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Philadelphia Motorcycle Accident Attorney

A motorcycle accident can upend a motorcyclist’s life. It can cause traumatic personal injuries, permanent disabilities, and both physical and emotional scars. It may also lead to thousands of dollars in medical bills and lost wages. In 2017, 185 Pennsylvania motorcyclists lost their lives in traffic accidents. Thousands more suffered serious personal injuries.

If you suffered injuries such as broken bones or a traumatic brain injury, or lost a loved one in a motorcycle accident, a qualified Philadelphia motorcycle accident attorney at Rosenbaum & Associates can help.

Philadelphia Motorcycle Legal Resources


Philadelphia motorcycle accident lawyer

Why Choose Us for Your Motorcycle Accident Claim?

When Philadelphia residents suffer injuries in motorcycle accidents caused by negligent drivers, the right Philadelphia personal injury attorney can make all the difference in recovering fair compensation. You should trust Rosenbaum & Associates with handling your motorcycle accident case for several reasons:

  • We have successfully settled and litigated personal injury and wrongful death claims in Pennsylvania for over 25 years.
  • We have a staff of over 40 people for full case coverage. Lead attorney Jeff Rosenbaum maintains a close relationship with all his clients.
  • We are dedicated to helping injured motorcycle accident victims. We promise to give personal care and attention to each case.
  • We have secured millions of dollars for clients in insurance settlements and jury verdicts over the years.
  • We operate on a contingency-fee basis. We only charge for our services if we secure a settlement or verdict for the client.

Call (215) 569-0200 today to schedule a free consultation. A knowledgeable Philadelphia motorcycle accident lawyer will review the specifics of your case and let you know what options you have for recovering compensation.

How Much Is My Motorcycle Accident Injury Claim Worth?

Motorcycle accidents can cause severe injuries to motorcycle riders and their passengers. Many of these injuries are catastrophic or permanently disabling. Catastrophic injuries can include brain or spinal cord injuries, traumatic tattooing from road rash, loss of limb, or multiple bone fractures. When an injured motorcycle rider seeks restitution for an accident, the list can include many different damages:

  • Medical expenses. Payments for past and future hospitals stays, emergency care, surgeries, rehabilitation, therapies, medical devices, and prescriptions.
  • Past and future pain and suffering. Compensation for the physical pain, emotional suffering, and mental duress the victim may have experienced because of the accident.
  • Lost wages. An award to recover lost income and lost earning opportunities from a temporary or permanent injury.
  • Property damages. Reimbursement for the expense of repairing a damaged motorcycle or replacing a totaled vehicle.

A motorcycle accident injury claim’s value will depend on the severity of injuries, the amount of losses, the actions of the defendant, the insurance companies response and many other factors. Reviewing our past case results at Rosenbaum & Associates can help give you an idea of the recoveries we can achieve.

What Is The Statute of Limitations for Motorcycle Accidents in Pennsylvania?

A statute of limitations is a law providing a time limit by which claimants must file their personal injury claims. Statutes of limitations differ from state to state. In Pennsylvania, injured motorcycle accident victims have two years from the date of their accidents to bring their claim against a negligent party. The courts will only overlook a missed statute of limitations in rare circumstances, so victims should try to act quickly. A wrongful death lawsuit has a limit of two years from the date of the individual’s death to file a claim.

Pennsylvania is a choice car insurance state. This means drivers can choose whether to pay for fault or no-fault auto insurance. Fault insurance means you will not receive money for crash damages until you prove someone’s fault. No-fault insurance will give you benefits right away, but they may not be enough to cover your damages completely. You may only have the right to file a personal injury claim after a motorcycle accident with fault-based insurance, unless you suffered serious injuries.

Motorcycle Laws in Pennsylvania

The state of Pennsylvania has over 850,000 licensed motorcyclists. With so many motorcyclists on the roads, safety is one of the state Department of Transportation (PennDOT)’s priorities. Many tips can help reduce the risk of a motorcyclist getting into an accident, but one of the best ways to stay safe is to obey the law. Both drivers and motorcyclists should obey applicable laws and rules to help prevent deadly collisions.

