Personal Injury · Motorcycle Accidents
Motorcycle Accident Lawyer in Pittsburgh, PA
Motorcycle accident claims are evaluated differently from the outset. The injuries are often more severe, the insurance structure is different, and the assumptions adjusters and defense attorneys make about rider fault create dynamics that do not exist in standard car accident cases. Lebovitz & Lebovitz, P.A. represents injured motorcyclists in Pittsburgh, Allegheny County, and throughout southwestern Pennsylvania.
The difference is not just severity. It is how the claim is investigated, how liability is contested, how insurance coverage applies, and how assumptions about rider behavior affect every stage of the process. Understanding these differences before engaging with the insurance company is what separates claims that are handled correctly from those that are undervalued from the start.
Lebovitz & Lebovitz, P.A. · A Pittsburgh Law Firm With Roots to 1933. Serving Allegheny County and southwestern Pennsylvania.
Insurance companies often begin evaluating fault immediately after a motorcycle accident, sometimes before the rider has fully understood the extent of their injuries.
Call 412-351-4422 or contact our office to discuss your case before giving a recorded statement or accepting any offer.
Why Motorcycle Accident Cases Are Different
Motorcyclists have no structural protection. There is no frame, no airbag, no crumple zone. When a collision occurs, the rider absorbs the impact directly. This means motorcycle accidents produce disproportionately severe injuries: traumatic brain injuries, spinal cord damage, multiple fractures, road rash requiring surgical intervention, and amputations. The severity of injury drives the medical costs, the recovery timeline, and the overall value of the claim. For injuries involving permanent disability or loss of function, see our catastrophic injury page.
Motorcycle insurance operates differently from standard auto policies. Riders are not limited by Pennsylvania’s limited tort election in the same way as passenger vehicle claims, and non-economic damages are typically not subject to the same threshold requirements. The coverage available, including the rider’s own policy limits and any underinsured motorist coverage, must be identified early because the at-fault driver’s policy is frequently insufficient to cover the full scope of damages in a serious motorcycle case.
Investigation timing matters more in motorcycle cases because the physical evidence is different. A motorcycle leaves less debris, fewer skid marks, and a smaller impact footprint than a car. Road surface conditions, sight lines, and vehicle positioning at the time of impact must be documented before the scene changes. Accident reconstruction, when warranted, depends on evidence that exists for days, not months.
Common Causes of Motorcycle Accidents
The most common cause of serious motorcycle accidents is a driver who fails to see the motorcycle. Left-turn collisions, where a driver turns across the path of an oncoming motorcycle, account for a significant percentage of motorcycle fatalities and catastrophic injuries. The driver often reports that they looked but did not see the motorcycle, a visibility failure that does not eliminate liability.
Lane-change and merge failures occur when a driver changes lanes without checking blind spots or fails to yield when merging. Following too closely is particularly dangerous when the vehicle ahead is following a motorcycle, because motorcycles stop faster than cars and the following driver may not anticipate the stopping distance. Door strikes in urban areas, where a parked driver opens a door into a cyclist’s path, cause serious injuries at relatively low speeds.
Road hazards that a car would absorb without consequence can cause a motorcycle to lose control: potholes, loose gravel, uneven pavement, metal plates, drainage grates, and debris. When a road defect contributes to a motorcycle accident, the municipality or entity responsible for maintaining the road may be liable in addition to or instead of another driver.
Liability in Motorcycle Accident Cases
Most motorcycle accident claims are based on driver negligence: failure to yield, distracted driving, impaired driving, or violation of traffic laws. The liability analysis follows the same framework as other motor vehicle cases, but the defense strategy is different. Insurance companies and defense attorneys routinely argue that the motorcyclist was speeding, riding aggressively, or positioned improperly in the lane. These arguments are raised routinely, regardless of the strength of the supporting evidence, because they shift attention from the driver’s conduct to the rider’s.
When a road defect contributes to the accident, the municipality or government entity responsible for maintaining the road may be liable. Pennsylvania’s sovereign immunity statute limits claims against government entities, but exceptions exist for dangerous conditions of roads and sidewalks. These claims have short notice requirements and specific procedural rules that must be followed precisely.
Product liability claims may arise when a defective motorcycle component, tire, or piece of safety equipment contributed to the crash or the severity of the injuries. In these cases, the manufacturer, distributor, or retailer may be liable. Preserving the motorcycle and the equipment involved is essential for any potential product liability claim.
Pennsylvania Helmet Law and Insurance
Pennsylvania requires helmets for motorcycle riders under 21 and for riders who have held a motorcycle license or permit for less than two years, under 75 Pa.C.S. § 3525. Riders over 21 with at least two years of licensure are not required by law to wear a helmet. However, the absence of a helmet in an accident may be raised as a comparative negligence argument to reduce damages, particularly when head injuries are involved.
