Motorcycle accidents can lead to life-altering injuries, costly medical bills, and legal challenges that riders and their families often aren’t prepared for. If you or someone you love has been involved in a motorcycle crash in Pennsylvania, it's natural to have questions—about insurance, fault, compensation, and what to do next.
This FAQ answers the most common concerns riders face after a motorcycle accident in Pennsylvania, offering insight into your legal options and what you should expect during the recovery process.
What Are the Most Common Causes of Motorcycle Accidents in Pennsylvania?
Motorcycle crashes often stem from preventable factors. According to the Pennsylvania Department of Transportation, the most frequent causes include:
- Drivers failing to yield to motorcyclists
- Sudden lane changes or unsafe merging
- Distracted or impaired driving
- Speeding or reckless driving
- Hazardous road conditions like potholes or gravel
In 2022, Pennsylvania reported over 3,300 motorcycle crashes, with more than 200 fatalities. The majority of fatal accidents involved a collision with another vehicle.
Is Pennsylvania a No-Fault State for Motorcycle Accidents?
Pennsylvania operates under a hybrid no-fault system for car insurance, but motorcycles are treated differently.
Motorcycle riders are not covered under the no-fault Personal Injury Protection (PIP) system that applies to regular vehicle drivers. This means if you're injured in a motorcycle crash, you cannot rely on your own insurance for medical bills under PIP. Instead, you typically pursue compensation through the at-fault party’s liability coverage—or your own medical insurance if the other driver is uninsured.
Do I Need to Wear a Helmet in Pennsylvania?
Helmet use is mandatory for most riders, but there are exceptions:
- Riders under age 21 must wear a helmet.
- Riders over 21 can go without one if they have either two years of riding experience or have completed an approved motorcycle safety course.
- All passengers under 21 must wear helmets, regardless of the operator’s status.
Wearing a helmet isn’t just a safety precaution—it can also influence your injury claim. Insurance companies may try to reduce compensation if they believe your injuries could’ve been mitigated by helmet use, even if you were legally allowed to ride without one.
What Type of Insurance Do I Need as a Motorcycle Rider in PA?
Pennsylvania requires motorcyclists to carry:
- $15,000 per person for bodily injury
- $30,000 per accident for total bodily injury
- $5,000 for property damage
Optional coverages such as uninsured/underinsured motorist (UM/UIM) protection are strongly recommended. UM/UIM can provide critical financial help if you're hit by someone with little or no insurance, which is common in motorcycle cases.
Can I Still File a Lawsuit If I Was Partially at Fault?
Yes. Pennsylvania follows a modified comparative negligence rule. As long as you are found less than 51% at fault, you can still recover damages. However, your compensation will be lowered based on your share of the blame.
For example, if your total damages are $100,000 but you’re found 30% responsible, you would be eligible to recover $70,000.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Pennsylvania?
Under Pennsylvania law, the statute of limitations for personal injury claims—including motorcycle accidents—is two years from the date of the accident.
If you miss this deadline, the court will most likely dismiss your case, and you’ll lose the right to pursue compensation. It’s best to consult an attorney early, especially if evidence needs to be preserved or insurance negotiations are already underway.
What Kind of Compensation Can I Seek After a Motorcycle Accident?
Depending on the circumstances of your accident and injuries, you may be entitled to compensation for:
- Emergency and ongoing medical expenses
- Lost wages or reduced earning potential
- Pain and suffering
- Emotional distress
- Property damage (e.g., repairs or replacement of your motorcycle)
- Permanent disability or disfigurement
- Loss of enjoyment of life
In rare cases, punitive damages can sometimes be awarded if the other party’s conduct was exceptionally reckless—such as driving under the influence or road rage incidents.
What Should I Do Immediately After a Motorcycle Accident?
Here are key steps to take, even if you believe your injuries are minor:
- Call 911 – Get emergency responders on the scene.
- Seek medical attention – Some injuries, like concussions or internal bleeding, may not show symptoms immediately.
- Document the scene – If possible, take photos of the vehicles, road conditions, and visible injuries.
- Exchange contact and insurance information with all parties involved.
- Speak with witnesses and get their contact information.
- Avoid giving recorded statements to insurance adjusters without legal counsel.
- Consult a motorcycle accident attorney before accepting any insurance settlement.
Are Motorcycle Accidents Treated Differently Than Car Accidents?
Yes, both in terms of medical outcomes and insurance procedures.
Motorcyclists face a much higher risk of severe injury or death. Even when wearing protective gear, riders lack the structural protections afforded to car drivers—making broken bones, head trauma, and spinal injuries far more common.
From a legal standpoint, motorcycle claims can be more complicated due to:
- Biased assumptions that motorcyclists are reckless
- Lack of PIP coverage
- More severe and expensive injuries
- Greater potential for disputes over fault
Because of these factors, insurance companies often fight harder to reduce payouts in motorcycle claims. Having legal representation becomes especially important.
Conclusion
Motorcycle accidents in Pennsylvania raise unique legal and financial challenges, from dealing with biased insurance adjusters to navigating the state’s comparative fault rules. Understanding your rights—and how motorcycle laws differ from general vehicle regulations—can make a significant difference in your recovery process.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Pennsylvania Motorcycle Accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.