Philadelphia Motorcycle Accident Lawyer

A motorcycle crash can change your life completely. It may cause severe injuries such as bone fractures, traumatic brain injuries, and spinal cord injuries. If the motorcycle accident is severe, it may cost you thousands of dollars in medical bills, vehicle repairs, lost wages, and physical disabilities.

If you or a loved one has been injured in a motorcycle accident in Philadelphia, you may be able to recover fair compensation. A Philadelphia motorcycle accident lawyer can fight for your legal rights and options and help you achieve maximum recovery.

The Law Offices of Greg Prosmushkin have been steadfast in fighting for the legal rights of motorcycle accident victims. Our experienced lawyers will negotiate with the insurance companies and represent you in court, always keeping your best interests in mind. Email us, call 215-799-9990, or fill out our online contact form today to get answers to your queries.

Why Choose Law Offices Of Greg Prosmushkin for Motorcycle Accident Cases

At The Law Offices of Greg Prosmushkin, our Philadelphia motorcycle accident attorneys have expertise in handling complicated cases. They are well-versed in motorcycle regulations prevailing in Pennsylvania and motorcycle insurance loopholes that may go against your accident case. Some additional reasons why you may choose our injury law firm are as follows:

We have successfully helped millions of motorcycle accident victims in Philadelphia for over 30 years.
Our legal representation includes taking control of all communications with the insurance company or companies from the initial contact through the conclusion of your claim, along with all required paperwork, including medical reports.
Our experienced legal team tries to maintain close relationships with all our esteemed clients, and our injury lawyers get personally involved in every accident case we take on.
If the insurer or other responsible party is unwilling to come to the table with a fair settlement offer, an attorney in our firm will make sure that you have your day in court.
We work on a contingency fee basis, and we charge for our services only if you get an award or settlement. If you don’t win, you don’t have to pay.
We have helped our clients secure millions of dollars for clients in settlements and jury verdicts. Our firm has obtained more than $3,300,000 for our clients in the last ten years.

If you have been injured in a motorcycle accident or lost a loved one, an experienced Philadelphia personal injury lawyer may help to represent your case in court to pursue fair compensation.

How Can a Philadelphia Motorcycle Accident Lawyer Help You?

An experienced Philadelphia motorcycle accident lawyer has plenty of relevant experience and excellent resources to:

Legal Guidance: They will explain your legal process, make you aware of your rights, and understand all options for pursuing a fair compensation.
Investigation: Conduct a complete motorcycle accident investigation focused on establishing liability, which will build a strong case.
Negotiation: They will communicate with insurance adjusters, handle their bad-faith insurance tactics, and help you get compensation for your losses.
Legal paperwork: Handling legal paperwork such as documentation and filings gets difficult. However, a lawyer will ensure your case will progress smoothly and before deadlines.
Representation in court: A lawyer will represent your case in court, protect your legal rights, and help to establish liability.

Our attorneys are well-connected and possess expert resources for handling your case. We take a hands-on approach but may also call on specialized investigators for assistance. In assertive negotiations and, when necessary, jury trials, we have won deserving compensations for motorcycle accident victims in different cases.

Causes of Motorcycle Accidents in Philadelphia

A combination of factors, such as distracted driving, speeding, and poor road conditions, often lead to motorcycle accidents in Philadelphia. Other common causes include failure to yield, sudden lane changes by other vehicles, and driving under the influence. Understanding these causes can help riders take preventive measures and stay safer on the road.

