Riders get the worst of both worlds: far more serious injuries than car occupants, and an insurance system that treats them differently — Pennsylvania’s no-fault medical benefits generally don’t apply to motorcycles, so the coverage you assumed you had may not be there. Our firm has handled motorcycle cases across Philadelphia for more than two decades, and we start by mapping what coverage actually applies to your crash.
Pennsylvania Rules Every Rider’s Case Turns On
- Insurance works differently. Motorcycles are outside the car no-fault medical system — our PA motorcycle insurance guide explains the gap and how health insurance, the at-fault driver, and your own optional coverages interact.
- The helmet law. Riders 21+ meeting experience or safety-course requirements may ride without a helmet — see our helmet law explainer. Not wearing one doesn’t bar your claim, but insurers use it; we counter with the medical facts.
- Lane splitting is illegal in Pennsylvania — our lane-splitting post covers it — which matters when insurers try to blame the rider’s positioning.
- Bias is real. Adjusters and juries start with assumptions about riders. NHTSA data and IIHS research show most multi-vehicle motorcycle crashes involve the other driver’s failure to see or yield — and we build cases on that evidence, not stereotypes.
What These Cases Require
Fast evidence work (skid marks, ECU data, camera footage), reconstruction where liability is disputed, and medical documentation matched to the injury patterns riders actually suffer — road rash (see our road rash guide), fractures, and head injuries. Our post on common motorcycle crash types shows the patterns; PennDOT licensing and safety-program records sometimes matter too.
Frequently Asked Questions
I wasn’t wearing a helmet. Is my case dead?
No. If you were legally riding without one under Pennsylvania’s exemption, it wasn’t unlawful — and even where helmet use is disputed, it goes to specific injuries, not to whether the other driver caused the crash. Expect the insurer to raise it; expect us to answer it.
The driver says they never saw me. Does that help or hurt?
Statistically, it’s an admission — failure to detect motorcycles is the classic cause of left-turn and lane-change crashes. “I didn’t see him” usually means “I didn’t look.”
What if I was partly at fault?
Pennsylvania uses modified comparative negligence: you can still recover as long as you were not more than 50% at fault, with your compensation reduced by your percentage of fault. Insurance companies push fault onto victims for exactly this reason — don’t accept their assessment as final.
How long do I have to file a personal injury claim in Pennsylvania?
Generally two years from the date of injury under Pennsylvania law, but important exceptions exist — shorter notice deadlines for claims against government entities (including SEPTA and the City), and different rules for minors and late-discovered injuries. Treat two years as the outer marker and get specific advice about your dates early.
What does it cost to hire your firm?
Injury cases are handled on a contingency fee: you pay no attorney’s fee unless we recover compensation for you. The percentage and how case costs (filing fees, records, experts) are handled are spelled out in a written fee agreement before you sign anything, and the initial consultation is free.
Down in a crash that wasn’t your fault? Call (215) 464-4600 or contact us online for a free, confidential consultation. We handle injury cases on a contingency fee: no attorney’s fee unless we recover compensation for you, with case costs explained in the written fee agreement before you sign.