Motorcycle Accident Lawyer for Delaware County and Philadelphia: Claims Built on Pennsylvania Rider Law

What to know first after a motorcycle crash in Pennsylvania

If a driver caused your motorcycle crash, you can bring a claim against that driver for your medical bills, lost income and pain and suffering. The catch is that Pennsylvania's automatic first-party medical coverage does not work for riders the way it does for car occupants, so how your bills get paid in the first months needs a plan from day one.

Riders also face a problem car occupants rarely do: an assumption, sometimes unspoken, that the motorcyclist must have been speeding or weaving. A strong claim answers that with evidence, not argument. This page walks through the Pennsylvania rules that matter and what you can do now to protect your claim.

How medical bills get paid when you ride

Every Pennsylvania auto policy must include at least $5,000 in first-party medical benefits, but the statute expressly leaves motorcycles out of that requirement (75 Pa.C.S. § 1711). A separate section goes further: an operator or occupant of a motorcycle cannot recover first-party benefits under Pennsylvania's Motor Vehicle Financial Responsibility Law (75 Pa.C.S. § 1714). The state's Assigned Claims Plan, which helps some people with no other coverage, also excludes motorcycle operators and occupants (75 Pa.C.S. § 1752).

In practice, that means your health insurance is often the first source of payment for treatment, and the at-fault driver's liability insurance pays at the end, when the claim resolves. Your health insurer may then seek repayment from the recovery. How these sources fit together depends on the policies you actually have, so bring your motorcycle policy, any household auto policies and your health insurance card to the first meeting.

Uninsured and underinsured motorist coverage (UM/UIM) is especially important for riders. Pennsylvania insurers must offer it, but buying it is optional and it can be rejected in writing (75 Pa.C.S. § 1731). If the driver who hit you had no insurance or too little, UM/UIM on your own policies may be the coverage that pays.

Pennsylvania's helmet law and what it means for your claim

Pennsylvania requires motorcycle operators and passengers to wear approved protective headgear, with exceptions (75 Pa.C.S. § 3525). A rider 21 or older may ride without a helmet if they have been licensed to operate a motorcycle for at least two full calendar years, or if they have completed a motorcycle safety course approved by PennDOT or the Motorcycle Safety Foundation. A passenger 21 or older riding with an exempt operator is also exempt. Eye protection is required for operators and passengers regardless of age.

Riding without a helmet does not cause a crash, and it does not give a careless driver a pass. If you were not wearing a helmet, expect the insurer to argue that it made a head injury worse. Whether that argument is allowed, and how much it can affect a claim, depends on the facts and the medical evidence. Do not let it stop you from getting advice.

Lane rules that come up in motorcycle cases

Pennsylvania law says every motorcycle is entitled to the full use of a lane, and no driver may operate a vehicle in a way that deprives a motorcycle of that lane (75 Pa.C.S. § 3523(a)). A driver who crowds a rider or merges into a rider's lane is breaking that rule.

The same statute bars riding between lanes of traffic or between rows of vehicles, which is often called lane splitting (75 Pa.C.S. § 3523(c)). It also limits motorcycles to two abreast in a single lane. If the insurer says you were lane splitting, the evidence on that point, from witnesses, video and the damage pattern, can shape the entire case. Under Pennsylvania's modified comparative negligence rule, your recovery is reduced by your share of fault and barred only if your share is greater than the combined fault of the defendants (42 Pa.C.S. § 7102).

How motorcycle crashes happen on local roads

Many rider injuries come from drivers who simply did not look. Common patterns include:

• A car turning left across a rider's path at an intersection.
• A driver changing lanes into a motorcycle in a blind spot.
• A vehicle pulling out of a driveway or side street into oncoming traffic.
• A rear-end impact from a driver following too closely.
• Road hazards such as potholes, loose gravel or uneven pavement.

Road hazard crashes and government-owned roads

Busy roads like West Chester Pike, Baltimore Pike, Township Line Road and US-1 carry heavy traffic and plenty of turning movements. When a pothole or road defect caused the crash, the claim may be against a government entity. That changes the rules: written notice may be required within 6 months (42 Pa.C.S. § 5522), and immunity statutes limit when and how much a government body can pay. For a pothole on a state highway, the law requires proof that the agency had actual written notice of the condition in time to fix it (42 Pa.C.S. § 8522(b)(5)). These cases need fast action.

Injuries riders suffer and what drives case value

A rider has no steel frame around them, so injuries tend to be serious: road rash that needs skin grafts, broken legs and wrists, pelvic fractures, spinal injuries and traumatic brain injuries. Some effects, like memory problems after a head injury, show up weeks later. Get evaluated even if you feel able to walk away.

The value of a motorcycle claim depends on the injuries, the treatment, lost income, any permanent limits, the evidence on fault and the insurance available. Photos of your gear and bike, the helmet if you wore one, and witness names can all help. Keep your damaged gear. It is evidence.

Your tort election can also matter. Limited tort can restrict pain-and-suffering damages unless the injury is serious or an exception applies (75 Pa.C.S. § 1705). Which policy's election governs a rider's claim is a technical question, so have a lawyer read your policies before you assume you are limited.

Where your case would be filed, and deadlines

A crash in Upper Darby, Drexel Hill, Springfield or Broomall is usually handled in the Delaware County Court of Common Pleas in Media. A crash in West Philadelphia usually belongs in the Philadelphia Court of Common Pleas at City Hall. Juries and court schedules differ between the two.

In Pennsylvania, personal injury suits generally must be filed within 2 years of the crash (42 Pa.C.S. § 5524), with exceptions such as for minors. Government claims can require notice in 6 months. Do not wait to find out which rule applies to you.

Your Legal Warrior works on a 100% contingency fee: no attorney fee unless we recover, all case costs advanced by the firm and repaid only from a recovery, and nothing owed if there is no recovery. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.