DELAWARE Motorcycle Laws*

Delaware motorcyclists are protected under Delaware motorcycle law that makes negligent drivers responsible and liable to Delaware motorcyclists. A biker who is involved in a Delaware motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Delaware

 

If you sustained an injury due to a Delaware motorcycle accident and you haven’t contacted a lawyer about your Delaware motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.   1-877-Biker-Law (1-877-245-3752).

 

Ø      Delaware is an at-fault state. This means the law of negligence will govern your claim for injuries and damages arising out of your Delaware motorcycle accident. You may be able to sue for injuries and damages arising out of your Delaware motorcycle accident, including, but not limited to:

 

·        Physical Pain & Suffering

·        Mental Pain & Suffering

·        Medical Expenses (Past & Reasonable Future Expenses)

·        Rehabilitative Expenses

·        Permanent Serious Impairment

·        Permanent Serious Disfigurement

·        Loss of Enjoyment of Life

·        Loss of Consortium

·        Physical Property Damage

 

 

21 Del.C. § 101

§ 101. Words and phrases

 

(32) "Motorcycle" includes every motor vehicle designed to travel on not more than 3 wheels in contact with the ground, except any such vehicle as may be included within the definition of "tractor" and excepting electric personal assistive mobility device (EPAMD).

 

(35) "Motor vehicle" includes every vehicle, as defined in this section, which is self-propelled, except farm tractors, electric personal assistive mobility devices and OHVs.

 

Ø      Delaware Helmet Law: If you are 19 years or younger riding on or operating a Delaware motorcycle, you are required by law to wear a helmet with reflectorization.

 

§ 4185. Riding on motorcycles (b) Every person operating or riding on a motorcycle shall have in that person's possession a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter "Secretary") through the Office of Highway Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary.

 

Ø      Delaware Motorcycle Eye Protection: Eye protection when riding on or operating a Delaware motorcycle is required by law.

 

Ø      Delaware Motorcycle Minimum Insurance Requirements: Compulsory Liability Insurance is required by law for all Delaware motorcycles.

 

21 Del.C. § 2118

§ 2118. Requirement of insurance for all motor vehicles required to be registered in this State; penalty

(a) No owner of a motor vehicle required to be registered in this State, other than a self-insurer pursuant to § 2904 of this title, shall operate or authorize any other person to operate such vehicle unless the owner has insurance on such motor vehicle providing the following minimum insurance coverage:

(1) Indemnity from legal liability for bodily injury, death or property damage arising out of ownership, maintenance or use of the vehicle to the limit, exclusive of interest and costs, of at least the limits prescribed by the Financial Responsibility Law of this State.

(2) a. Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident…

 

Ø      Minimum Liability limits for your Delaware Motorcycle: $15,000 bodily injury liability limit for one person injured in Delaware motorcycle accident; $30,000 bodily injury liability limit for all injuries to persons involved in Delaware motorcycle accident; and $10,000 property damage liability limit for one Delaware motorcycle accident.

 

Ø      Uninsured & Underinsured Motorist Coverage in Delaware: When seeking damages from the at-fault driver in your Delaware motorcycle accident, the at-fault driver may have no insurance or insufficient insurance to cover your claim.

 

Uninsured Motorist Coverage will protect you if you are involved in a Delaware motorcycle accident with an at-fault driver who does not have the minimum insurance.

 

Underinsured Motorist Coverage will protect you if you are involved in a Delaware motorcycle accident with an at-fault driver who does not have sufficient insurance to cover the extent of your claim for damages.

 

Ø      Delaware Statute of Limitations: To bring suit for personal injuries arising out of your Delaware motorcycle accident, this must be done within 2 years from the date of the Delaware motorcycle accident.

        § 8119. Personal injuries.

No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title. (20 Del. Laws, c. 594, § 1; Code 1915, § 4675; Code 1935, § 5133; 10 Del. C. 1953, § 8118; 52 Del. Laws, c. 339, § 2; 57 Del. Laws, c. 568, § 3.)

 

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Delaware motorcycle law regarding Delaware motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.