Hiring a Motorcycle Accident Lawyer in Pennsylvania
The Pennsylvania helmet and lane-splitting rules, the deadline to sue, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Pennsylvania: fee rules
| Rules on contingency fees | Under Pennsylvania Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in writing and state how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement showing the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony or support, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the basis or rate of the fee to be communicated in writing to clients the lawyer has not regularly represented. |
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| If you disagree with a lawyer's bill | Fee disputes are not normally handled through Pennsylvania's discipline process; the Disciplinary Board directs clients to contact the bar association in the county where the attorney practices. |
| If a lawyer takes your money | The Pennsylvania Lawyers Fund for Client Security reimburses victims of attorney dishonesty in the practice of law. The maximum award is $150,000 per claimant, with a $1,000,000 aggregate cap per attorney (effective February 24, 2014) that only the Supreme Court can exceed. Awards are discretionary. Filing is free and a lawyer is not required; mail the original signed Statement of Claim Form with supporting documents (scanned, emailed or faxed copies are accepted, though originals may be requested). |
Pennsylvania rules to know first
| Helmet law | All motorcycle operators and passengers must wear approved protective headgear, except: people 21 or older who have been licensed to ride a motorcycle for at least two full calendar years; people 21 or older who have completed an approved motorcycle safety course; passengers 21 or older riding with an exempt operator; and occupants of a three-wheeled motorcycle with an enclosed cab. All riders must also wear approved eye protection. The motorcycle helmet section does not say whether not wearing a helmet can reduce damages. Source: 75 Pa.C.S. § 3525 |
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| Lane splitting | Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed (police officers on duty excepted). Motorcycles are entitled to full use of a lane, and may not ride more than two abreast in a single lane. Source: 75 Pa.C.S. § 3523 |
| Fault rule | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault. Exceptions to several-only liability are listed in § 7102(a.1)(3). Source: 42 Pa.C.S. § 7102 |
| Deadline to sue | Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline. Source: 42 Pa.C.S. § 5524(1), (2), (7) |
Find and check a lawyer
| Lawyer referral service | The Pennsylvania Bar Association's Lawyer Referral Service (LRS) connects people with a qualified attorney in the right location. Complete the online form (available 24/7) or call 800-932-0311 (select option 2) and describe your legal issue to get an immediate referral, then contact the attorney directly. The initial 30-minute consultation costs no more than $30. The PBA LRS operates in 47 of Pennsylvania's 67 counties. |
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| Check that the lawyer is licensed | The Disciplinary Board of the Supreme Court of Pennsylvania offers a public attorney search to view an attorney's contact information and disciplinary history. Search by last name, first name, attorney ID number, city, county or license status; status definitions are on a linked page. |
| Check discipline history or file a complaint | Complaints about Pennsylvania attorneys go to the Disciplinary Board of the Supreme Court of Pennsylvania and its Office of Disciplinary Counsel. File online with the electronic form, or print, sign and mail the complaint form (available in English and several other languages) to the district office where the attorney practices. You receive an acknowledgment and file number; Disciplinary Counsel investigates and may contact you, the attorney and others, and you get official notice of the outcome. Complaints are kept confidential except as the rules allow, and the process does not provide money or legal advice. The Board's attorney search shows disciplinary history; some prior discipline documents are online and others can be requested from the Executive Office ($0.50 per page). Board main line: 717.231.3380. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Pennsylvanians is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists seven Pennsylvania grantees: Legal Aid of Southeastern Pennsylvania, MidPenn Legal Services, Neighborhood Legal Services Association, North Penn Legal Services, Northwestern Legal Services, Philadelphia Legal Assistance Center, and Summit Legal Aid. |
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All legal help in Pennsylvania
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.