Motorcycle Accident Claims in Pennsylvania
The Pennsylvania helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: All motorcycle operators and passengers must wear approved protective headgear, except: people 21 or older who have been licensed to ride a motorcycle for at least two full calendar years; 75 Pa.C.S. § 3525
| Motorcycle helmet law | All motorcycle operators and passengers must wear approved protective headgear, except: people 21 or older who have been licensed to ride a motorcycle for at least two full calendar years; people 21 or older who have completed an approved motorcycle safety course; passengers 21 or older riding with an exempt operator; and occupants of a three-wheeled motorcycle with an enclosed cab. All riders must also wear approved eye protection. The motorcycle helmet section does not say whether not wearing a helmet can reduce damages. Source: 75 Pa.C.S. § 3525 |
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| Lane splitting | Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed (police officers on duty excepted). Motorcycles are entitled to full use of a lane, and may not ride more than two abreast in a single lane. Source: 75 Pa.C.S. § 3523 |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault. Exceptions to several-only liability are listed in § 7102(a.1)(3). Source: 42 Pa.C.S. § 7102 |
| Minimum car insurance | Minimum financial responsibility is $15,000 for injury to one person, $30,000 for injury to two or more people in one accident, and $5,000 for property damage. Every policy must also include a $5,000 first-party medical benefit. Pennsylvania is a choice no-fault state: insurers must offer a choice between "full tort" coverage and a cheaper "limited tort" option, which limits the right to sue for pain and suffering. Source: 75 Pa.C.S. §§ 1702, 1705, 1711 |
| Deadline to sue for an injury | Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline. Source: 42 Pa.C.S. § 5524(1), (2), (7) |
More Pennsylvania personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Pennsylvania
- Wrongful Death Lawsuits in Pennsylvania
- Medical Malpractice Rules in Pennsylvania
- Car Accident Claims in Pennsylvania
- Dog Bite Liability in Pennsylvania
- Sidewalk and Public Property Falls in Pennsylvania
- Pedestrian Accident Claims in Pennsylvania
- Bicycle Accident Claims in Pennsylvania
- Uber and Lyft Accident Claims in Pennsylvania
- Truck Accident Claims in Pennsylvania
- Construction Site Injuries in Pennsylvania
- All Pennsylvania personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Pennsylvania?
All motorcycle operators and passengers must wear approved protective headgear, except: people 21 or older who have been licensed to ride a motorcycle for at least two full calendar years; people 21 or older who have completed an approved motorcycle safety course; passengers 21 or older riding with an exempt operator; and occupants of a three-wheeled motorcycle with an enclosed cab. All riders must also wear approved eye protection. The motorcycle helmet section does not say whether not wearing a helmet can reduce damages.
Is lane splitting legal in Pennsylvania?
Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed (police officers on duty excepted). Motorcycles are entitled to full use of a lane, and may not ride more than two abreast in a single lane.
Can you recover damages if you were partly at fault in Pennsylvania?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault.
What is the minimum car insurance required in Pennsylvania?
Minimum financial responsibility is $15,000 for injury to one person, $30,000 for injury to two or more people in one accident, and $5,000 for property damage. Every policy must also include a $5,000 first-party medical benefit. Pennsylvania is a choice no-fault state: insurers must offer a choice between "full tort" coverage and a cheaper "limited tort" option, which limits the right to sue for pain and suffering.
What is the statute of limitations for personal injury in Pennsylvania?
Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.
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.