Pennsylvania Motorcycle Accidents Law
Motorcycle Accident Liability
Messa & Associates, Attorneys at Law, are injury attorneys providing information about Pennsylvania motorcycle accident laws. Learn about liability to determine whether you or another was at fault.
Basic Rules for Operating a Motorcycle
Operating a motorcycle in Pennsylvania requires some basic requirements:
- You must obtain a license.
- A motorcycle safety course is available for all eligible applicants.
- Safety helmets are not required except within the first two years of licensing if you are over 21 and have taken the motorcycle safety course. Passengers on the motorcycle do not have to wear a safety helmet unless they are under 21 years of age.
- Insurance is required (Compulsory Liability (Minimum Limits) (15/30/5).
- A maximum of two motorcycles can operate abreast in a lane.
- The operator of a motorcycle shall not overtake and pass in the same lane as the vehicle overtaken.
- The operator of a motorcycle shall not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
Who Is at Fault?
There are many circumstances that can lead to a motorcycle accident. It often falls to on-scene law enforcement to determine who is at fault in a motor vehicle accident. However, this is not the final analysis.
The basis for holding a person or company legally responsible for any resulting harm comes from a principle called negligence. Typically, the negligent party responsible for an accident is held liable. When injury to someone results from the careless actions of another the careless person will be legally liable for any resulting harm. There are other extenuating circumstances that can have bearing on the determination:
- Defective product (motorcycle or tires)
- Alcohol consumption
- Is the motorcycle rider licensed and insured?
- Are they wearing a safety helmet if one is required?
This process for determining liability is utilized in accident or injury disputes beginning with initial settlement talks through trial in a personal injury lawsuit.
Basically all negligence claims are based on the attempt to prove that the defendant:
- Owed a legal duty of care to the plaintiff (injured party) under the circumstances;
- Failed to fulfill that legal duty through conduct;
- Caused an accident or injury involving the plaintiff; and
- Harmed or injured the plaintiff as a result.
Since there are so many factors to be evaluated in the cause of a crash, you need attorneys who are familiar with Pennsylvania motorcycle law and determination of accident liability in Pennsylvania. Pennsylvania helmet laws and other factors must be understood to achieve a successful outcome when being involved in a motorcycle accident claim. In the event that your motorcycle accident leads to litigation Messa & Associates counsel can give you proper advice and representation in ensuring that the proper fault determination is made and that your rights are protected (either by settlement or litigation). Contact us by calling toll free 866.403.4LAW (4529), or fill out the contact web form.