PENNSYLVANIA MOTORCYCLE LAWS*

 

Pennsylvania motorcyclists are protected under Pennsylvania motorcycle law that makes negligent drivers responsible and liable to Pennsylvania motorcyclists. A bike who is involved in a Pennsylvania 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 Pennsylvania.

 

If you sustained an injury due to a Pennsylvania motorcycle accident and you haven’t contacted a lawyer about your Pennsylvania 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).

 

Pennsylvania Helmet Law: Pennsylvania motorcycle riders are not required to wear a helmet if they are 21 years or older and have either had a license to operate a Pennsylvania motorcycle for at least 2 years or if they have completed an approved Pennsylvania motorcycle rider safety course.

-Passengers of a Pennsylvania motorcycle rider are not required to wear a helmet if they are at least 21 years of age and the Pennsylvania motorcycle driver is not required to wear a helmet.

 

Pennsylvania Protective Eye Gear: Required by law when operating or riding as a passenger on a Pennsylvania motorcycle.

 

§ 3525. Protective equipment for Pennsylvania motorcycle riders

(a) Protective headgear.--Except as provided in subsection (d), no person shall operate or ride upon a Pennsylvania motorcycle unless he is wearing protective headgear which complies with standards established by the department.

(b) Eye-protective devices.--No person shall operate or ride upon a Pennsylvania motorcycle unless he is wearing an eye-protective device of a type approved by the department.

(d) Exception.--The provisions of subsection (a) shall not apply to the following:

 

(1) The operator or any occupant of a three-wheeled Pennsylvania motorcycle equipped with an enclosed cab.

(2) A person 21 years of age or older who has been licensed to operate a Pennsylvania motorcycle for not less than two full calendar years.

(3) A person 21 years of age or older who has completed a Pennsylvania motorcycle rider safety course approved by the department or the Motorcycle Safety Foundation.

(4) The passenger of a person exempt under this subsection if the passenger on the Pennsylvania motorcycle is 21 years of age or older.

           

Pennsylvania is a No-Fault state.

 

You must meet a verbal threshold requirement in Pennsylvania. This means you must have a threshold injury from your Pennsylvania motorcycle accident.

 

Pennsylvania motorcyclists can sue for severe injuries and pain and suffering that meet certain conditions. This is called a verbal threshold. Unless these injuries are met, under Pennsylvania law you cannot sue for tort liability arising out of a Pennsylvania motorcycle accident.

 

·        Bodily injury resulting in death

·        Dismemberment

·        Significant Disfigurement

·        Significant Scarring

·        Displaced Fractures

·        Loss of Fetus

·        Permanent Injury within reasonably degree of Medical Probability, other than Scarring or Permanent significant disfigurement

 

Pennsylvania Motor Vehicle Financial Responsibility Act:

 

-This act allows insurance companies to give insured parties options.

• Limited Tort: (slightly less expensive option)

-You cannot sue for pain and suffering under this option, unless you have sustained a “serious or permanent injury”, which is defined in Pennsylvania as “a serious impairment of a bodily function”.

-Drastically reduces the insured’s option and ability to sue for compensation for injuries.

-Only minimally reduces the auto-insurance premiums

• Full Tort: (slightly more expensive option)

-Allows insured party to sue for pain and suffering under this option.

 

18 Pa.C.S.A. § 2301
§ 2301. Definitions

 

"Bodily injury." Impairment of physical condition or substantial pain.

"Serious bodily injury." Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

 

Pennsylvania is a Choice No-Fault State.

 

• Pennsylvania motorcycle owners can choose no-fault insurance, and may not be able to sue negligent motor vehicle operators for non-economic damages or
• Pennsylvania motorcycle owners can choose to have the option to sue for non-economic damages as a tort, and not choose no-fault insurance for their Pennsylvania motorcycle.

 

Pennsylvania No-Fault Benefits: Under Pennsylvania no-fault law, Pennsylvania motorcycle accident victims can recover in the following areas:

 

• Medical costs (past and future) due to injury from Pennsylvania motorcycle accident
• Lost wages (past and future) as a result of Pennsylvania motorcycle accident
• Compensation for loss of services as a result of Pennsylvania motorcycle accident
• Funeral expenses, as a result of death from a Pennsylvania motorcycle accident
• Permanent impairment of a body function and/or permanent serious disfigurement from a Pennsylvania motorcycle accident.
• Loss of consortium claim: This refers to any negative effect on the marital relationship as a result of the Pennsylvania motorcycle accident
• Death benefits after death occurs as a result of a Pennsylvania motorcycle accident

 

~ No-Fault benefits do not include pain & suffering, inconvenience, or emotional distress as a result of a Pennsylvania motorcycle accident.

 

State of Pennsylvania Insurance Requirements: Minimum – Compulsory Liability

 

Pennsylvania Statute of Limitations for a Motorcycle Accident: Action must be commenced 2 years from the date of injury resulting from the Pennsylvania motorcycle accident.

 

§ 5524. Two year limitation on Pennsylvania motorcycle accident claims

The following actions and proceedings must be commenced within two years:

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

 

 

*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. Pennsylvania motorcycle law regarding Pennsylvania 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.