Perhaps because its name seems vaguely comedic or less than serious, many people do not understand just how awful a road rash injury can be. Even some of the definitions you might come across online don’t do justice to the pain and suffering it can cause, referring to it as a result of “grazing against the road,” makes it seem like a gentle brush... As a Pennsylvania motorcycle accident lawyer of over 2 decades, I can tell you this for sure: road rash is no joke, and it certainly isn’t gentle. In fact road rash is one of the most common injuries you can sustain as a result of a motorcycle accident, one of the most painful, and can even result in serious, permanent disfigurement. Road rash results when a biker or passenger is thrown from their motorcycle and slides across the … [Read more...]
Statute of Limitations for Motorcycle Accidents in Pennsylvania
I haven't discussed the Statute of Limitations for motorcycle accidents in Pennsylvania on this site in some time. It is important to revisit the subject from time to time. A motorcycle accident injury falls under personal injury law. In Pennsylvania, personal injury actions must be commenced within two years of the act or omission giving rise to the injury. Also, under Pennsylvania law, a minor must file suit within two years of their 18th birthday. Don't Wait Two Years to Make a Claim Even though you have up to two years to file a motorcycle accident action, I would caution you not to delay in hiring a motorcycle accident attorney to "wait and see how I feel in six months", for instance. Evidence tends to evaporate quickly and memories become fuzzy so we will want to get … [Read more...]
Do I Have a Motorcycle Accident Case?
As an experienced Pennsylvania motorcycle accident lawyer I handle a large variety of cases. Aside from the satisfaction I get helping others, this keeps me interested after all these years. Anytime a fellow rider has an accident of any kind on their bike, I would like to help. However, there are just some cases where riders don't have a claim, so I cannot help. Most cases I can't help with don't involve a responsible party.. basically, you must have someone to sue before you can collect anything. Other times, there are jurisdictional issues, as I only handle motorcycle cases in Pennsylvania and New Jersey. Examples of Motorcycle Accidents I Can't Help You Resolve I will present these real-life situations of claims in a Q & A format. Road Gravel Case 1: "I was driving … [Read more...]
Buying a Motorcycle
Thinking about buying a Bike? Autumn (aka end of riding season in the Northeast) is a great time to get a good price on the purchase of a pre-owned motorcycle from a private party. Late in the fall through the middle of winter is prime because people thinking about buying a new bike know they won't be riding over the winter. They don't want to store their old bike over the winter. Nor do they want to pay for a new one that they won't be riding, so they plan on buying in the spring. After they have had their last fun ride of the season they are eager to bank some money for their new one. So why does this period extend until mid winter? Because if the bike is not selling the owners tend to drop the prices as November turns to December. Conversely, spring and summer is the … [Read more...]
What is Loss of Consortium?
Loss of consortium is a term used in law that refers to the deprivation of the benefits that a family relationship provides due to injuries. Historically, the relationship between husband and wife has been considered a matter of value worth protecting. Loss of consortium arising from personal injuries was first recognized under English common law over 200 years ago. The term "consortium" is derived from the Latin expression "per quod servitium et consortium amisit," translated as "in consequence of which he lost her society and services", according to Wikipedia. To put the aspects of this claim in modern perspective, it refers to the loss of the full functioning of your spouse which may include losses to the economic contributions of the injured spouse to the household, care … [Read more...]
Motorcycle Owner Pre-Accident Advice
Mennonite insurance, Ryder insurance, Progressive Insurance and others focus on selling the minimum insurance required by law, which is currently $15,000, and has been since 1990. In that same span of time, health care costs have gone up 351%. According to statistics from the Center for Medicare and Medicaid Services as expressed in this article: https://www.thebalance.com/causes-of-rising-healthcare-costs-4064878 in 1990 the average person used $2,843 of their income for health costs, and in 2015 that number had risen to $9,990. Carried forward, that would mean if $15,000 was deemed sufficient mandatory insurance in 1990, then the implied reasonable insurance amount in 2017 would be approaching $53,000. So, the resulting shortfall in available funds to cover your recovery from a … [Read more...]
Trust But Verify
The majority of people in this world are trusting individuals. When someone tells them something, especially someone who they have been conditioned to trust, they naturally believe it to be true. Unfortunately when it comes to insurance companies, the public has been conditioned to trust them as an authority. So when an accident happens, people call their insurance agent and get advice. The problem with this approach is that your insurance company is in business to take in money, not give it out. No matter what they say or how they come across when you tell 'your' agent about your accident, in their mind they actually flip from your agent to an agent for their company as soon as you utter the word "accident". What do I mean by that? An agent represents someone. When your … [Read more...]
Underage DUI in Pennsylvania
Last month I wrote about motorcycle DUI (driving under the influence) penalties in Pennsylvania. If you missed it, I encourage you to read that article on DUI before you read this article. This article is about Underage DUI, and underage drinking in general. First, The Zero Tolerance Law Those convicted of a DUI under the age of 21 years old ("underage") are subject to the Commonwealth's zero tolerance law. The penalties: Your driver's license will be suspended for one year. You will go to jail for two days to six months. You will be fined up to $5,000, but at a minimum you will least $500 poorer. Pay court costs. Discouraging Underage Drinking Pennsylvania isn't fooling around with their goal of reducing DUI accidents and deaths. The Commonwealth … [Read more...]
Motorcycle DUI Penalties
I haven't written about the very important subject of driving under the influence (DUI) in a few years, but it is important to keep this subject in front of riders. Given that riding season is finally in bloom, I want to touch on the topic of DWI/DUI as many riders will end up at destinations where alcohol is being served. I want to inform all of you that the penalties for DUI/DWI are getting harsher and more expensive every year in Pennsylvania, and across the nation. Though I have written on this in the past, the legal blood alcohol content (BAC) limit merits renewed discussion. The .08 blood alcohol content limit to drive in Pennsylvania means that just two beers (or drinks) in rapid succession will put us close to the limit, especially if not ingested with food. Also … [Read more...]
Evidence Collection in a Motorcycle Accident
Pennsylvania motorcycle personal injury lawyer explains importance of evidence collection When you first speak to a motorcycle attorney, they will seek to learn the facts about your accident to determine if you have a winnable case. One element of that determination is fault. In order to effectively fight for your rights in a motorcycle accident, it is imperative that once your hire me as your Pennsylvania motorcycle accident lawyer that we promptly work together on a thorough, comprehensive investigation of the causes and effects of your accident. Our goal is to piece together the puzzle that proves you were wronged, hopefully through no fault of your own, and create the most effective accident claim we possibly can present to the at-fault party's insurance company. If … [Read more...]
