Motorcycles offer freedom and excitement on the open road, but they also come with higher risks than other vehicles. In Pennsylvania, motorcycle accidents often lead to severe injuries, complex liability disputes, and insurance challenges. Understanding your legal rights, Pennsylvania’s helmet laws, and how to file an injury claim after a motorcycle crash can make all the difference in securing the compensation you deserve.
If you’ve been involved in a motorcycle accident in Pennsylvania, this guide will cover:
✅ Common motorcycle accident injuries
✅ Helmet laws and their impact on injury claims
✅ Determining liability in a motorcycle crash
✅ Filing an insurance claim and maximizing compensation
✅ When to contact a Pennsylvania motorcycle accident lawyer
Common Motorcycle Accident Injuries in Pennsylvania
Motorcycle riders lack the protection of enclosed vehicles, making them more vulnerable to severe injuries in an accident. Here are some of the most common injuries sustained in Pennsylvania motorcycle crashes:
1. Head and Traumatic Brain Injuries (TBI)
- Even with a helmet, motorcyclists risk suffering a concussion or a more severe traumatic brain injury (TBI).
- Symptoms include dizziness, headaches, memory loss, and cognitive impairment.
- Pennsylvania allows some riders to ride without helmets, increasing the likelihood of life-altering head injuries.
2. Spinal Cord and Back Injuries
- Spinal cord damage can lead to paralysis (paraplegia or quadriplegia).
- Herniated discs and fractures can cause chronic pain and mobility issues.
3. Road Rash and Skin Abrasions
- When riders slide across pavement, severe skin abrasions (“road rash”) can occur.
- If untreated, road rash can cause infection, nerve damage, and permanent scarring.
4. Broken Bones and Fractures
- Arms, legs, ribs, and wrists are prone to fractures in high-impact crashes.
- Severe fractures may require surgery and long-term rehabilitation.
5. Internal Injuries
- Blunt force trauma can lead to internal bleeding, organ damage, and ruptured spleens.
- Internal injuries may not be immediately obvious, making prompt medical evaluation crucial.
Pennsylvania Motorcycle Helmet Laws: How They Affect Injury Claims
Do You Have to Wear a Helmet in Pennsylvania?
Pennsylvania requires helmets for motorcyclists under the age of 21. However, riders 21 and older may legally ride without a helmet if they:
✅ Have at least two years of riding experience OR
✅ Have completed an approved motorcycle safety course
How Helmet Use Affects a Personal Injury Claim
If a motorcyclist wasn’t wearing a helmet and suffered head or brain injuries, the insurance company may try to reduce compensation by arguing:
❌ The rider contributed to their own injuries by not wearing a helmet.
❌ The injuries would have been preventable with helmet use.
However, Pennsylvania follows a comparative negligence rule, meaning that even if you weren’t wearing a helmet, you can still recover damages—but your compensation may be reduced if the defense proves your injuries were worsened by not wearing one.
💡 Pro Tip: Even if you weren’t wearing a helmet, an experienced motorcycle accident attorney can argue that the other driver’s negligence was the primary cause of the crash, maximizing your potential compensation.
Who Is Liable in a Pennsylvania Motorcycle Accident?
Determining fault and liability is critical in a motorcycle accident claim. In Pennsylvania, multiple parties may be responsible for the crash, including:
1. Another Driver
🚗 If a car or truck driver was speeding, distracted, or failed to yield, they may be fully liable for the accident.
2. The Motorcyclist (Comparative Negligence Law)
🏍 Pennsylvania follows a modified comparative negligence rule:
- If the motorcyclist is less than 51% at fault, they can still recover compensation.
- However, their settlement may be reduced by their percentage of fault.
3. A Municipality or Roadway Authority
🛣 Poorly maintained roads, potholes, lack of proper signage, or debris can contribute to accidents.
- If a government entity is responsible, a claim must be filed within six months under the Pennsylvania Tort Claims Act.
4. Motorcycle Manufacturers (Product Liability Cases)
⚠ If the accident was caused by a defective motorcycle part, such as faulty brakes, tire blowouts, or steering malfunctions, the manufacturer or distributor could be held responsible.
Filing a Motorcycle Accident Insurance Claim in Pennsylvania
Pennsylvania has unique insurance laws, including no-fault insurance, but motorcyclists are NOT covered under standard Personal Injury Protection (PIP).
Steps to Filing a Motorcycle Accident Claim
1️⃣ Report the Accident – Call 911 and obtain a police report.
2️⃣ Document the Scene – Take photos of injuries, damage, road conditions, and traffic signals.
3️⃣ Seek Immediate Medical Attention – Even if you feel fine, hidden injuries can worsen over time.
4️⃣ Notify Your Insurance Provider – Provide basic facts but avoid recorded statements.
5️⃣ Contact a Motorcycle Accident Attorney – Insurance companies often try to lowball riders—a lawyer can help negotiate full compensation.
What Compensation Can You Recover After a Motorcycle Accident?
A successful motorcycle accident claim can cover:
✅ Medical Expenses – Hospital bills, surgery, rehabilitation, and long-term care.
✅ Lost Wages – Compensation for missed work and reduced earning capacity.
✅ Pain and Suffering – Compensation for emotional distress and long-term trauma.
✅ Property Damage – Repairs or replacement of the motorcycle.
✅ Wrongful Death Damages – If a loved one was killed in a motorcycle crash, their family can file a wrongful death lawsuit.
Why You Need a Pennsylvania Motorcycle Accident Lawyer
Insurance companies often unfairly blame motorcyclists or offer low settlements. Hiring an attorney ensures:
✔ A thorough investigation into the accident.
✔ Negotiation with insurance companies for a fair payout.
✔ Representation in court if necessary.
💡 Pro Tip: Many motorcycle accident attorneys offer free consultations, so there’s no risk in seeking legal advice.
Final Thoughts: Protecting Your Rights After a Motorcycle Accident in Pennsylvania
A motorcycle accident can change your life in an instant, leading to serious injuries, medical expenses, and lost wages. Whether another driver was at fault, road conditions were dangerous, or you suffered severe injuries, knowing your legal options is essential.
If you or a loved one has been involved in a motorcycle accident in Pennsylvania, don’t navigate the process alone. Consult an experienced personal injury attorney to ensure you receive the compensation you deserve.
🚨 Injured in a Pennsylvania motorcycle crash? Contact a top motorcycle accident lawyer today!
Disclaimer:
The information provided in this blog is for informational purposes only and should not be considered legal advice. Laws regarding motorcycle accidents, helmet requirements, liability, and insurance claims vary by state, and individual cases may differ based on specific circumstances.
PhillyLegalConnect is not a law firm and does not provide legal representation. We connect individuals with experienced personal injury attorneys who can offer legal guidance tailored to their situation. If you have been involved in a motorcycle accident in Pennsylvania, consult a qualified motorcycle accident attorney to understand your legal rights and options.