Philadelphia Motorcycle Accidents Law
Motorcycle Accident Liability
Messa & Associates, Attorneys at Law, provide information about Philadelphia motorcycle accident laws. Learn about liability to determine whether you or another was at fault.
Basic Rules for Operating a Motorcycle
Operating a motorcycle in Philadelphia has some basic requirements:
- You must obtain a license to operate a motorcycle.
- A motorcycle safety course is available for all eligible applicants.
- Safety helmets are not required except within the first two years of licensing if you are over 21 and have taken the motorcycle safety course. Passengers on the motorcycle do not have to wear a safety helmet unless they are under 21 years of age.
- Motorcycle insurance is required.
- No more than two motorcycles can operate abreast in a lane.
- The operator of a motorcycle shall not overtake and pass in the same lane as the vehicle overtaken.
- The operator of a motorcycle shall not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles
Who Is at Fault?
Factors leading to a motorcycle accident are many and complex. It often falls to on-scene law enforcement to determine who is at fault in a motor vehicle accident. However, this is not the final answer.
The basis for holding a person or company legally responsible for any resulting harm comes from a principle called negligence. The negligent party responsible for an accident is held liable. When injury to someone results from the incorrect actions of another, that person will be legally liable for any resulting harm. There are other extenuating circumstances that can have bearing on the determination:
- Defective product (can be the motorcycle or tires)
- Is the motorcycle operator licensed and insured?
- Are they wearing a safety helmet if one is required?
This process for determining fault in accident or injury disputes begins with initial settlement talks and continues through trial in a personal injury lawsuit.
Negligence claims are based on the attempt to prove that the defendant:
- Owed a legal duty of care to the plaintiff (injured party) under the situation;
- Failed to fulfill that legal duty through conduct;
- Was responsible for an accident or injury involving the plaintiff; and
- Hurt or injured the plaintiff as a result.
Since there are so many factors to be evaluated in the cause of a motorcycle crash, you need attorneys who are familiar with Philadelphia motorcycle law and determination of accident liability in Philadelphia. Helmet laws and other factors must be understood to achieve a successful outcome when being involved in a motorcycle accident claim. In the event that your motorcycle accident leads to litigation Messa & Associates counsel can give you proper advice and representation in ensuring that the proper fault determination is made and that your rights are protected (either by settlement or litigation). To contact us call 866.403.4LAW (4529) or fill out the contact web form.