Pennsylvania Motorcycle Accident Lawyer

Does Pennsylvania's helmet law affect my case?

It can, depending on your age and experience. Pennsylvania requires helmets for riders under 21. Riders 21 and older may ride without one only if they have at least 2 years of riding experience or have completed an approved safety course.

If you were legally riding without a helmet, the defense cannot claim you broke the helmet law. It may still argue that a helmet would have reduced a head injury. That argument has no bearing on who caused the crash or on injuries to your legs, arms, chest or spine. If you were required to wear a helmet and did not, the issue can come up more directly. Either way, medical experts can address what the helmet would or would not have changed.

How is insurance different for injured Pennsylvania riders?

Motorcycle coverage in Pennsylvania does not work the same way as car insurance. The first-party medical benefits that pay early bills after a car crash may be limited or unavailable for a rider, depending on the policies involved.

That makes other coverage more important:

• The at-fault driver's liability insurance
• Underinsured and uninsured motorist coverage on your motorcycle policy
• Coverage on other policies in your household, depending on the terms
• Medical payments coverage, if you bought it
• Health insurance for treatment while the claim is pending

Read your declarations page, or send it to us. We often find coverage that riders did not know they had.

How does Pennsylvania's fault rule play out for riders?

Your recovery is reduced by your share of fault and barred if you are more than 50% at fault. Insurers often start with the assumption that riders were speeding or weaving.

Consider a rider on a two-lane road in the Poconos when a car pulls out from a side road. The rider's damages are $220,000. The driver's insurer argues the rider was going too fast for the curve and assigns 30% of the fault. If a jury agrees, the rider recovers $154,000. If skid marks and video show a legal speed, the rider's share may drop close to zero. If a jury found the rider 51% at fault, the recovery would be zero.

Which Pennsylvania roads and seasons are riskiest for riders?

Pennsylvania's riding season peaks from spring through fall, and its scenic routes draw riders from across the region. The Laurel Highlands, the Poconos, the northern tier along US-6 and river roads through central Pennsylvania are popular.

These roads also bring hazards that can point to someone else:

1. Gravel and cinders left from winter road treatment, especially in spring.
2. Potholes and frost heaves that open after freeze and thaw cycles.
3. Tar snakes and uneven paving seams in work zones.
4. Deer crossings and blind curves on rural routes.
5. Drivers turning left without looking for oncoming motorcycles.

When a public road defect contributed, written notice to the government unit is generally required within 6 months. Our government and public property injury claims page explains how those claims work.

What should I do after a Pennsylvania motorcycle crash?

Get medical care first. Then protect the evidence that answers the usual bias against riders.

Photograph the scene, the bike, the other vehicle and any road hazards. Keep your helmet and gear. Download helmet camera or phone video right away. Ask for the police report number, and do not discuss your speed with the other driver's insurer. Keep the bike in its damaged condition until it can be photographed and inspected.

Motorcycle injuries often need long recovery periods, including surgery, physical therapy and time away from work. Keep a simple record of appointments, missed shifts and activities you can no longer do. Those details help show the full effect of the crash, which matters even more when insurers try to minimize a rider's losses. If you belong to a riding club, fellow riders who saw your skill and habits can also be helpful witnesses about how you ride.

How long do I have to file?

Most Pennsylvania motorcycle accident lawsuits must be filed within 2 years. Waiting can cost evidence that disappears in days, such as video and witness memories.

Our team offers a free case review, and there is no fee unless we win. For related information, see our motorcycle accidents page and our Pennsylvania car accident guide. General rules are on our Pennsylvania injury law page.