Left-turn accidents: Other drivers may not be looking for motorcycles, causing them to turn in front of one.
Rear-End Accidents: Similar to left-turn accidents, a car may rear-end a motorcycle that has come to a stop. While this may be a simple fender-bender in a car-vs.-car situation, when a motorcycle is involved, it could result in fatal injuries.
Unsafe Lane Changes: Drivers of other vehicles may not see a motorcycle or signal their intent to merge lanes; this can cause devastating side-swipe accidents.
Head-On Collisions: This occurs when the front of a car collides with the front of a motorcycle. Generally, head-on accidents happen when a car is traveling down the wrong lane of traffic, such as when passing on a two-lane road.
Lane Splitting: When a motorcycle rider drives between two lanes of traffic, this is known as lane splitting. Lane splitting can be treacherous as it potentially places a motorcycle between two cars or drivers who may not be expecting a motorcycle to be between lanes.
Distracted Driving: Texting while driving, changing radio stations, and other distractions are dangerous for everyone on the road. A driver who is not paying attention can run into a motorcyclist, causing serious damage.
Drunk Driving: Driving under the influence of drugs or alcohol causes a number of issues for drivers of motor vehicles on two wheels or four. Intoxication can reduce reaction time, cause swerving, or the driver to pass out while operating the vehicle.
Dangerous Road Conditions: Wet roads, gravel, and potholes are extremely hazardous to motorcycle riders. They can cause the rider to lose control of their bike.

Motorcycle accidents can often lead to serious and, sometimes fatal, injuries. Because riders are exposed to potential dangers, it is critical for them to be aware of these dangers and take action to protect themselves.

Common Motorcycle Accident Injuries in Philadelphia

Even when wearing helmets and other protection, motorcyclists and motorcycle passengers are extremely vulnerable in a crash. Our lawyers have the requisite skill and knowledge to provide vigorous representation in the event that someone else’s negligence or recklessness has caused an accident in which you or a loved one suffered one or more of the following kinds of injuries:

Concussion & TBI: Concussion/Traumatic brain injuries from a blow to the head with signs or symptoms that may include conditions such as various cognitive challenges, headaches, blurred vision, light sensitivity, seizures, dizziness, insomnia, depression, and nausea.
Spinal cord injury: An Injury to the 18-inch band of tissue, which forms part of the nervous system, from the brainstem to the lower back, which can lead to various maladies including pain, numbness, difficulty breathing, spasms, weakness, bowel or bladder issues, or paralysis.
Bone fracture: Bone fracture, i.e., broken bones in the rib, hand, arm, foot, leg, face, collarbone, or shoulder that can require surgery or, at a minimum, a splint, sling, or cast. Temporary loss of mobility or dexterity is frequent.
Amputation: Amputation is the severing of a hand, arm, or leg, or one or more toes or fingers, in a severe accident or as a result of surgical intervention after the accident. Medical amputation would likely be an emergency last resort when doctors can’t save a limb after a catastrophic accident.
Shoulder injury: Shoulder injuries can include dislocation, broken bones, nerve damage, or a torn rotator cuff with symptoms such as persistent pain, decreased range of motion, and swelling, among other indications.
Lacerations: Lacerations, i.e., cuts or gashes to the skin or underlying muscle that, when they are deep, can result in extensive bleeding and require, as a threshold matter, the application of pressure, and even a tourniquet, to stop, and usually require stitches. Infections and scarring are possible.
Neck Injuries: Neck Injuries such as whiplash or any strain to the muscles, tendons, or nerves to the neck and with symptoms such as pain, stiffness, range-of-motion limitations, and headaches, that may not emerge immediately.
Burn Injury: Burns resulting from, e.g., gas tank fires or explosions, burns from battery acid, or from a red-hot exhaust pipe. As mentioned above, friction burns can also occur. Burns can range from first degree to fourth degree, depending upon their severity.
Internal Injuries: Organ damage or internal injuries stemming from internal bruising or internal bleeding that can, in extreme situations, lead to failure of the brain, heart, liver, lungs, or kidneys or another vital part of the body to work normally and thus pose life-threatening complications
Knee dislocation: When the three bones that come together in the knee joint (thighbone, shinbone, and patella) become misaligned. Severe pain, swelling and bruising, and instability, or a limited range of motion are among the symptoms of this injury.

Common Insurance Company Tactics After A Motorcycle Accident

Insurance companies do not have any interest in providing the victim’s fair compensation. They even hire insurance adjusters to help their companies earn profit at the victim’s expense.