  • Rules of the road. Motorcyclists have every right to the road other motorists have. They must also obey all traffic laws, rules, and regulations. Motorcyclists must obey posted speed limits and stop signs, and yield the right-of-way when applicable. They may ride two abreast of one another, but not with a motor vehicle. Motorcyclists cannot lane split in Pennsylvania.
  • Class M license. An individual must obtain a Class M (Motorcycle) license to lawfully operate a motorcycle. This requires the person to pass a knowledge test and ride with a learner’s permit for one year. Riders under the age of 18 must have learner’s permits for at least six months, and have 65 supervised hours of riding time, before the skills test.
  • Seating safety. Motorcyclists and their passengers must sit on permanently attached seats, and each has footrests. Passengers may only sit behind the operator while the vehicle is in motion. Riders must be able to use both hands to control the motorcycle, and cannot be holding anything that compromises this ability.
  • Equipment requirements. Handlebars cannot exceed shoulder height. The motorcycle must have a red light to the rear and a working headlight. All motorcycle equipment must be in proper working condition. Motorcycles must undergo safety inspections annually, based on the month of vehicle registration.

Obeying the state’s motorcycle laws can help you prevent a collision. It can also keep you out of legal trouble, avoiding traffic citations and fines. Following the rules makes Philadelphia’s roads safer for everyone. If a driver infringes upon a motorcyclist’s rights to the road and causes an accident, that driver could be liable for damages. Learn more by speaking with a motorcycle accident lawyer in Philadelphia.

Pennsylvania Motorcycle Helmet Law

Pennsylvania law requires all motorcyclists under the age of 21 to wear helmets. This includes both operators and riders. If the person is over 21 years of age, he or she must still wear a helmet until the rider has at least two years of riding experience or completes an approved motorcycle safety course. The only type of rider exempt from the state’s helmet law is someone riding in an enclosed cab of a three-wheeled motorcycle. To meet the guidelines of a federally approved helmet, the helmet must have a DOT sticker.

What are Common Causes of Motorcycle Accidents?

The main cause of motorcycle accidents in Philadelphia is human error. Mistakes and negligence from a driver, motorcyclist, part manufacturer, construction zone manager, and other parties can cause deadly collisions. It is up to the injured motorcyclist in a case (or his or her Philadelphia motorcycle accident attorney) to identify the at-fault party and prove fault during a claim. Some of the most common causes of motorcycle accidents are as follows.

  • Speeding
  • Reckless driving
  • Distracted driving
  • Drunk driving
  • Failing to yield right-of-way
  • Unsafe lane changing
  • Cars making left-hand turns
  • Defective vehicles
  • Dangerous roadways
  • Bad weather

Many cases involve more than one injury cause and potential defendants and insurance companies. For example, a vehicle driver may have caused a motorcycle accident through an act of negligence, but a part manufacturer could share the blame for creating defective motorcycle brakes. In these cases, all parties at-fault for the crash could be jointly and severally liable for damages. This could result in greater compensation for the victim. An experienced motorcycle accident lawyer like those at the law firm of Rosenbaum & Associates can help navigate tasks with insurance companies and other parties involved.

Can Poor Roads Lead to Motorcycle Accidents?

Under maintained roads can lead to a higher risk of motorcycle accidents and injuries. When roads are poorly maintained, potholes, missing signage, diminished paint, faulty streetlights and other under maintained services can contribute to unsafe driving conditions.

If a motorcycle accident occurs as a result of poor maintenance, a public entity may be held responsible for the injuries and damages sustained as a result of maintenance issues. However, if a plaintiff files suit against a public entity, there are different regulations that outline time limits when a defendant is a government entity. Pennsylvania has passed the Sovereign Immunity Act, which limits the liability of most cases against the State of Pennsylvania. However, there are certain conditions – including potholes and other hazardous road conditions – that can allow an injured victim to pursue damages relating to a personal injury.

