Motorcycle Accident Claims in Delaware
The Delaware helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Motorcycle helmets: in Delaware, riders under 19 (operators and passengers) and, for the first two years, anyone who got a motorcycle endorsement on or after July 30, 2023 (and that rider's passengers) must wear an approved helmet and eye protection. 21 Del. C. § 4185(b)
| Motorcycle helmet law | Motorcycle helmets: in Delaware, riders under 19 (operators and passengers) and, for the first two years, anyone who got a motorcycle endorsement on or after July 30, 2023 (and that rider's passengers) must wear an approved helmet and eye protection. Other adult riders must have an approved helmet in their possession and wear approved eye protection. The penalty is a civil assessment of $25 to $50. The statute does not address damages. Source: 21 Del. C. § 4185(b) |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8132 |
| Minimum car insurance | Every registered vehicle must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $10,000 for property damage (25/50/10). Delaware also requires personal injury protection (PIP) of at least $15,000 per person and $30,000 per accident for medical expenses, lost earnings and similar costs incurred within 2 years of the accident (funeral costs up to $5,000), plus $10,000 coverage for damage to property other than vehicles. PIP covers occupants of the insured vehicle and pedestrians it hits. Re-verified 2026-10-27. Source: Del. Code tit. 21, §§ 2118, 2902 |
| Deadline to sue for an injury | A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8119 |
More Delaware personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Delaware
- Wrongful Death Lawsuits in Delaware
- Medical Malpractice Rules in Delaware
- Car Accident Claims in Delaware
- Dog Bite Liability in Delaware
- Slip, Trip and Fall Injuries in Delaware
- Sidewalk and Public Property Falls in Delaware
- Pedestrian Accident Claims in Delaware
- Bicycle Accident Claims in Delaware
- Uber and Lyft Accident Claims in Delaware
- Construction Site Injuries in Delaware
- All Delaware personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Delaware?
Motorcycle helmets: in Delaware, riders under 19 (operators and passengers) and, for the first two years, anyone who got a motorcycle endorsement on or after July 30, 2023 (and that rider's passengers) must wear an approved helmet and eye protection. Other adult riders must have an approved helmet in their possession and wear approved eye protection. The penalty is a civil assessment of $25 to $50. The statute does not address damages.
Can you recover damages if you were partly at fault in Delaware?
Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence.
What is the minimum car insurance required in Delaware?
Every registered vehicle must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $10,000 for property damage (25/50/10). Delaware also requires personal injury protection (PIP) of at least $15,000 per person and $30,000 per accident for medical expenses, lost earnings and similar costs incurred within 2 years of the accident (funeral costs up to $5,000), plus $10,000 coverage for damage to property other than vehicles. PIP covers occupants of the insured vehicle and pedestrians it hits.
What is the statute of limitations for personal injury in Delaware?
A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.
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.