Law and Motion in a Motorcycle Accident Case

On June 2, 2012, PennLive.com reported Routes 22/322 East near Amity Hall in Perry County, PA were being closed following a motorcycle crash on U.S. Routes 22/322 East in Middle Paxton Township, according to dispatchers in Dauphin County.

After a motorcycle accident, a plaintiff may be delayed by law and motion proceedings in a lawsuit against the responsible parties.  Law and motion involves court filings and hearings on procedural matters.  For instance, when a party does not respond to discovery such as requests for admissions, interrogatories, requests for production of documents, there may be a motion to compel the party to do so.  If after being ordered to respond to discovery, a party still refuses, the party may be sanctioned.  The parties cannot delay discovery in a motorcycle accident case even when multiple defendants are involved.  If it is the plaintiff who does not respond, the case may be dismissed.

To make court time more efficient, the day before a hearing on a motion, a trial courts may issue a tentative ruling.  This is a ruling the court will likely make unless it receives arguments from the parties convincing the court to rule otherwise.  The parties may provide arguments at a hearing.

Sometimes even when a plaintiff has a strong personal injury case, a defendant can win a case by procedure.  For example, a defendant files a demurrer to argue that the plaintiff’s complaint fails to state a cause of action.  If the defendant’s demurrer is sustained, and the court gives the plaintiff time to amend, the plaintiff must file an amended complaint by the deadline given.  If there is no amended complaint, and the plaintiff does not file a motion for leave to amend the complaint to get more time to do so, the demurrer stands, and the case gets dismissed.

Law and motion can create delays in litigation because as a case moves forward, the people working on the case may not be the same.  For instance, associates come and go at law firms.  When an associate goes to a firm working for the opposing party, there may be a motion filed to disqualify the associate, with such motion having nothing to do with the resolution of the underlying disputes between the parties.  For example, when an attorney wants to withdraw from a case, the other party may think that it is a delay scheme, and oppose the withdrawal, but the withdrawal is really between the attorney and the client, and the opposing party will have no say in whether the client is prejudiced by the withdrawal.

Righting what seems to be a wrong is not always easy with the court system.  Parties may instead look to negotiations or other types of dispute resolution to resolve their disputes.

Sadly, motorcycle accidents happen every day.  Contact experienced Pennsylvania accident attorneys to help you or a loved one obtain full compensation for a motorcycle crash.