How Motorcycle Accidents Differ Legally From Car Accidents
Riding a motorbike comes with a greater risk of personal injury than driving a car, and the laws regarding accidents involving these vehicles differ. Keep reading to learn more about how motorcycle accidents differ legally from car accidents and how a personal injury attorney could help you.
Choice No-Fault System
Pennsylvania adopted a choice no-fault insurance system in 1990 to reduce litigation and accelerate claims processing. This law means that you get to choose between limited or full tort auto insurance. The law also has different implications for car and motorcycle accidents.
If you get into a car accident, your insurance company will pay for your damages under the Personal Injury Protection section of your policy. However, if you get into an accident on your bike, you may not be restricted to filing a claim with your provider for your injuries and property damages. You may be able to sue the at-fault party’s insurance company for compensation.
Motorcyclists Are Exempt From the No-Fault System
Our state’s no-fault law does not apply to motorcyclists but does apply to car drivers. Whenever you are riding a motorbike, you are protected by your full tort insurance, as long as you pay the premiums. That policy gives you the right to sue for your medical bills, rehabilitation and therapy, lost wages, and the costs to get your bike back on the road.
As a motorcyclist, you are also exempt from the limited tort’s strict injury threshold for pain and suffering. Our state’s lawmakers understand that you are more vulnerable to injury in an accident than car drivers due to a motorcycle’s lack of safety features, such as seatbelts and airbags.
What Is the Modified Comparative Negligence Rule?
Another statewide policy that differs in relation to car and motorbike accidents is the modified comparative negligence rule. This law states that, as a motorbike rider, you are still able to collect damages if you were partially at fault for the collision. However, there is a limit. If the state determines that you were 51 percent or more at-fault, it would likely dismiss your lawsuit.
Contact a Knowledgeable Attorney Today for Advice on the Different Legal Implications of Motorbike and Car Accidents
Now that you understand more about how motorcycle accidents differ legally from car accidents, contact us at Bordas & Bordas if you have been involved in a motorcycle accident. Let us review your case and provide you with the sound advice you need at a time like this.
There is a lot at stake after a motorcycle accident, and we are here to ensure you get the fair compensation you need to cover your damages. We have a long history of winning big for our injured clients, so start the process now with a free consultation.