Losing someone in a motorcycle crash is sudden and devastating. On top of the grief, families are often left with funeral costs, medical bills and the loss of a paycheck the household depended on. If another driver, a company or a government agency caused the crash, Pennsylvania law lets the family hold them responsible.
Our wrongful death lawyers help families across Pennsylvania after fatal motorcycle accidents. We investigate what happened, deal with the insurance companies and pursue the full compensation the law allows, so the family can focus on each other.
What Families Can Recover After a Fatal Motorcycle Crash
Pennsylvania allows two kinds of claims after a deadly crash, and they are usually brought together.
Wrongful death claim
A wrongful death claim (42 Pa.C.S. § 8301) compensates the family for their own losses, such as:
- Funeral and burial costs
- Medical bills from the crash
- Estate administration costs
- The financial support the person would have provided
- The loss of their services, guidance, companionship and care
Survival action
A survival action (42 Pa.C.S. § 8302) is brought on behalf of the person who died. It can recover their pain and suffering before death and the income they would have earned over their lifetime, minus what they would have spent on themselves.
Who Can File the Claim?
In Pennsylvania, these claims are filed by the personal representative of the estate, usually the executor named in a will or an administrator appointed by the Register of Wills in the county where the person lived. The money from a wrongful death claim goes to the surviving spouse, children or parents. If the personal representative doesn’t file within six months of the death, a family member who is entitled to recover can bring the claim for everyone.
We can help the family open the estate if that hasn’t been done yet.
How Fatal Motorcycle Crashes Happen
Riders are far more exposed than people in cars, so crashes that would be minor for a car can be deadly on a motorcycle. Common causes include:
- A driver turning left in front of the rider at an intersection
- A driver changing lanes or merging without seeing the motorcycle
- Rear-end crashes by drivers following too closely
- Distracted, drowsy or impaired drivers
- Car doors opened into the rider’s path
- Potholes, gravel, uneven pavement or missing signs
- Defective tires, brakes or other parts
When a road defect or a government vehicle is involved, there are special rules, including a written notice that generally must be given within six months. When a part failed, the manufacturer may also be responsible under Pennsylvania product liability law.
Proving Who Was at Fault
Insurance companies often blame the rider, especially when the rider can’t tell their side. That makes early, careful investigation important. Evidence in a fatal motorcycle crash can include:
- The police crash report and any collision reconstruction
- Photos and video from the scene, nearby businesses, dashcams and phones
- Witness statements
- The motorcycle, the other vehicle and their electronic data
- Phone records if distracted driving is suspected
- Road and maintenance records
Some of this evidence can be lost or repaired within days, so it’s best to talk to a lawyer as soon as the family is able.
Helmets and Shared Fault
Pennsylvania lets riders 21 and older go without a helmet if they have two years of riding experience or have completed an approved safety course. Not wearing a helmet does not automatically end a family’s claim, though the insurance company may argue about it.
Under Pennsylvania’s comparative negligence law (42 Pa.C.S. § 7102), a claim can still succeed as long as the rider was not more at fault than the people being sued. Any compensation is reduced by the rider’s share of the fault.
Insurance That May Apply
Several policies may cover a fatal motorcycle crash, including:
- The at-fault driver’s liability insurance
- Uninsured or underinsured motorist coverage, if the at-fault driver had little or no insurance
- Policies held by an employer, if the at-fault driver was working
- A manufacturer’s or business’s insurance, if a defective part or unsafe property played a role
Finding every policy matters, because one policy is often not enough to cover the family’s losses.
Deadlines
Wrongful death and survival claims in Pennsylvania generally must be filed within two years of the date of death (42 Pa.C.S. § 5524). Claims involving a government agency have a much shorter notice deadline. A criminal case against the driver does not stop this clock, so families shouldn’t wait for it to finish.
Fatal Motorcycle Accident FAQs
Can we file a claim if the other driver was charged with a crime?
Yes. A criminal case and a civil claim are separate. The family can pursue compensation whether or not the driver is charged or convicted.
What if my loved one wasn’t wearing a helmet?
The family may still have a claim. The insurance company may argue it affected the injuries, but it does not automatically bar recovery.
Who receives the money from a wrongful death claim?
Generally the surviving spouse, children or parents, in the shares set by Pennsylvania law. Money from a survival action goes to the estate.
Should we talk to the insurance company?
It’s best to speak with a lawyer first. Insurers may ask for recorded statements or offer a quick settlement before the full losses are known.
How much does it cost to hire your firm?
Nothing up front. We handle wrongful death cases on a contingency fee, so the family pays no attorney fee unless we recover money.
Talk to a Pennsylvania Fatal Motorcycle Accident Lawyer
If you lost a loved one in a motorcycle crash, we are here to listen and explain your family’s options. Consultations are free, and we can meet you at home or wherever is easiest. Contact Ostroff Godshall Injury and Accident Lawyers to talk with our team.
We also help families in specific areas, including Allentown, Bethlehem, Norristown, York and Blue Bell.
