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Motorcycle crashes cause hundreds of serious injuries across Pennsylvania each year. Many of these accidents occur only because another motorist acted irresponsibly. Pursuing fair financial compensation for damages sustained in a wreck like this can be much more complicated than you might expect. This is especially true if the repercussions of your injuries will persist long-term or permanently.
Guidance from a personal injury attorney with a track record of positive results in challenging cases like motorcycle crashes is irreplaceable if you want to get the restitution you deserve. If you were injured while riding your motorcycle due to another person’s misconduct, do not hesitate to contact an Erie motorcycle accident lawyer. Our knowledgeable team is ready to help you pursue the compensation you need and deserve.
Short and Long-Term Losses in Motorcycle Crashes
Motor vehicle occupants have seatbelts, airbags, and various other safety features that separate them from a collision’s direct impact. Bikers, however, have almost no protection from external trauma except for a helmet in some instances. It is tragically all too common for riders to suffer catastrophic injuries, including damage to the brain and spine, or even wrongful death, through wrecks because of this fact.
In addition to immediately obvious hardships like emergency medical bills, some of the other losses experienced due to motorcycle crashes include:
- Motorcycle repairs
- Missed days or weeks at work resulting in lost income
- An inability to return to their old job or to work at all
- Future costs of therapeutic care
- Chronic physical pain
- Emotional distress
- Lost overall enjoyment of life
Every case is different regarding the damages that may be recoverable and the amount of money that would serve as fair restitution. A practiced Erie motorcycle crash attorney can provide crucial guidance about what could be factored into a particular claim and help estimate the value of future losses.
Proving Negligence and Avoiding Comparative Fault
It is important to recognize that in order to recover compensation after a motorcycle accident, an injured rider must prove that someone else involved was legally negligent. This means explicitly proving that the accident would never have occurred if the named defendant had not acted in a way that violated the duty of care they owed the motorcyclist.
What is Comparative Fault?
Plaintiffs generally need to establish that they are not at fault for worsening their own losses or causing them outright through misconduct. According to 42 Pennsylvania Consolidated Statutes § 7102, any percentage of fault assigned to an injured rider may result in a proportional reduction in their compensation award. An injured person who is found to be more at fault than all defendants combined is ineligible to receive compensation at all.
Challenging allegations of comparative fault can be complex. For example, failing to wear a helmet can potentially qualify as negligence by an injured person, even if they were not legally required to wear one while riding. Support from a capable motorbike accident attorney in Erie can be crucial to overcoming this and other obstacles during the litigation process.
Speak with an Erie Motorcycle Accident Attorney Today
Being involved in any kind of collision while riding a motorcycle can be an incredibly traumatic experience, even if you are fortunate enough to avoid being seriously hurt. Under less fortunate circumstances, taking proactive legal action against the person responsible for harming you is key to preserving your long-term prospects and personal interests.
A conversation with an adept Erie motorcycle accident lawyer can put you on track toward achieving the best possible legal outcome. Call Lowenthal & Abrams, P.C. today for a free initial consultation.
