If you or your loved one survives a motorcycle accident, you may end up with mental trauma, physical injuries, and expensive medical bills.
While having insurance coverage can help you recover partially from your expenses, your remaining bills could still be too much to bear. One way to do this is by filing a civil lawsuit against the driver at fault. It will potentially let you receive compensation from the defendant. It is also another way for you to bring them to justice for their actions.
If you need assistance getting compensated for the accident, you can call Ben Crump Law, PLLC at 800-959-1444. The team can commit a Philadelphia motorcycle accident lawyer to guide you through the legal processes involved in your situation.
Vehicle Liability Insurance in Philadelphia
As it is with other drivers in Pennsylvania, motorcyclists must have vehicle liability insurance coverage, also known as financial responsibility. It covers the injuries and property damage that the motorist causes. The minimum amounts that the state requires for them are as follows:
- $5,000 for medical expenses
- $15,000 for one person’s injury or death
- $30,000 for multiple victims, and
- $5,000 for property damage.
As these are only the least that they should carry, it is up to the motorist if they wish to increase the coverage. It can help them avoid instances such as if the total damages exceed their insurance policy. When that happens, the defendant may have to pay using their assets — especially if the victim decides to file an accident lawsuit.
For a free legal consultation with a motorcycle accidents lawyer serving Philadelphia, call 800-924-3113
Philadelphia’s Optional Fault Insurance System
Unlike most U.S. states, Pennsylvania has a unique insurance system that gives motorists the option between limited tort and full tort insurance. Limited tort or no-fault coverage means that you can only rely on your insurance provider to cover the injuries you suffered. You cannot file a personal injury lawsuit against the person at fault if you want compensation. However, the no-fault insurance only applies to injuries — you can still sue the driver for property damage.
In full tort or fault-based coverage, the motorist is required to cover both your injuries and your property damage. It is your choice to file a claim with their insurer or pursue a civil case in court.
You can contact Ben Crump Law, PLLC for more advice on your legal options for compensation. The team’s Philadelphia motorcycle accident lawyer can counsel you, regardless of whether you choose full or limited tort insurance.
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Recovering Compensation in Motorcycle Accident Cases
A successful motorcycle accident claim gives you the chance to recover economic and non-economic damages. Economic damages are the material cost of the accident. You can get reimbursed for your past and future medical bills, vehicle repairs, burial expenses, and lost income. Meanwhile, non-economic damages include pain and suffering, trauma, and loss of consortium.
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The Comparative Negligence Rule
Pennsylvania courts use a comparative fault rule to decide how much claimants can receive from the total damages. In this rule, the judge or jury may deem you partially at fault for the accident. Your fault percentage then reduces the amount that you can get. For instance, if the court finds you 20% liable because you did not evade the motorist even when you had the chance, you will only get 80% of the whole amount.
Do note that even if you are the plaintiff, you cannot receive any compensation if you share more than half of the fault. A Philadelphia motorcycle accident lawyer can assist in collecting evidence that can establish that you are at less fault than the other party. It also means they will investigate for more proof of the other person’s negligence, such as if the defendant committed traffic or DMV violations.
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Follow the State’s Statute of Limitations
All lawsuits have a statute of limitations or filing deadlines that claimants have to comply with. In Pennsylvania, the time limit for motorcycle or any other vehicular accident cases is two years, as stated in 42 Pa. CSA § 5524. This is because the state’s time allowance for personal injury, wrongful death, and property damage claims– which can all happen in a road collision — are the same.
The court will typically dismiss submissions that miss their deadline. However, the statute clock does pause or “toll” for a few exceptions. One is if the defendant is away or hiding from the state.42 Pa. CSA § 5532states that if a liable party is not in Pennsylvania for more than four months, or tries to conceal themselves from public knowledge, the timer will not count it.
A Philadelphia motorcycle accident lawyer has already studied the other exceptions that could affect your lawsuit’s deadline. They can help you determine your case’s exact due date to make sure you submit all your requirements on time.
We Will Fight for Justice for Your Accident
Although motorcycle crashes can be a distressing and costly experience for victims, they can file a civil lawsuit and get justice for themselves and their loved ones. If you are a victim of one here in Philadelphia, Ben Crump Law, PLLC is here to help. We have a Philadelphia motorcycle accident lawyer who can provide legal support and representation until you reach a satisfying settlement.
Led by civil rights attorney and advocate Ben Crump, our team fights against discrimination, harassment, and other forms of injustice throughout the United States. We work with clients on civil lawsuits such as auto accidents, medical malpractice, and workers’ compensation.
For inquiries regarding our legal services, you may get in touch through 800-959-1444 anytime. Our team is available 24/7 for your concerns.
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