Were you involved in a motorcycle accident in Stroudsburg, Pennsylvania? Call Fellerman & Ciarimboli, Law PC for a free consultation at (570) 539-7860. Our experienced Stroudsburg motorcycle accident lawyers can help you pursue compensation for your medical bills, pain and suffering, and more.
With over 100 years of combined experience and more than $500 million secured for our clients to date, few firms in the area can match our track record of results. We’re passionate about representing motorcycle riders in our local community and are ready to get to work on your case right away.
Why Choose Fellerman & Ciarimboli, Law PC for Help After a Motorcycle Accident in Stroudsburg, PA?
Fellerman & Ciarimboli, Law PC is widely respected in the Pennsylvania legal community and has a longstanding track record of success that you can trust. Our Stroudsburg personal injury lawyers have earned recognition from the National Trial Lawyers, Super Lawyers, and the Multi-Million Dollar Advocates Forum, among other local and national organizations.
A few reasons to consider hiring our trial lawyers for your motorcycle accident claim include:
- We have more than a century of combined experience handling personal injury cases
- Our results include recoveries in the seven and eight-figure range for accident victims
- We have relationships with top-rated expert witnesses we can utilize to strengthen your claim
- We will prepare your case as though it may go to trial and will take your claim to local courts in Monroe County court, if necessary
- We’ll work hard to ensure all of your damages are properly accounted for, aiming to obtain maximum compensation for your case
Contact our motorcycle accident lawyers in Stroudsburg, PA, today to schedule your free consultation. We can answer all of your questions at that time as well as offer some initial legal guidance.
How Much Is My Stroudsburg Motorcycle Accident Claim Worth?
While motorcycle accident cases involving the most serious injuries are typically worth the most, that’s just one piece of the picture.
Several other factors play a role in what your case is ultimately worth, such as:
- The severity of your injuries and your expected recovery
- Whether you’ll need long-term medical care and rehabilitation
- How much time you’ve missed from work
- The available insurance coverage and policy limits
- Whether you share any responsibility for the crash
- The strength of the evidence supporting your case
- Whether helmet use is likely to become an issue
Having a qualified motorcycle accident attorney in Stroudsburg on your side can also influence the outcome by enabling more effective settlement negotiations and better use of experts, among other actions.
How Do Insurance Claims Work in Pennsylvania Motorcycle Accident Cases?
Motorcycle accident claims in Pennsylvania follow different insurance rules than standard car crashes. The state uses a “choice no-fault” system for automobiles, which means car owners must choose between limited tort and full tort coverage. That system, however, doesn’t apply to motorcycles.
Under Pennsylvania law, motorcycles are excluded from the no-fault insurance framework entirely. That’s actually an advantage for injured riders in that it means you automatically hold full tort rights after a crash. You can pursue compensation for things like pain and suffering without having to meet the “serious injury” threshold that limits many car accident victims who carry limited tort coverage.
Because motorcycles are outside the no-fault system, your claim will be handled through the at-fault driver’s liability policy rather than through your own PIP coverage. If the driver who hit you was uninsured or underinsured, however, your own UM/UIM coverage may apply instead.
Our motorcycle accident lawyers can review the specific facts of your accident and identify every available source of compensation on your behalf from there.
What Kinds of Damages Are Available to Motorcycle Accident Victims in Pennsylvania?
Pennsylvania law allows you to pursue both economic and non-economic damages to address the losses you’ve sustained due to your motorcycle accident.
Economic damages cover your financial costs, such as:
- Medical bills, both current and future
- Rehabilitative care
- Lost wages
- Diminished earning capacity
- Property damage
- Other out-of-pocket expenses
Non-economic damages account for the less measurable harm you’ve experienced, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Conditions like PTSD and anxiety
Punitive damages may also be available in rare cases that go to trial. These are designed to punish the at-fault party for especially outrageous behavior, but they require a higher standard of proof and are not guaranteed.
