Motorcycle accidents can be caused by a multitude of factors. Motorcycles are often more difficult for car and truck drivers to see, particularly at intersections. Additionally, poor road maintenance, such as potholes, loose gravel, or debris, can create serious hazards for motorcyclists. When accidents occur, riders especially vulnerable to severe injuries due to their relative lack of external protection.

In some cases, a motorcycle rider’s actions can contribute to an accident. Riders who speed, weave through traffic, fail to signal lane changes or engage in risky maneuvers may be found partially at fault. Additionally, Pennsylvania law requires helmets to be worn by motorcycle riders under the age of 21, or those with less than two years of riding experiences. If a rider chooses not to wear a helmet, even if not legally required, this could be a factor in how fault for an accident and resulting injuries are apportioned.

Pennsylvania follows a modified comparative negligence rule, meaning that fault is apportioned based on each party’s contribution to the accident. For example, if a motorcycle rider is found to be 20 percent at fault for an accident or injury and suffers $100,000 in damages, their recovery would be reduced to $80,000. If the rider is found to be 51 percent or more at fault, they cannot recover damages at all. 

A rider’s failure to wear a helmet may also be a factor in deciding on comparative negligence. While failing to wear a helmet does not directly cause an accident, it can affect the severity of injuries sustained. For instance, if a head, neck or spinal injury might have been less severe had the rider worn a helmet, a court may assign a portion of fault to the rider for not taking reasonable steps to protect themselves, thereby lowering the damages they can recover. 

A plaintiff’s motorcycle accident attorney can build a strong case to show that other parties, rather than the rider, were primarily responsible for the accident, such as by failing to yield or by driving distracted. The attorney will gather evidence, such as accident reports, witness statements and expert analyses. They will also work to minimize the impact of any negligence of the rider, especially concerning helmet use. In both respects, an attorney will strive to show the rider was less than 51 percent responsible.

Phil DiLucente & Associates, LLC in Pittsburgh represents motorcycle riders who have been hurt in collisions with negligent drivers. Please call 1.800.GET.PHIL or contact us online to make an appointment for a free initial consultation.