Can I File a Claim if the Motorcycle Accident Was Partly My Fault?

Yes, you can still file a claim and recover needed financial compensation if you’re partially at fault for a Lancaster motorcycle accident. Pennsylvania law allows motorcycle accident victims to file insurance claims for compensation if they are less than 51% at fault for the crash.

Partial fault is common in most motor vehicle crash cases, and it might not significantly impact your right to obtain valuable insurance settlements. Schedule a free and confidential case evaluation with the Lancaster motorcycle accident lawyers at the Cycle Attorney.

Understanding Pennsylvania Partial Fault Law

Pennsylvania law permits motor vehicle accident victims, including riders, to demand compensation from the other driver’s insurance company if the motorcyclist was less than 51% at fault. This generally means you’re not more at fault for the accident than the other party.

However, insurance fault determinations are highly subjective. The negligent driver’s auto insurance company knows how this legal threshold works and will fight to hold riders to a higher – and disqualifying – level of fault. If you were partly responsible for a Lancaster motorcycle crash, you need an experienced motorcycle accident attorney to help you file detailed insurance claims.

Challenging Insurance Fault Determinations After Lancaster Motorcycle Collisions

The liable driver’s insurance company does not have the final say on fault. The adjuster’s determination is not legally binding, and a passionate biker’s advocate can challenge high fault findings in court. Judges may overrule the initial percentage of fault assigned, entitling you to partial financial compensation for serious motorcycle accident injuries.

An experienced PA personal injury lawyer might fight to reduce your overall assignment of fault – increasing your financial damages – by submitting accident evidence, including the police report, video footage, photographs, witness testimony, and expert reports.

How Partial Fault Impacts Personal Injury Damages After PA Motorcycle Accidents

If you’re partially at fault for a motorcycle crash in Lancaster, you might still recover financial damages in proportion to your level of assigned fault under 42 Pa. C.S.A. § 7102. An attorney will first calculate your overall case value, which may legally include compensation demands for the following:

• Past and future medical expenses
• Lost wages and business income
• Value of lost workplace benefits (health insurance and 401(k) contributions)
• Physical pain
• Emotional suffering
• Inconvenience
• Frustration
• Lost enjoyment of life
• Motorcycle damage

The overall value of your claim is then reduced by your percentage of fault. When calculated over the course of your work life, including all high-value medical expenses, you might still recover significant compensation after Lancaster motorcycle accidents even if you’re a little at fault.

Dedicated Motorcycle Crash Lawyers in Lancaster, PA

At the Cycle Attorney, our experienced motorcycle accident professionals know your rights under Pennsylvania’s partial fault system. We might help injured riders recover significant financial damages even if they were partly at fault for the collisions.

Shared liability is not uncommon in motor vehicle accident cases, and you might still file an insurance claim with a motorcycle lawyer’s help. Contact our motorcycle injury attorneys online, or at (888) 292-5352 (888-CYCLE-LAW) to schedule a free case evaluation.