Motorcycle insurance is separate from standard auto insurance. The tort election system that applies to passenger vehicles, requiring a choice between limited and full tort coverage, does not apply to motorcycle policies in the same way. Non-economic damages, including pain and suffering, are generally available to injured motorcyclists without meeting the serious injury threshold that restricts limited tort auto claims. The specific coverage available depends on the rider’s policy, the at-fault driver’s policy, and any applicable underinsured motorist coverage.
Damages and Case Value
Motorcycle accident injuries frequently produce substantial damage calculations because of the severity of the injuries involved. Medical expenses, including emergency treatment, surgery, rehabilitation, and long-term care, often reach six figures or more in serious cases. Lost wages and diminished earning capacity add measurable economic value. Pain and suffering, permanent disfigurement, and loss of function are compensable without the tort election restrictions that apply to many car accident claims.
The value of a motorcycle accident case depends on the same core factors that drive all personal injury case value: severity and permanence of injury, quality of medical documentation, liability clarity, and available insurance coverage. The difference is that motorcycle cases more frequently involve the upper end of these factors because of the nature of the injuries and the coverage dynamics involved.
Comparative Negligence in Motorcycle Cases
Pennsylvania’s modified comparative negligence rule applies to motorcycle accident cases. If the rider is found to be partially at fault, recovery is reduced by the rider’s percentage of fault. If the rider’s fault exceeds 50 percent, recovery is barred entirely. Insurance companies argue rider fault aggressively in motorcycle cases, citing speed, lane positioning, lack of protective gear, or riding experience.
Addressing these arguments requires early evidence preservation, thorough documentation of the accident scene, and, when warranted, accident reconstruction by a qualified expert. The goal is to establish the driver’s fault with evidence strong enough to withstand the bias arguments that are predictable in motorcycle litigation.
What to Do After a Motorcycle Accident
Preserve the motorcycle. Do not repair it, do not dispose of it, and do not allow the insurance company to take possession of it without legal guidance. The motorcycle and any safety equipment involved may be evidence in a product liability or defective equipment claim.
Document injuries and road conditions with photographs before they change. Seek medical attention immediately, even if injuries appear manageable at the scene. Many motorcycle injuries, including internal injuries and traumatic brain injuries, do not produce obvious symptoms in the first hours after a collision.
Do not give a recorded statement to the other driver’s insurance company before consulting with an attorney. Statements made in the immediate aftermath of an accident are routinely used to argue rider fault or to minimize the severity of the claim. For a detailed guide on post-accident steps, see our page on what to do after an accident in Pennsylvania.
Frequently Asked Questions About Motorcycle Accident Claims in Pennsylvania
How are motorcycle accident cases different from car accident cases?
Motorcycle cases involve different insurance structures, different severity profiles, and different assumptions about fault. Riders have no structural protection, injuries are typically more severe, and insurance companies routinely argue rider fault as a defense strategy. The liability framework is the same, but the dynamics of investigation, evidence preservation, and claims handling are distinct.
Does Pennsylvania require motorcycle helmets?
Pennsylvania requires helmets for riders under 21 and for riders who have held a motorcycle license or permit for less than two years. Riders over 21 with sufficient licensure are not required to wear a helmet, but the absence of a helmet may be used as a comparative negligence argument to reduce damages in an injury claim.
Can the insurance company reduce my claim if I was not wearing a helmet?
If you were not legally required to wear a helmet, the insurance company may still argue that the absence of a helmet contributed to the severity of your head injuries. Whether this argument succeeds depends on the specific facts, including the nature of the injuries and the causal connection between the lack of a helmet and the harm. An attorney can evaluate whether this argument has merit in your case.
What damages can I recover after a motorcycle accident?
Recoverable damages include medical expenses, lost wages, diminished earning capacity, pain and suffering, permanent disfigurement, and loss of function. Non-economic damages are generally available to injured motorcyclists without the tort election restrictions that apply to many car accident claims. The value depends on the severity of the injury, the quality of documentation, and the available coverage.
When should I contact a lawyer after a motorcycle accident?
As early as possible. Evidence in motorcycle cases is time-sensitive, insurance companies begin their evaluation immediately, and recorded statements given before consulting an attorney can be used to reduce or deny the claim. An attorney can preserve evidence, manage communications with the insurer, and evaluate the claim before critical decisions are made.
How much does a motorcycle accident lawyer cost?
Motorcycle accident cases are handled on a contingency fee basis. The attorney’s fee is a percentage of the recovery, and no fee is owed if the case is unsuccessful. There is no upfront cost. For a full explanation, see our page on how personal injury lawyers are paid in Pennsylvania.
This page covers motorcycle accident claims in Pittsburgh and western Pennsylvania. For car accident claims, see car accident representation. For how fault affects recovery, see Pennsylvania’s comparative fault rules. For the full personal injury practice, see personal injury in Pittsburgh.