As a motorcyclist, you’re probably aware of your vulnerability on the roads, particularly in the case of an accident. But this increases tenfold during the winter months. How can you protect yourself in the unfortunate case you’re involved in an accident, and why is it so important to get the help of an experienced motorcycle accident lawyer?
Winter Conditions and Motorcycles: A Deadly Match
Rain, snow, ice, sleet – these winter weather conditions make driving on our roads hazardous for any vehicle, especially for a motorcycle and rider. While lower temperatures make roads slick, particularly in shaded areas or on bridges where ice can form quickly, the cold can also physically affect the rider and the motorcycle itself, making it even more hazardous.
Cold Weather’s Effect on the Rider
Riding in icy weather can be risky business. Consider that at 65 degrees, the wind chill can turn a relatively mild 40 degrees into a bone-chilling 24 degrees. Cold temperatures reduce a rider’s dexterity and slow reaction times. Even with the appropriate gear to maintain body heat, the risk of hypothermia to a rider is very real. In addition to the risk of hypothermia, the simple discomfort from the cold can distract you from the focus you need to ride safely.
Hypothermia is when the core temperature of your body falls below 95 degrees. That doesn’t take much exposure in frigid weather. And even long before that, your ability to safely operate your bike is significantly impaired.
Be wary of these symptoms of impending hypothermia and pull over and seek emergency attention:
- An inability to stop shivering
- Difficulty taking deep breaths
- Losing fine motor control
- Stiffness in your hands and legs
- Tingling, itching, or burning
- Feeling numb and weak
- Becoming mentally confused and zoning out
- Hunched posture while riding
Cold Weather’s Effect on the Motorcycle
Frigid weather doesn’t only affect the rider but also the mechanics of the motorcycle itself.
Cold tires don’t have the same traction as warm tires. That lack of traction on wet or icy roads can be deadly. Even with snow tires on your bike, decreased handling and tracking can increase your risk of sliding out on slippery roads. Battery performance declines, fuel and oil viscosity increases, and it takes longer to start the motor. If you’re forced off the bike and become stranded, you’re out there without cover.
Other Risks of Riding in Winter Weather
Other risks of riding in winter weather in Pennsylvania can include:
- Extreme wind chill – it’s not just the temperature but the wind chill considering your speed.
- Sudden changes in weather conditions – The weather might be fine when you start out, but weather patterns can change quickly.
- Reduced visibility – Snow can cause you to become snow-blind and force you off the road. Snowfall will also prevent others from seeing you.
You may be an experienced rider, but winter weather creates a whole new level of vulnerability for a simple winter ride. Consider all the things that might go wrong and prepare yourself.
Who is at Fault in an Accident Can Have Grave Consequences
Because of the added exposure of a rider, 80 percent of the time, a motorcycle accident will result in serious injuries or fatality, even in the best of weather. However, motorcycle insurance policies are not required to provide medical coverage for riders.
Although Pennsylvania insurance laws allow drivers of 4-wheel vehicles to choose no-tort options for their coverage, these laws also allow motorcycle riders to pursue lawsuits against another at-fault driver to seek compensation for injuries and other damages regardless of coverage. The caveat? You must prove the other driver was at fault for the accident.
The Difficulty of Proving Fault in a Motorcycle Accident
Winter weather will be considered when determining fault in an accident. Especially in weather-related accidents, motorcycle wrecks can be caused by many factors, often involving multiple drivers. Consequently, proving who was at fault can be tricky.
In addition, Pennsylvania uses comparative negligence rules when deciding how much financial compensation you’ll be entitled to as an injured rider. If you are found to be any percent at fault for the accident, your recovery will be reduced by that percentage.
Unfortunately, the stereotype of the thrill-seeking motorcyclist persists, not only among other drivers but also in the insurance industry. This stereotype is only one of the hurdles you’ll face as an injured rider.
Handling Insurance After a Motorcycle Accident
When you’ve been injured by another driver, your best bet is not to speak with an insurance company until after you’ve consulted with a motorcycle accident lawyer. Experienced motorcycle accident attorneys understand tactics used by insurance companies to mitigate their financial exposure. They also appreciate how stereotypes can influence the perceptions of those making decisions about your case.
A skilled motorcycle accident lawyer will review the evidence, police reports, medical reports about your motorcycle accident injuries, and eyewitness statements to determine if there is sufficient evidence to prove that the other driver was at fault or if you may be found to share some of the fault for the accident. Your lawyer will handle the insurance claim paperwork and negotiate the best possible insurance settlement, given the evidence. If a fair settlement isn’t possible through negotiations, your attorney will take the matter to court to fight for the compensation you deserve.
If you have suffered serious injuries after a motorcycle accident, the last thing you are prepared to do is fight the insurance company to get fairly compensated. And they know this. This is why it is so important to have a legal advocate in your corner who knows what you are truly entitled to and will fight for it.
At Silver & Silver, we have spent over 40 years representing victims of motorcycle wrecks to ensure they are fairly treated. Our motorcycle accident lawyers understand how insurance companies avoid paying injured riders. Let us handle your injury claim while you heal. Contact us for a free consultation at (610) 638-7255 or fill out our online contact form to learn more. You shouldn’t have to fight for the compensation you deserve.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
