurance policy. Under Pennsylvania law, drivers must have a minimum of $15,000 in liability coverage per victim and $30,000 per accident. However, many drivers purchase more than the minimum coverage. Other drivers must also carry a minimum of $5,000 in coverage for property damage they cause.
Unlike drivers, motorcyclists do not have the option to choose full or limited tort coverage in their insurance. Limited tort coverage only allows you to pursue certain damages in a lawsuit, while full tort allows you to seek damages for pain and suffering and other financial losses. Motorcyclists who purchase insurance have full tort coverage.
Filing a Claim if You Were Not Wearing a Helmet
You may still be able to obtain compensation if you were not wearing a helmet when the crash occurred. However, the at-fault party and its insurance company will likely try to use this detail against you to deny or lower the value of your claim.
If you are under the age of 21, you are required to wear a helmet while riding a motorcycle. Anyone over the age of 21 with two years of riding experience or who has passed a motorcycle safety course that has been approved by the Pennsylvania Department of Transportation or the Motorcycle Safety Foundation does not. You should strongly consider wearing a helmet as it may help reduce your risk of serious injury in a crash. Studies have shown wearing a helmet significantly reduces the risk of head and neck injuries.
Regardless of whether you were required to wear a helmet, if you suffered a head injury, the other side may have a strong argument to reduce the value of your claim or even deny it. The insurer will likely argue you would not have been injured, or your injuries would have been less severe if you were wearing a helmet.
The insurance company will likely try to apply Pennsylvania’s comparative negligence law, which says your compensation award will be reduced in proportion to your percentage of fault in the crash. If you are more at fault than the other party, you are prohibited from seeking compensation.
Claims for Accidents with Uninsured Drivers
You could get injured in a crash with a driver who either has no insurance or lacks enough coverage to pay for your damages. When this happens, you may be able to file a claim against the uninsured/underinsured motorist coverage in your insurance policy, if you have this coverage in your policy.
There are often requirements that must be met when you file a claim for uninsured/underinsured motorist coverage. That is why you should discuss the situation with a licensed Harrisburg motorcycle accident lawyer.
Call Schmidt Kramer anytime to speak to a representative and schedule your free legal consultation. Phone: (888) 476-0807
Claims for Injured Passengers
If you were a passenger on the motorcycle when the crash happened, you may be able to obtain compensation from the same sources as the driver of the motorcycle. If you have car insurance coverage, you may be able to file a claim against that coverage as well. Learn more by talking an experienced attorney. These claims can be complicated and difficult to manage on your own.
No-Contact Motorcycle Crashes
A no-contact motorcycle accident is one that happens without a collision with another vehicle. These crashes are often the fault of the rider. However, sometimes the road was damaged or there was a defective part on the motorcycle. In these situations, there may be the basis for a claim for compensation, such as a claim against the government entity responsible for maintaining the road where the crash happened.
What to Do After a Motorcycle Accident
After you have been involved in a Pennsylvania motorcycle accident, there are several things you can do to help your claim and keep the case moving along.
- If you can, take photographs of the accident scene and any damage to your vehicle.
- Visit a doctor as soon as possible, even if you do not think you suffered any injuries.
- Be sure to ask for a copy of the police report or request one as soon as possible.
- Report the accident to your insurance company, but do not sign anything until you speak with your attorney.
- Keep receipts of your medical expenses, motorcycle repair costs, and rental car fees.
- Take pictures of your injuries and keep a detailed record of the progression of your healing.
With more than 30 years of experience handling auto accident claims, the attorneys at Schmidt Kramer are ready to help you fight for compensation for your medical bills, pain and suffering, lost wages, and other damages.
Call a Harrisburg Motorcycle Accident Attorney for Legal Help
Although motorcyclists have the same rights as other drivers, they are often harder to defend. Not only do motorcycle riders have to fight for their case, they must also fight a reputation for being dangerous and reckless drivers.
Our Pennsylvania motorcycle accident attorneys know this is an unfair label and we know how to push back when at-fault parties and insurers attempt to use this label against you. We have a proven track record of recovering compensation for motor vehicle crash victims.
When you have been seriously injured and you have questions, turn to Schmidt Kramer and speak with our Pennsylvania injury lawyers today. We are prepared to walk you through the legal process and help you get back on your feet.