Parties You Can Sue in a Motorcycle Accident Case
One party must be at fault for the collision to result in a motorcycle accident injury case. You cannot claim damages unless there was a negligent party.
Someone is negligent when they breach a legal duty. Every motorist has a duty to exercise diligence and not cause harm to others. If a person fails in that legal duty and their failure causes a motorcycle accident, that party may be responsible for resulting injury damages under Tit. 42 § 7102 et seq. of the Pennsylvania Statutes.
We can sue the negligent party or parties in a motorcycle accident for damages. Depending on who caused the motorcycle accident, any of the following parties may be sued in this type of case.
The Statistics on Motorcycle Accident Injuries
Motorcycle riders are 5 times more likely to be injured in an accident than a passenger vehicle occupant according to the National Highway Traffic Safety Administration (NHTSA). Meanwhile, the latest data from the Pennsylvania DMV shows there are now over 800,000 licensed motorcyclists throughout the state. While research reveals there are over 3000 motorcycle accidents causing injuries across Pennsylvania each year.
There are numerous ways a person can be involved in a motorcycle accident, from sudden stops to vehicles striking a motorcycle, etc. Regardless of how the accident is caused, there are some injuries that are more commonly seen than others.
Most Common Motorcycle Injuries
Common injuries can range from minor to life-threatening. Most injuries a person sustains in a motorcycle accident will require hospitalization and numerous treatments and appointments to recover. Some injuries may never be fully recoverable – such as traumatic brain injury. Some injuries that are more common include:
- Road Rash – This is one of the most common injuries seen in a motorcycle accident. Road rash can be cuts or scrapes, but if the affected skin is not properly treated, it can also form permanent skin irritations or infections. Some road rash cases are so severe they require skin grafts.
- Broken Bones – Because a motorcycle rider is completely exposed and has no protection, it is not uncommon for them to experience fractures or broken bones. These injuries can also result in permanent nerve damage or disfigurement. Protective gear can help reduce the severity of these injuries, but may not prevent broken bones.
- Spinal Cord Injuries – Unfortunately, motorcycle riders are at high-risk for spinal cord injuries after an accident. These injuries could result in chronic pain or even paralysis. Some riders can suffer from herniated discs and neurological damage as well.
- Severed Limbs – Because the motorcycle rider does not have the protection of a vehicle, the sheer force of the impact and objects they come into contact with could result in severed limbs or medically-necessary amputations. This could impact the rider’s quality of life and even their ability to earn a living in the future.
- Traumatic Brain Injury – While a helmet does reduce the likelihood of TBI from occurring, individuals can still suffer from a traumatic brain injury while wearing a helmet. These injuries result in long-term struggles, high medical costs, and if they are not diagnosed and treated, they may be life-threatening.
- Facial Disfigurement – The impact and contact with the asphalt and debris could cause severe facial lacerations or facial fractures. These may not heal properly or the cuts may be so severe that they result in permanent facial disfigurement.
Establishing Negligence In Motorcycle Accident Injury Claims
To secure compensation in your motorcycle accident case, your accident lawyer must first establish the other party’s negligent actions caused your injuries. Establishing negligence requires the court to analyze the following:
- That the at-fault driver had a duty of care and the law required them to drive carefully to prevent harm to themselves and those around them.
- That the at-fault driver breaches their duty of care and in so doing they did not drive carefully and responsibly.
- That your injuries as a motorcyclist are as a direct result of the at-fault driver’s breach of the duty of care.
- That you suffered damage as a result of your injuries.
Associated damages may include:
Medical bills
Prescription payments
Physical therapy costs
Lost wages
Loss of earning capacity
Property damage and
Pain and suffering
Negligent actions that may result in a motorcycle accident injury may include:
- Running a red light
- Failure to yield
- Following too closely
- Driving too quickly for the conditions
- Failure to look when making a turn
A Motorcycle Accident Attorney Can Help You Get Injury Compensation
If you have been injured in a motorcycle accident, you may already be facing an astounding volume of medical costs that you never anticipated. If your accident was caused by the negligence of another, Jeffrey H. Penneys, Esq. can help. We will aggressively protect your right to seek compensation and get you the financial assistance you need to pay medical bills, cover lost wages and help cope with your pain and suffering. Schedule a free injury consultation online or call 1-800-Injury-Law.
Updated: April 2022