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Motorcycle accidents often result in serious injuries like head injuries and severe fractures. In cases where a rider is seriously injured or killed, proper investigation into the cause of the accident may reveal that other parties in addition to the other driver are liable for the accident. Specifically, a bike rider who gets hit by another driver on the road may have additional claims against other parties in addition to the driver. Here are three additional claims which are commonly made in serious motorcycle accident cases in the Pennsylvania area.
1. Roadway Defect
Under Pennsylvania law, government agencies which own, operate or otherwise maintain a roadway may be liable for defects in the roadway, such as potholes, or other roadway conditions which contribute to a motorcycle accident. In addition, government agencies could be held liable for failure to provide a traffic control device or for defects in such devices. Under either the Pennsylvania Sovereign Immunity Act or the Pennsylvania Political Subdivision Tort Claims Act, the injured person must notify the appropriate government agency about the potential claim within 6 months of the accident. The notice requirement is mandatory and the notice must contain very specific information.
2. Product Liability Claims
Motorcycle manufacturers and distributors could be liable for a defective motorcycle. In order to succeed in a product liability claim, the injured rider must be able to show that the bike was manufactured defectively, designed defectively or there were inadequate warnings. In addition, motorcycle component part manufacturers and distributors, such as tire manufacturers or helmet manufacturers may also be held liable for product liability claims.
3. Negligent Care of Property
A property owner whose property abuts a roadway could be held liable for contributing to the accident. This includes business owners or individuals. Liability is usually based on some defect of the property which contributes to a risk of increased accidents on an abutting roadway. For example, a property owner who fails to trim bushes or trees which obstruct the view of drivers on the road could be liable for the accident. Similarly, business owners whose parking lot configuration contributes to dangerous hazards on an abutting roadway could face liability.
Each case is unique and having a qualified, experienced motorcycle accident lawyer investigate the case could make all the difference in a serious motorcycle accident case.
Pennsylvania Motorcycle Accident Lawyer
If you’d like a NO-COST review by our Pennsylvania and New Jersey motorcycle accident lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: May 21, 2012