While some consider motorcycle riding a dangerous activity, the truth is that most motorcycle accidents by other drivers failing to look out for riders. When a negligent driver injures you, get help from our attorneys to file your claim and fight negative biases that could impact your compensation.

After a motorcycle accident, you will likely have several costs to contend with. Your medical bills will only increase as you get treatment, which can easily get out of hand. You might also be missing out on income because of your injuries. Our team can help you recover these damages and more. Most riders also have significant non-economic losses after an accident, such as anxiety about getting back on the bike or depression over not being able to ride at all. These losses can also be compensated for in a lawsuit.

Call Leeson & Leeson at (610) 890-6332 for a free assessment of your case with our motorcycle accident lawyers.

Types of Compensation That Can Be Recovered in a Bethlehem, PA Motorcycle Accident Lawsuit

Motorcycle accidents in Bethlehem typically result in multiple damages to riders. However, you cannot recover compensation in a lawsuit unless your damages are assessed and substantiated by evidence. Our motorcycle accident lawyers have decades of experience handling these challenging cases and can articulate the losses you have suffered to the court. We will gather records to calculate your financial losses and determine what non-monetary damages you should be compensated for. The following breaks down the damages you can pursue after your motorcycle accident:

Economic Damages

First, you should be paid for any economic damages stemming from the accident. Your medical bills will likely be high even if your injuries are relatively minor. If you suffered serious injuries, your medical expenses could be astronomical. You might need treatment long into the future or accommodations made to your home to help you get around. Our lawyers will consult with your doctors and other medical experts to get an accurate estimate of your future treatment costs.

You can also claim any wages you lost due to the accident. Perhaps you could not work at all during recovery, or your injuries limited you to certain tasks or reduced hours. Other motorcycle accident victims must find new jobs altogether. The difference between what you previously earned and now can be claimed, including the overall loss of your future earning potential.

Last, we know your bike is precious, so our team will also ensure the costs of repairing or replacing your motorcycle are included in your claim.

Non-Economic Damages

Considering the potential severity of a motorcycle accident, you could be entitled to significant non-economic damages. These damages are not easily calculated like those above. Fortunately, 231 Pa.C.S. § 223.3 provides some guidance on what you can claim as past and future non-economic losses. The court will decide the amount of these damages by assessing your pain and suffering, loss of ability to enjoy life’s pleasures, humiliation and embarrassment, and disfigurement.

The law’s definition of “pain and suffering” accounts for several types of damages, including physical pain, discomfort, mental anguish, inconvenience, and distress you have suffered since the injury.

To determine your final non-economic damages award, the court can consider your age, your injuries’ severity, whether they are permanent, the length of your medical treatment, and any other effects on your daily activities.

How to Cover Your Damages After a Motorcycle Accident in Bethlehem, PA

Knowing the best way to cover your losses after a motorcycle crash is important. While insurance might offer some compensation to help, it rarely compensates you for all the damages described above. Filing a lawsuit is the best option to do this.

If you have car insurance and are familiar with the no-fault insurance system in Bethlehem, you might worry that the “limited tort” option in your policy could bar you from filing a lawsuit. Fortunately, limited tort rules only apply to car accidents and do not restrict motorcycle riders from suing or claiming any areas of damages. This allows you to recover compensation directly from the person responsible for your injuries, though their insurance is usually the one to pay.

We have the option of filing a third-party claim with the other driver’s insurance provider and will typically do so, but insurance companies rarely cover all your non-economic damages, if any. Thus, we will file a lawsuit when we file your insurance claim. This gives you leverage during settlement negotiations since the insurance company will either need to compensate you for what we are demanding or let the court decide.

Understanding Motorcycle Accident Laws in Bethlehem, PA

Every state has different motorcycle laws, so you want to know which could impact your claim in Bethlehem. If you do not comply with local motorcycle laws, it can be used against you to reduce the money you recover. Pennsylvania is a modified comparative negligence state, meaning you can recover compensation even if you are partially at fault. However, you will be barred from recovery if your negligence is greater than the defendant’s, according to 42 Pa.C.S. § 7102(a). Thus, you should expect the other side to use any fact against you that it can.

The first thing insurance companies will likely check is whether you wore a helmet during the crash. Under 75 Pa.C.S. § 3525(d), all motorcycle riders must wear a helmet unless they are 21 or older and have either possessed a motorcycle license for two years or completed a state-approved rider safety program. However, not wearing a helmet can be used against you even if you legally ride without one. For instance, if you suffered brain injuries in the accident, the defense can argue that you contributed to your injuries’ severity by not wearing a helmet. Most judges and juries would agree with this argument, which could cost you.

According to § 3525(b), you must also wear eye protection. If not, the other side can claim you did not see the other driver.

Contact Our Bethlehem, PA Motorcycle Accident Lawyers for Help with Your Case Today

For a free case review with our motorcycle accident attorneys, contact Leeson & Leeson today at (610) 890-6332.