At Cooper Schall & Levy, we have extensive experience defending the rights of motorcyclists who have been seriously injured in a lane-splitting motorcycle accident. Lane splitting is the practice of riding a motorcycle between lanes or rows of sluggish or stopped traffic.
Although this practice is illegal in Pennsylvania, the U.S. Department of Transportation reports that the majority of motorcycle accidents involving collisions with passenger cars are caused by the drivers of the larger vehicles. Because as a biker you do not have a protective metal cage around you if you are struck by a car you are likely to suffer a severe, catastrophic, or fatal injury.
If you have been severely injured in a lane-splitting motorcycle accident, our attorneys are prepared to fight vigorously for the compensation you need to restart your life. Contact us now for a free consultation to discuss your options. Because we know you are coping with the aftermath of a trauma, once you become our client you will owe us no attorneys’ fees until we win you a settlement.
Causes of Lane-Splitting Motorcycle Accidents
Lane-splitting accidents can occur for a variety of reasons. Often, the motorcycle rider is struck by a driver who:
- Veers toward the line between lanes without signaling
- Fails to look in the rear-view mirror to see the motorcycle coming up from behind
- Changes lanes without signaling
- Is speeding or otherwise driving recklessly
- Decides to turn at the last moment, not realizing a motorcycle is near
- Is intoxicated, fatigued, or distracted
Although the higher the speed of the vehicles, the more dangerous the impact, even at slow speeds a motorcycle-car collision can be disastrous. That’s why, as a victim, you need the help of our astute lane-splitting motorcycle accident attorneys. We know precisely which arguments will be most persuasive during negotiations and/or litigation.
Devastating Injuries Suffered in Lane-Splitting Accidents
Even the most careful motorcycle riders with the most protective gear are at increased risk of terrible injuries in a lane-splitting accident. Any of the following can result in surgery, a long recovery period, or permanent disability:
- Bone fractures
- Brain damage
- Loss of sight, hearing
Our attorneys are dedicated to fighting aggressively to recover both economic and non-economic compensatory damages. If the driver of the car that hit you has engaged in especially egregious misconduct, such as driving impaired or texting while driving, you may also be awarded punitive damages.
Damages We Will Fight to Win for You
Economic damages are those that reimburse you for monetary losses, including:
- Medical and rehabilitation costs
- Lost income, present and future
- Property damage or loss
- Extended nursing care
- Alterations to make your home accessible
Non-economic damages cover intangible losses, such as:
- Pain and suffering
- Permanent disability
- Permanent disfigurement
- Loss of enjoyment of life
If your family is experiencing the agony of wrongful death, our motorcycle attorneys will seek damages for final medical costs, funeral costs, and loss of financial and emotional support. Though we know we cannot assuage your grief, we will do all we can to bring you justice.
Why You Need Our Powerful Legal Representation
Our lane-splitting motorcycle accident attorneys have excellent legal skills and in-depth knowledge of state and federal laws. We will use our strength and experience to confront insurance companies focused on protecting their bottom lines.
In order to win your case, we will:
- Handle all communications with opposing attorneys and insurance adjusters
- Investigate the site of your accident, surveillance videos, & forensic evidence
- Examine police records and medical reports
- Investigate any prior evidence of similar negligence on the part of the defendant
- Interview witnesses
- Subpoena smartphone records if the defendant is accused of texting while driving
- Identify all responsible parties
- Consult with experts in pertinent fields who may testify in court on your behalf
Most importantly, we will use our well-developed negotiation and litigation skills to your advantage, directly challenging the pervasive prejudice against bikers as reckless travelers.
Comparative Negligence as Part of Lane-Splitting Motorcycle Accidents
Because lane-splitting is illegal in Pennsylvania, no matter how cautiously you ride your motorcycle if you are lane-splitting at the time of an accident you will be deemed partially at fault. This means the state law of modified comparative negligence will apply.
State laws pertaining to comparative negligence vary from state to state. Pennsylvania uses a modified comparative negligence standard which means that you can still pursue a personal injury lawsuit to obtain damages for the harm that has come even if you bear some responsibility for the accident. However, if you are found to bear 51 percent or more of the fault, you cannot receive any compensation.
The way this works is that the court listens carefully to the facts of the case as argued by the participating attorneys and then assigns a percentage of blame to each party. The percentage of liability you are assigned will be deducted from your awarded settlement. So, if you are awarded $1 million and found to be 25 percent at fault, you will actually receive $750,000. Because of the complexity of these negotiations, it is crucial to have one of our sharp attorneys in your corner.
Contact Our Experienced Philadelphia Lane-Splitting Motorcycle Accident Attorneys Now
Lane-splitting motorcycle crashes involve more complications than many other types of traffic accidents. If you have been seriously injured or lost a loved one in such a collision, get in touch with one of our skilled, compassionate lawyers today. We will treat you with respect and work tirelessly to see that you obtain the resources you need to assist your healing and protect your future.