How Much Does It Cost to Hire a Motorcycle Accident Lawyer in Stroudsburg, PA?
Most motorcycle accident lawyers in Stroudsburg work on a contingency fee basis. This means that instead of paying us upfront, we only receive attorney’s fees once our work on your case is complete and we win compensation for you.
This arrangement means you can hire a top-rated attorney regardless of your current financial situation. It also means we have every incentive to fight for the highest possible financial recovery we can for your claim.
What Is Negligence, and How Do I Prove It in a Stroudsburg Motorcycle Accident Case?
To recover compensation after a motorcycle accident in Pennsylvania, you will generally need to prove that someone else’s negligence caused your injuries. Negligence is a legal term that means a person failed to act with the level of care that a reasonable person would use in the same situation.
Proving negligence in a motorcycle accident case comes down to four elements:
- Duty of care: The other party owed you a legal duty to act safely. Every driver on the road has a duty to follow traffic laws and operate their vehicle responsibly.
- Breach of duty: The other party failed to meet that standard. Running a red light is an example of a likely breach of duty.
- Causation: The breach directly caused your accident and injuries and was also the proximate cause.
- Damages: You suffered real, measurable losses as a result of the defendant’s breach of duty.
Building a successful negligence case takes solid evidence, such as eyewitness testimony, expert analysis, photos and videos, and more. In motorcycle accident cases specifically, accident reconstruction experts are often brought in to show exactly how the crash occurred and who was at fault.
Can I Recover Compensation if I’m Being Blamed for a Motorcycle Accident in Pennsylvania?
Insurance companies love to shift blame onto motorcyclists. Pennsylvania follows a modified comparative negligence system. Under this law, you can still recover compensation as long as you are not more than 50% responsible for the accident.
However, your damages will be reduced by whatever percentage of fault is assigned to you. For example, if you’re found 20% at fault and your total damages are $200,000, your recovery would be reduced to $160,000.
Helmet use is another area where insurers try to gain leverage. While Pennsylvania exempts riders over 21 who meet certain experience requirements from wearing a helmet, insurance companies may still argue that going without one made your head injuries worse. This argument doesn’t eliminate your claim, but it can affect how your damages are calculated.
Common Causes of Motorcycle Accidents in Stroudsburg, PA
Motorcycle crashes in the Stroudsburg area happen for many of the same reasons motor vehicle accidents do everywhere else, but the region’s winding Pocono Mountain roads and heavy tourist traffic can add extra risk.
Some of the most common causes of motorcycle accidents include:
- Distracted driving
- Speeding
- Failure to yield the right of way
- Left-turn collisions at intersections
- Aggressive driving
- Impaired driving
- Unsafe lane changes
- Poor road conditions
- Limited visibility
- Defective vehicle parts
Our personal injury attorneys may be able to help regardless of what exactly caused your crash. Learn more by reaching out to us for a free consultation today.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Pennsylvania?
Pennsylvania’s statute of limitations gives you two years from the date of your accident to file a personal injury lawsuit. If you don’t take action within that window, you could permanently lose your right to seek compensation.
Exceptions to this deadline do exist, but they’re limited. Minors may have additional time, for instance, while the time limit may be shorter when a government entity is involved in the collision.
The safest approach is to contact our motorcycle accident lawyers as soon as possible after your crash. We can make sure all deadlines are met and that your claim stays on track.
Contact Our Stroudsburg Motorcycle Accident Attorneys to Schedule a Free Consultation
Were you involved in a motorcycle accident in Stroudsburg, Pennsylvania? You may have the right to pursue significant compensation from the responsible party. Fellerman & Ciarimboli, Law PC can handle your claim from start to finish while you focus on getting better.
Our Stroudsburg motorcycle accident lawyers are among the most experienced in the state, with over 100 years of combined experience and more than $500 million recovered for our clients. Contact our offices today to schedule your free case review.