Motorcycle FAQ's

Who can be held responsible in a personal injury claim due to a motorcycle crash?

Any person or entity whose negligence in some way caused the crash. Many times the responsible person is the driver of the vehicle found at fault by the responding police officer. Since road design or conditions are sometimes to blame, state and local governments can be held responsible as well.

If I was found partially at fault for a motorcycle crash, can I still file a claim against the other driver?

Most people are not aware of the fact that they can still file a claim against the other driver even if they were found partially responsible for the crash. So long as you were not more at fault than the combined negligence of all potential defendants, you can recover for your damages. This means that, in order to recover, you can be no more than 50% negligent for causing the crash. Your damages will be reduced by the same percentage that you were at fault. For example, if your damages total $100,000 and you were 25% at fault for the crash, you would recover $75,000.

If a family member is killed in a motorcycle crash, can I file suit?

Yes, depending on your relationship with the family member. Unfortunately motorcycle crashes occur daily and sometimes result in the death of a rider. Pennsylvania statutes define which surviving family members can file suit against the person or persons who are liable for the crash and further define what type of damages are recoverable.

What are the costs involved in hiring an attorney to represent me for injuries sustained in a motorcycle crash?

Michael J. O’Connor and Associates provides potential clients a free consultation and does not collect any upfront fees. The motorcycle attorneys at Michael J. O’Connor and Associates do not recover any fees or costs unless your case results in a settlement or favorable jury verdict. Since our attorney fees are contingent upon successful prosecution of your case, we work hard to achieve the most favorable end result in the most efficient manner possible.

If an insurance adjuster calls and asks for my current medical treatment status, am I required to give the information?

No, you should contact an attorney immediately and allow him or her to control the information flow to and from the insurance adjuster. At that point, your attorney can make the decision whether or not to provide the adjuster with the information.

What should I do if an insurance adjuster sends me papers to sign?

Contact an attorney to review any documents received from the insurance company prior to signing them. Some insurance companies try to settle claims very quickly after the crash (sometimes the same day) for much less than full value by sending the injured person a document called a Release. Some Release forms prevent the injured person from pursuing a claim against anyone else who may be liable for the crash, not just the settling defendant. It is very important for an experienced attorney to review the terms of a Release to ensure that the injured person’s rights are preserved.