Insurance companies use a variety of tactics that will minimize payouts in the aftermath of a motorcycle accident. Here’s a list of such tactics:

Delaying claims: Insurance adjusters may delay in processing injury claims. It is their tactic to frustrate the claimants so that they accept a lower settlement.

Denying liability: They may make a claim that the victim was at fault in causing the accident. It may help them to provide them with no settlement.
Downplaying injuries: Insurance representatives may downplay your injuries, which will help them in justifying for a lower settlement.
Offering quick settlements: Insurance companies may provide settlements immediately after the accident in exchange for a signed claim. Sometimes, the victim may accept the settlement to avoid getting into legal complications.
Disputing medical bills: Insurance companies may dispute some portion of the medical bills or medical treatment expenses of the claimant.

A skilled motorcycle accident lawyer in Philadelphia will not only safeguard you from all these tactics but will also help to pursue maximum compensation for your damages.

Types of Damages in Philadelphia Motorcycle Accidents

Motorcycle accidents are the worst of all among other accidents in Philadelphia. Motorcyclists are vulnerable to collisions, which can result in severe injuries. These injuries may raise complications and can be expensive, owing to incurring medical costs.

The amount they must receive in compensation by filing a personal injury lawsuit is known as legal damages. These are the costs of all the losses sustained in the accident. Legal damages after a motorcycle accident can be divided into two categories:

Economic damages:

Motorcycle insurance claims must pay for economic damages since these damages show clear expenses that directly link to the damages. Economic damages can easily be expressed in dollar amounts. They are medical bills and expense reports from hospitals, doctor’s clinics, and others. Some common economic damages after motorcycle accidents are as follows:

Lost wages
Lost earning capacity
Medical bills
Future medical expenses
Property damage

Non-economic damages:

Pain and suffering, mental anguish, and emotional distress are some of the non-economic damages included in motorcycle accident claims. Pain can be bodily injuries, whereas suffering can be mental stress after permanent injury or wrongful death after motorcycle accidents.

Non-economic damages, in comparison to economic damages, cannot be easily translatable in dollar amounts. This is because they reflect the cost of invisible, non-physical injuries or losses, such as emotional distress. Most personal injury lawsuits that arise from motorcycle accidents may result in more significant compensation for non-economic damages than economic damages. Some common non-economic damages are as follows:

Physical pain and suffering
Emotional distress
Mental anguish
Depression and anxiety
Inconvenience
Loss of enjoyment of life
Loss of consortium
Disfigurement or scarring
Damage to reputation
Loss of quality of life

Punitive damages:

Punitive damages are meant to seek justice for the injured victim by punishing the at-fault party after the motorcycle crash. These damages are those which are awarded to the at-fault party for their reckless and negligent actions, such as the following:

Fraud
Gross negligence
Malice
Deliberately disregarding public safety
Wantonly defying the law

Punitive damages are also known as exemplary damages which are legal penalties which a jury awards to a plaintiff along with compensatory damages. These may prevent the plaintiff from doing similar misconduct in future. Your lawyer can help you determine what damages are available in your case, preserve evidence of those damages, and persuasively present your claim to the insurance company.

How Do You Prove Negligence After a Motorcycle Accident in Pennsylvania?

The first step essential to prove negligence is holding the other party accountable for your injuries. The motorcycle accident lawyer will easily establish liability by proper investigation and gathering relevant evidence. To prove negligence after a motorcycle accident, you need to establish four fundamental elements:

Duty of care: Every driver on the road has a legal responsibility to drive their vehicle with care to avoid harming others on the road.
Breach of duty: Breach of duty will be established when the other driver has violated duty of care such as failing to yield, running a red light, speeding, or making improper lane change.
Causation: In this element, you need to prove the other driver’s reckless actions directly caused the motorcycle accident and injuries.
Damages: The element comprises the losses the victim has sustained owing to the accident. Damages may include medical bills, property damage, lost wages, and other additional costs.

All these elements will strengthen your claim and will help to prove the other party accountable for the accident.

