Promptly contact a Philadelphia motorcycle accident lawyer if a driver injures you while you’re motorcycling and then claims they did not see you. You may be entitled to compensation for your medical costs, lost earnings, and more.
Under the laws of every state, motorists have a “duty of care” to drive vehicles safely and be aware of their surroundings. Saying they “did not see you” is tough to hear if you’re injured, but it doesn’t necessarily mean the driver isn’t at fault and liable.
Depending on the details of the case, failing to see a motorcyclist may constitute negligence. A Philadelphia motorcycle accident attorney can help an injured motorcyclist prove that a driver who “didn’t see you” should be held accountable and responsible for compensating you.
What Should You Know About Motorcycle Accidents?
According to the Pennsylvania Motorcycle Safety Program, there were more than 3,400 motorcycle accidents in Pennsylvania in 2023, resulting in over 900 serious injuries and more than 200 fatalities. The leading causes of motorcycle accidents are:
- Drivers making left turns: Left turns are a factor in more than 40 percent of motorcycle-automobile collisions.
- Lane-splitting: When you ride a motorcycle between lanes or attempt to maneuver between lanes in traffic, it’s dangerous, and a driver may genuinely not see you.
- Inexperience: Experienced motorcyclists know how to deal with traffic and road conditions, but that takes time. Avoid busier streets and highways if you’re inexperienced.
- Recklessness and negligence: The injuries that alcohol, speeding, or recklessness can cause in a motorcycle crash are likely to be severe or fatal.
- Road hazards: Motorcycles only have two wheels. Slick pavement, potholes, and debris pose serious safety threats.
Why “I Didn’t See You” Isn’t a Valid Defense
All drivers have an obligation to check mirrors, blind spots, and intersections before making maneuvers such as turning, changing lanes, or pulling into traffic. Failing to see a vehicle that was there constitutes a breach of this duty.
If a driver’s failure to see you caused a collision, the driver was likely negligent. Negligence is a failure to exercise the reasonable care that a prudent person would have exercised in comparable circumstances.
A driver saying “I didn’t see you” is common after motorcycle accidents, especially those involving left turns and lane changes, because a motorcycle’s smaller profile makes it less noticeable. The law generally holds that drivers must compensate for this visibility difference.
Take These Steps at the Accident Scene
The steps you take after a motorcycle accident are crucial. Taking the proper steps will put you in the best position to prevail with a personal injury claim:
- Call the police: A police report creates an official, unbiased record of the accident. Ensure the report accurately reflects the facts, including the driver’s statement that they didn’t see you.
- Seek medical attention: Get a medical evaluation immediately, even if you feel fine. Some serious injuries are not immediately apparent. Medical records are vital evidence.
- Take photos: Get pictures of the vehicles’ final positions, the damage to both the car and your motorcycle, skid marks, road signs, and the driver’s immediate surroundings (such as whether the driver’s view was obstructed).
- Speak with witnesses: Ask for the names and a way to contact anyone who witnessed the crash. Independent witness statements can be compelling in confirming a driver’s fault.
- Do not admit fault or apologize: Anything you say can be used against you later to reduce or deny your claim. Tell the police and your insurance company only the basic facts about what happened.
Handling the Insurance Companies after a Motorcycle Accident
Notify your own auto insurance company as soon as possible after a motorcycling accident.
A negligent driver’s car insurance company may try to suggest you were somehow at fault because you were speeding, in a blind spot, or you were riding your motorcycle recklessly. You are not obligated to give the other driver’s insurance company a written or recorded statement.
To recover compensation successfully, you and your Philadelphia motorcycle accident lawyer must prove the other driver was negligent. Evidence is key, including the police report, eyewitness accounts, and photos or video of the accident or accident scene.
When Should You Contact an Attorney?
Proving fault in a motorcycle accident isn’t easy, especially if the other driver denies seeing you. In such a case, you must be represented and advised by a Philadelphia motorcycle accident attorney.
Accident attorneys have experience gathering evidence and fighting the “I didn’t see him” defense. Your lawyer will fight to acquire compensation for your medical expenses, property damage, lost wages, and personal pain and suffering.
Your deadline for taking legal action after a motorcycle accident is two years in Pennsylvania, but don’t wait two years or even two weeks. Contact an attorney immediately after you receive medical treatment. Your attorney needs to examine evidence while it’s fresh and interrogate the witnesses before their recollections fade.
Will Your Case Go to Trial?
Most injury claims based on motorcycle accidents are settled when the lawyers for both sides meet outside the courtroom to negotiate a private settlement. In many cases, injured motorcyclists don’t even have to appear in court.
But if no reasonable settlement offer is forthcoming in out-of-court negotiations with the at-fault driver’s insurance company, or if liability for the motorcycle accident is in dispute, your Philadelphia accident lawyer will take your injury lawsuit to trial and explain to jurors how severely you’re injured and why you should recover compensation.
Let Messa Law Fight for You
The legal team at Messa Law has recovered substantial compensation for hundreds of clients. If a negligent driver injures you in a motorcycle accident or any other traffic accident scenario, we’ll make your case our priority.
You’ll owe Messa Law no lawyer’s fee upfront, and you’ll pay us only when we have recovered compensation on your behalf. Your first legal consultation with Messa Law is offered without cost or obligation.
We represent and advise clients in Pennsylvania, Virginia, New York, New Jersey, Georgia, Delaware, and Florida. After a motorcycle accident, if you’re injured and the other driver “didn’t see you,” call Messa Law immediately at 215-515-4213. Hablamos Español.