It is important to discuss the options available with a motorcycle accident attorney as soon as possible after a motorcycle accident occurs. If any potential party is a government entity, it is essential to consult with a motorcycle accident attorney as soon as possible.

Who Can Be Held Liable For a Motorcycle Accident in Pennsylvania?

After a motorcycle accident occurs, several parties may be held liable for the injuries suffered by an accident victim. If there are any passengers on a motorcycle, passengers may choose to file a claim against the motorcycle operator if that individual operated the vehicle in a negligent fashion. Other parties that can be included in an accident claim may include negligent drivers, construction companies or local and state governments.

How Do You Prove Negligence After a Motorcycle Accident in Pennsylvania?

The first step to holding someone accountable after a motorcycle accident is identifying which parties took part in causing your injury, then gathering evidence to prove their negligence. This can be done by your motorcycle accident lawyer, who will launch an independent investigation into your accident. To establish another party’s negligence, you must have proof of the following elements:


The defendant (at-fault party) owed you a duty of care to reasonably prevent harm to others. (e.g., drivers owe a duty of care to others on the road to follow traffic laws and drive safely)

Breach of Duty

The at-fault party breached their duty of care. In other words, they acted negligently by failing to do what another reasonable person would have done in a similar situation. (e.g., texting and driving, driving under the influence, excessive speeding, abrupt lane change, etc.)


Proof that the defendant’s breach of duty is directly linked to your injuries, and you would not have been injured if not for their actions. (e.g., medical records of your injuries immediately after the crash)


Evidence of financial and personal losses resulting from the defendant’s actions, such as medical bills, property damage, lost income, pain and suffering, etc., for which you are entitled to compensation.

To ensure you have a solid case, an attorney will collect evidence, such as:

  • Photos or videos of the accident scene, skid marks, damage to the vehicles, and of your injuries
  • Police reports
  • Witness statements
  • Physical evidence from the motorcycle
  • Motorcycle maintenance records
  • Video surveillance footage of the accident, if available
  • Copies of your medical records
  • Cell phone records if necessary
  • Toxicology reports of the other driver(s) (when appropriate)
  • Expert testimony, such as accident reconstruction experts who can prove the cause of the accident or medical experts who can testify to the extent of your injuries

Your attorney will initiate an accident investigation immediately to preserve this critical evidence of fault, which can quickly disappear.

Why is Proving Negligence Important in a Motorcycle Case?

In order to win a motorcycle injury case, you must be able to prove each of the four elements of negligence. In many motorcycle accident cases, the at-fault party’s insurance company will fight to make sure they pay out as little money as possible, which means placing the blame onto you. If you are found to have contributed to the accident, some of your awarded compensation may be reduced or eliminated altogether. Pennsylvania operates under a modified comparative fault system which means that you can still claim damages even if you are partially responsible for your own injuries. However, if it is ruled that you were at least 51 percent responsible for the accident, you won’t be able to recover any compensation.

For example, if you are awarded $100,000 but found 15% responsible for the collision, your award will be reduced by 15%, leaving you with $85,000. If you are found 51% or more at fault, you will not receive an award.

Contact a Philadelphia Motorcycle Accident Injury Lawyer Today

Hiring a motorcycle accident attorney can simplify complex legal processes in Philadelphia. Identifying the at-fault party, choosing which legal route to take, finding high-quality medical care, paying medical bills, and fighting for fair compensation can all become easier with help from an experienced motorcycle accident attorney in Philadelphia. Rosenbaum & Associates cares about Pennsylvania’s motorcyclist community. We want to help injured accident victims protect their rights and stand up against negligent drivers. Learn more about your injury case with a free consultation from our experienced legal counsel. Contact us today to request yours.