Why Motorcycle Accident Claims Are Different from Car Accident Cases in Pennsylvania
Motorcycle vs. Car Accident Claims: Key Legal Differences in Pennsylvania
When it comes to motor vehicle accidents, many people assume that all personal injury claims follow the same path. However, motorcycle accident claims in Pennsylvania involve unique legal and practical challenges that set them apart from car accident cases. At Aegis Law, LLC, we help riders in Philadelphia understand and navigate these critical distinctions to ensure their rights are fully protected after a crash.
Limited Tort Doesn’t Apply to Motorcyclists
One major legal difference is the issue of limited tort. In Pennsylvania, car owners can choose between “limited tort” and “full tort” insurance. Limited tort restricts the ability to recover damages for pain and suffering unless the injuries are deemed serious.
Motorcyclists, however, are exempt from the limited tort option. This means that even if the motorcyclist has limited tort coverage, they can still pursue non-economic damages such as pain and suffering. This is a key advantage in motorcycle accident claims and can lead to more comprehensive compensation.
Injuries Are Often More Severe
Motorcyclists have far less physical protection than passengers in cars. As a result, the injuries sustained in a motorcycle accident are often far more serious—such as spinal cord injuries, traumatic brain injuries, broken bones, and severe road rash. These injuries typically result in longer recovery periods, greater medical expenses, and significant impacts on quality of life.
This severity makes it critical to document injuries thoroughly and to work with a legal team that can clearly articulate the long-term consequences of the crash.
Public Bias Against Motorcyclists
There is a common but unfair stereotype that motorcyclists are reckless or risk-takers. This bias can influence how insurance adjusters evaluate claims, and even how juries perceive the victim. Overcoming this perception requires a focused legal strategy that emphasizes the facts of the case and the rider’s conduct.
At Aegis Law, LLC, we know how to present our clients’ cases to counteract these biases and highlight the responsibility of the at-fault driver.
Helmet Laws and Comparative Negligence
Pennsylvania law requires motorcycle riders under the age of 21 to wear a helmet. Those over 21 may ride without a helmet if they meet certain requirements. However, whether or not a rider was wearing a helmet can affect the value of their claim—especially if the injuries involve the head or face.
Insurance companies may argue comparative negligence—that the rider contributed to their own injuries by not wearing a helmet—even in situations where helmet use wasn't legally required. Understanding how to challenge these arguments is essential to a successful claim.
Why Legal Help Matters
Given these complexities, injured motorcyclists in Pennsylvania benefit greatly from working with an attorney familiar with the specific issues these cases present. At Aegis Law, LLC, we are committed to helping riders in Philadelphia seek full and fair compensation. From gathering evidence to negotiating with insurance companies to taking cases to court when necessary—we stand up for your rights every step of the way.
