Motorcycle accident
Motorcycle Accident Attorneys in Philadelphia, Pennsylvania
The firms in this guide
1. Stampone O’Brien Dilsheimer Holloway
Practice Focus: Motorcycle accidents, automobile accidents, truck accidents, pedestrian accidents, wrongful death, traumatic brain injuries, catastrophic injuries
Case Types Handled: Motorcycle collisions, left-turn accidents, rear-end collisions, head-on collisions, accidents caused by distracted drivers, accidents caused by drunk drivers, accidents involving multiple liable parties
Legal Services: Accident investigation, evidence preservation, liability identification, insurance claim negotiation, litigation, trial representation, settlement negotiations, expert witness consultation
Background: Joe Stampone leads the firm with deep understanding of Pennsylvania’s specific laws as they apply to motorcycle accident claims. The firm has experience standing up to insurance companies and holding responsible parties accountable. Serves clients in Philadelphia and throughout Pennsylvania.
Location: Philadelphia, PA
Contact: https://stamponelaw.com/motorcycle-accidents/
Consultation: Free consultation available, contingency fee arrangement (no upfront fees, payment only if case is won or settled)
2. The Villari Firm, PLLC
Practice Focus: Motorcycle accidents, automobile accidents, truck accidents, pedestrian accidents, wrongful death, personal injury
Case Types Handled: Motorcycle collisions, accidents where insurance companies attempt to blame the rider, accidents involving undervalued claims, claims that have been delayed or denied
Legal Services: Accident investigation, evidence gathering, negligence analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, jury award recovery
Background: Heidi G. Villari has more than 20 years of legal experience dedicated exclusively to representing plaintiffs in personal injury actions. Recovered over $125 million for clients. Fights for injured motorcycle riders across Philadelphia and surrounding areas.
Location: Philadelphia, PA
Contact: (215) 372-8889 | https://www.thevillarifirm.com/philadelphia-motorcycle-accident-lawyer/
Consultation: Free case evaluation available
3. Cohen, Placitella & Roth, P.C.
Practice Focus: Motorcycle accidents, automobile accidents, truck accidents, wrongful death, traumatic brain injuries, catastrophic injuries
Case Types Handled: Motorcycle collisions, accidents resulting in serious injuries including broken bones and traumatic brain injuries, accidents requiring complex investigation
Legal Services: Accident investigation, evidence handling, accident reconstruction, expert witness consultation, insurance claim negotiation, litigation, trial representation
Background: Working with motorcycle accident victims in Pennsylvania, New Jersey, and nationwide for more than four decades. Extensive resources for conducting thorough investigations. The firm has achieved substantial settlements for motorcycle accident lawsuits.
Location: Philadelphia, PA (also serves New Jersey and nationwide)
Contact: https://cprlaw.com/practice-areas/motorcycle-accident/
Consultation: Free case evaluation available
4. Rosen Justice Injury Lawyers
Practice Focus: Motorcycle accidents, automobile accidents, truck accidents, pedestrian accidents, wrongful death, catastrophic injuries
Case Types Handled: Motorcycle collisions, left-turn accidents, distracted driving accidents, drunk driving accidents, rear-end collisions, accidents resulting in severe injuries
Legal Services: Accident investigation, evidence gathering, negligence analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations
Background: Over 75 years of combined experience representing injured clients across Philadelphia and surrounding areas. Led by seasoned trial attorneys with passion for helping those in need. Award-winning attorneys.
Location: Philadelphia, PA
Contact: (215) 999-2244 | https://rosenjustice.com/practice-areas/motorcycle-accident-attorneys-philadelphia/
Consultation: Free consultation available
5. Mincey Fitzpatrick Ross, LLC
Practice Focus: Motorcycle accidents, automobile accidents, truck accidents, product liability (defective motorcycles), wrongful death, catastrophic injuries
Case Types Handled: Motorcycle collisions, accidents caused by negligent drivers, accidents involving mechanical failures, accidents caused by design defects, multi-party liability cases
Legal Services: Accident investigation, liability allocation, manufacturer defect analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations
Background: Over 100 years of combined experience among attorneys. Handles both claims against negligent drivers and product liability claims against manufacturers. Comprehensive approach to motorcycle accident claims.
Location: Philadelphia, PA
Contact: (215) 550-1999 | https://www.minceyfitzross.com/personal-injury/motorcycle-accidents/
Consultation: Free consultation available
Pennsylvania Helmet, Insurance and Fault Rules for Philadelphia Riders
Pennsylvania treats a motorcycle differently from a car in two places that matter after a crash in Philadelphia: who must wear a helmet, and which parts of the auto insurance law reach a rider at all.
Who Must Wear a Helmet
According to the Pennsylvania Department of Transportation’s helmet law FAQ, anyone who operates or rides a motorcycle, including an autocycle, must wear protective headgear unless the person is 21 or older and has either two years of riding experience or has completed a motorcycle safety course approved by PennDOT or the Motorcycle Safety Foundation. The operator or an occupant of a three-wheeled motorcycle or autocycle with an enclosed cab is exempt.
The $5,000 Medical Benefit Leaves Out Motorcycles
75 Pa.C.S. § 1711(a) requires liability policies on vehicles registered in Pennsylvania to include a $5,000 medical benefit, but it excepts “recreational vehicles not intended for highway use, motorcycles, motor-driven cycles or motorized pedalcycles or like type vehicles.” A rider cannot assume the medical benefit that comes with a car policy applies to a motorcycle policy.
Limited Tort and Riders
The limited tort election in 75 Pa.C.S. § 1705 is tied to private passenger motor vehicle policies, and § 1702 defines a private passenger motor vehicle as a four-wheel motor vehicle. Under § 1705(b)(3), a person who does not own a currently registered private passenger motor vehicle and is not an insured under any private passenger motor vehicle policy is not barred from suing for noneconomic loss. Section 1705(d)(3) also keeps full tort rights for a limited tort insured injured “while an occupant of a motor vehicle other than a private passenger motor vehicle.”
Two-Year Deadline and Shared Fault
42 Pa.C.S. § 5524(2) requires a negligence action for injury or death to be commenced within two years. Under § 7102(a), a rider’s own negligence does not bar recovery if it was not greater than the causal negligence of the defendants sued, and damages are reduced by the rider’s share. For example, imagine a rider with $60,000 in damages who is found 30 percent at fault: the recovery would be $42,000.
Philadelphia Motorcycle Accident Questions
Does the helmet rule apply to a passenger?
Yes. PennDOT’s FAQ applies the requirement to any person who “operates or rides” a motorcycle, so a passenger under 21, or a passenger 21 or older without the riding experience or approved course, must wear protective headgear.
Does riding without a helmet end a claim against the driver who caused the crash?
No, not under § 7102 by itself. Nothing in § 7102 makes helmet use a condition of recovery; that statute reduces damages by the negligence attributed to the injured person. Ask counsel whether Pennsylvania courts would let the defense raise the absence of a helmet in your case.
Two drivers caused the crash. Can one of them be made to pay everything?
No, except in listed situations. 42 Pa.C.S. § 7102(a.1) makes each defendant liable for its own proportion of the damages, but a defendant held liable for not less than 60 percent of the total, or liable for an intentional tort or intentional misrepresentation, is jointly and severally liable for the whole award and may seek contribution from the others.
Is there an earlier deadline if a city vehicle hit me?
Yes. Before suing a government unit, 42 Pa.C.S. § 5522 requires a signed written statement to be filed in its office within six months after the injury, with the claimant’s and injured person’s names and addresses, the date, hour and approximate location of the accident and the name and address of any attending physician.