Johnstown
Motorcycle Accident Lawyer

On This Page

1. Compensatory Damages You Could Recover in a Johnstown Motorcycle Accident
2. Proving Negligence in a Johnstown Motorcycle Accident Case
3. Statute of Limitations for Personal Injury Cases in Johnstown
4. Injuries You Could Sustain in a Motorcycle Accident in Johnstown
5. What to Do After a Motorcycle Accident in Johnstown, PA
6. Call a Berger and Green Team Member Today 

REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

Motorcycle riders know they take certain risks on the road every time they ride. But if a negligent or reckless driver caused your motorcycle accident in Johnstown, Pennsylvania, you may be able to hold them accountable in an injury claim or lawsuit. A Johnstown motorcycle accident lawyer at Berger and Green can investigate the details of your case, gather evidence, determine liability, and hold the at-fault or liable party to account.

You should not have to suffer the physical, emotional, and financial burden of a motorcycle accident on your own. The first step is to identify the responsible party and hold them legally accountable for your injuries and losses. Our personal injury law firm is here to help you do that during this difficult time.

Compensatory Damages You Could Recover in a Johnstown Motorcycle Accident

You could recover two types of damages in a successful insurance claim or personal injury lawsuit: economic and non-economic damages.

Economic damages are the financial losses you are facing due to the motorcycle accident. They may include: 

• Current and future medical expenses: These include the medical costs you incurred right after the accident (e.g., ambulance transport, hospitalization, surgeries, medical assistive devices, prescription medications). In addition, you could receive a payout for medical costs you may need for the future (e.g., rehabilitation, physical therapy, nursing services).
• Lost income: This includes the time you missed from work due to your accident-related injuries (e.g., doctor’s appointments).
• Lost earning capacity: This would cover the amount you would have earned had you not been injured in the motorcycle crash (e.g., bonuses, promotions, no longer able to perform current job duties).
• Property damage: This includes the cost of repairing or replacing your motorcycle and any other personal property damaged in the crash.

Non-economic damages are the less-tangible losses you suffered from the accident. They are challenging to quantify because they have no fixed dollar amount. They could include:

• Pain and suffering: You may encounter pain every day after the accident that now prevents you from driving to work or picking your children up from school.
• Emotional anguish: Not being able to perform these daily activities may take a toll on your mental state and may even require psychological counseling.
• Disfigurement or scarring: Your appearance may be permanently changed or altered following the accident.
• Loss of enjoyment of activities: You may no longer be able to exercise at the gym or play tennis because of your accident-related injuries.
• Loss of consortium: These are losses suffered if you lost a spouse or partner because of the accident.

Wrongful Death Damages

Unfortunately, some accident victims suffer fatal wounds from an accident. If you lost a loved one in a motorcycle collision, we are sorry for your loss and want to help you and your family in this difficult time.

We could file a wrongful death lawsuit and recover damages if your family member died because of another’s negligent actions. Recoverable damages could include:

• Funeral and burial arrangement costs
• Loss of household financial support

Most wrongful death claims are accompanied by a survival claim. A survival claim represents the damages that your loved one suffered in the accident, such as pain and suffering and any medical costs they incurred after the accident and prior to their death. 

An attorney who handles motorcycle accident cases at Berger and Green can review your case for free and determine if this applies to your unique case.

Proving Negligence in a Johnstown Motorcycle Accident Case

Your motorcycle accident attorney must prove four elements of negligence occurred in the accident before they can hold the negligent party accountable and pursue a fair settlement.

The elements are:

• Duty: The at-fault party owed you a duty of care to operate safely and keep others from harm on the road.
• Breach: The at-fault party breached that duty of care, and you were harmed as a result.
• Causation:  That breach caused your injuries and other losses.
• Damages: You now have damages as a result of the motorcycle accident.

 Your Johnstown lawyer at our firm can collect evidence, prove negligence, determine liability, and build a strong case on your behalf. The personal injury team at Berger and Green can answer your questions and start working on your case right away. 

Statute of Limitations for Personal Injury Cases in Johnstown

Keep in mind that most states set a limit on the time you have to file a personal injury lawsuit in civil court. In Pennsylvania, you have two years from the date of the accident, according to PA CSA § 5524. If you miss your window to file, a judge could dismiss your case and squash your chances to seek compensation.

A lawyer who handles motorcycle accident cases at Berger and Green can ensure all paperwork is filed with the court on time. This way, you can focus on healing and getting back on your feet.

Injuries You Could Sustain in a Motorcycle Accident in Johnstown

According to the most recent National Highway Traffic Safety Administration (NHTSA) statistics, nearly 5,000 motorcyclists were killed in traffic accidents in 2018. An estimated 82,000 riders were left injured. Injuries you could sustain in a motorcycle accident may vary from moderate to severe and could leave you with long-term disabilities and permanent damage.

Common types of injuries you could suffer in a motorcycle accident include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries (paralysis)
• Bone fractures
• Ligament tears and ruptures
• Internal organ damage
• Head and neck injuries
• Road rash
• Burns

These types of injuries are very serious and could require weeks, months, or even years of treatment and rehabilitation. You could be dealing with chronic pain from the accident. Your injuries may have affected your ability to work or continue your current career.

A lawyer from our firm who handles motorcycle accident cases in Johnstown and the surrounding area can ensure all of your damages are included in your claim or lawsuit. We never want to see a motorcycle accident victim accept a settlement offer that does not cover all of the monetary recovery needed to move forward.

What to Do After a Motorcycle Accident in Johnstown, PA

If you have been in a motorcycle crash and are at the scene, it’s important to remain as calm as possible and take these steps:

• Check yourself for injuries and make sure you are safe. If you can get to a safer location, we encourage you to do so.
• Call 911 for medical help whether you see or feel any injuries or not. If you are offered medical treatment, let an emergency medical technician (EMT) evaluate your condition.
• You can dial 911 for law enforcement to come to the scene. If you can, tell them what happened and get a copy of the police report they must fill out. You can use this as evidence for your Johnstown insurance claim or lawsuit.
• Get information from others involved in the accident, including their name, address, phone number, driver’s license number, health insurance company’s name, and other information.
• Collect witness’ contact information and take photos and video footage of the crash scene.
• Consider reaching out to Berger and Green for legal help with the crash. You don’t have to wait. The sooner you reach out, the better, so we can start working on your case.

Call a Berger and Green Team Member Today 

For more than 40 years the law firm of Berger and Green has handled personal injury claims. Our Johnstown motorcycle accident lawyer is ready to get to work for you. Call us to discuss your case with a team member today and learn more about how legal compensation can help you. The legal consultation is free, and there is no obligation.