Motorcycle Accident Claims in Maryland
The Maryland helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Every motorcycle operator and rider must wear approved protective headgear (except in an enclosed cab), and the operator must wear approved eye protection unless the motorcycle has a windscreen. Md. Code, Transp. §21-1306
| Motorcycle helmet law | Every motorcycle operator and rider must wear approved protective headgear (except in an enclosed cab), and the operator must wear approved eye protection unless the motorcycle has a windscreen. By statute, not wearing a helmet may not be considered evidence of negligence or contributory negligence, may not limit a party's or insurer's liability, and may not reduce damages recovered; helmets generally may not even be mentioned at trial unless the case concerns the helmet itself. Source: Md. Code, Transp. §21-1306 |
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| Lane splitting | Lane splitting is banned in Maryland. A person may not ride a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane as the vehicle being passed (police officers on duty are exempt). Every motorcycle is entitled to the full use of a lane, and motorcycles may not ride more than two abreast in one lane. Source: Md. Code, Transp. §21-1303 |
| Fault rule (comparative negligence) | Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly. |
| Minimum car insurance | Personal injury protection (PIP) is part of required coverage unless waived. Required security must cover at least $30,000 per person and $60,000 per accident for bodily injury or death and $15,000 for property damage, plus PIP benefits of at least $2,500 (medical expenses, 85% of lost income and household services) unless the PIP coverage is waived, and required uninsured motorist coverage. PIP: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gin§ion=19-505 |
| Deadline to sue for an injury | Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period. |
More Maryland personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maryland
- Wrongful Death Lawsuits in Maryland
- Medical Malpractice Rules in Maryland
- Car Accident Claims in Maryland
- Dog Bite Liability in Maryland
- Pedestrian Accident Claims in Maryland
- Bicycle Accident Claims in Maryland
- Uber and Lyft Accident Claims in Maryland
- Truck Accident Claims in Maryland
- Construction Site Injuries in Maryland
- All Maryland personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Maryland?
Every motorcycle operator and rider must wear approved protective headgear (except in an enclosed cab), and the operator must wear approved eye protection unless the motorcycle has a windscreen. By statute, not wearing a helmet may not be considered evidence of negligence or contributory negligence, may not limit a party's or insurer's liability, and may not reduce damages recovered; helmets generally may not even be mentioned at trial unless the case concerns the helmet itself.
Is lane splitting legal in Maryland?
Lane splitting is banned in Maryland. A person may not ride a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane as the vehicle being passed (police officers on duty are exempt). Every motorcycle is entitled to the full use of a lane, and motorcycles may not ride more than two abreast in one lane.
Can you recover damages if you were partly at fault in Maryland?
Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly.
What is the minimum car insurance required in Maryland?
Personal injury protection (PIP) is part of required coverage unless waived. Required security must cover at least $30,000 per person and $60,000 per accident for bodily injury or death and $15,000 for property damage, plus PIP benefits of at least $2,500 (medical expenses, 85% of lost income and household services) unless the PIP coverage is waived, and required uninsured motorist coverage.
What is the statute of limitations for personal injury in Maryland?
Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period.
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.