What To Do After A Philadelphia Motorcycle Accident

When you are involved in a motorcycle accident, you must follow some immediate steps:

Call the police: After a motorcycle accident, the victim must call 911 or the police to notify them about the accident. You will receive immediate assistance from the police.
Seek medical attention: The accident victim must seek medical care immediately after informing the police. Even if you have sustained minor injuries, it is vital to schedule checkups from the doctor.
Capture Photos of Accident Scene: The accident victim must take photos immediately at the scene of the crash. While the photos might not capture the vehicle that collided with your bike, you can take pictures of your injury and damage to your motorcycle, as well as the skid marks indicating that another vehicle speeded away to flee the scene.
Collect information on witnesses: It is vital to write down the contact information of any witnesses. Also, note any details about the vehicle that fled the scene, including its model, color, license plate number, and description of the driver.
Inform the insurance company: After facing a motorcycle accident, the victim must immediately inform the insurance company about the incident. It will help in filing the claim.
Consult with lawyers: Our lawyers will help you work through your own insurance to seek compensation for your injuries, damages, and losses caused by a hit-and-run car driver.

Who Can Be Held Liable for a Motorcycle Accident in Philadelphia?

All eyes are usually on the other driver or drivers personally for liability issues. If a driver was on the clock at the time of a motorcycle accident, however, the employer could also be held liable.

If a public road hazard, such as a pothole, contributed, even in part, to your injury, the city of Philadelphia might also be considered a liable party. Similarly, a private-sector business might also fall under the liability umbrella if an accident occurs on private property due to an unsafe condition.

Product liability separately might also apply if a defective motorcycle or automobile component allegedly contributed to the accident.

The unique circumstances of each accident and the liability that may attach is why skilled legal representation is necessary.

How Do You Prove Negligence After a Motorcycle Accident in Philadelphia?

Proving negligence, which can hinge on various legal technicalities, is the job of an experienced Philadelphia Motorcycle Accident attorney.

As alluded to above, your legal counsel will carefully review all the evidence to bolster the case file, such as significantly

A police report and any tickets police issued at the scene for traffic violations,
Static photos and traffic cam footage
Statements from parties and witnesses,
Medical evaluations,
Pay stubs that can validate lost pay,
Weather and road conditions,
And even input from accident reconstruction specialists, if necessary,

In general, to establish negligence, your lawyer must demonstrate that the driver who caused the accident did not exercise their duty of care as required on the road and that there is an actual and legal connection between the accident and your injuries.

What Is The Statute Of Limitation For Filing A Motorcycle Accident Claim In Philadelphia?

In Pennsylvania, the statute of limitation for filing a motorcycle accident claim is two years from the date the accident happened. If you do not file the lawsuit within this time, your claim will be barred, and you will be unable to recover compensation, subject to certain exceptions.

How much is a Philadelphia motorcycle accident claim worth?

In Pennsylvania, there is no cap on compensatory damages. However, there is a cap of 200% of the compensatory damages for any punitive damages awarded. Factors like out-of-court settlements and the insurance policies involved may also affect the total amount of compensation.

Additionally, the value of your case will depend on the facts. The seriousness of your injuries, property damage, circumstances of the accident, and fault are all critical to recovery. A Philadelphia motorcycle accident attorney can analyze your situation and help you fight for fair compensation.

At The Law Offices of Greg Prosmushkin, P.C., our experienced legal team fights for just compensation for our clients. We’ve secured multi-million dollar verdicts, held reckless drivers accountable, and helped our clients get the justice they deserve.

Contact Our Philadelphia Motorcycle Accident Attorneys for Legal Help

Suppose you’ve been involved in a motorcycle accident in Philadelphia. In that case, it’s crucial to seek legal assistance to navigate the complexities of your case and ensure you receive the compensation you deserve.

Our Philadelphia Motorcycle Accident lawyers have experience working on the insurance defense side of such cases. Therefore, we understand how insurance companies operate, which we will apply in our efforts to benefit you.

The Law Offices of Greg Prosmushkin determine fault in your crash, evaluate how much compensation you can recover, and build the most optimal legal strategy for your case. Call our legal offices at Call 215-673-7733 to receive a Free Consultation.