As one of Pennsylvania’s leading personal injury firms, we’ve spent decades fighting for the rights of motorcycle accident victims. Motorcycle crashes often lead to severe injuries and high-value claims, and knowing the laws is essential to protecting your right to full compensation.
Understanding Pennsylvania Motorcycle Accident Laws
Determining Fault and Liability in Pennsylvania Motorcycle Accidents
Pennsylvania Statute of Limitations for Motorcycle Accidents
Legal Options After a Pennsylvania Motorcycle Accident
How a Lawyer Helps After a Motorcycle Accident
Settlement Negotiations After a Motorcycle Accident
Filing a Motorcycle Accident Claim in Pennsylvania
Types of Compensation Available After a Motorcycle Accident
Dealing With Insurance Companies After a Motorcycle Crash
Insurance Company Tactics in Pennsylvania Motorcycle Cases
How Insurance Coverage Affects Motorcycle Settlements
Preparing for Trial in Pennsylvania Motorcycle Accident Lawsuits
Chapter 1
A motorcycle accident can change your life in seconds. Understanding your rights under Pennsylvania law is the first step toward recovery. Whether you’re an experienced rider or new to the road, it’s critical to know how state laws affect your insurance, liability, and injury claims.
To prove negligence in Pennsylvania, a plaintiff must establish four elements: duty of care, breach of duty, causation, and damages. A breach of duty occurs when a person fails to fulfill their duty of care, which can include actions like speeding or running a red light.
Pennsylvania motorcycle laws include helmet requirements, liability-based insurance claims, and mandatory coverage minimums. Motorcyclists are excluded from the no-fault insurance system.
Pennsylvania uses a modified comparative negligence rule. This means your compensation will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot recover damages. In Pennsylvania, leaving the scene of an accident is a serious offense, punishable by penalties including fines and imprisonment.
Example:
Why It Matters: Insurance companies often exploit this rule to shift blame onto riders. Legal representation is critical to push back against unfair fault attribution. Insurance companies often use a motorcyclist’s percentage of fault to minimize payouts in claims, making it even more important to have strong legal advocacy.
Knowing these common factors can help strengthen your case and establish liability.
Even if not required by law for some riders, having:
Motorcyclists should inspect their motorcycle regularly, including before every ride.
…can reduce fault percentage and support injury claims by showing reasonable care.
Next Steps
You’ve now seen the legal foundation. In Chapter 2, we’ll walk you through how to file a motorcycle accident claim in Pennsylvania step by step to protect your right to compensation.
Chapter 2
Being involved in a motorcycle accident can be traumatic—but the actions you take afterward play a major role in whether you get compensated. This chapter explains exactly what you must do to file your claim properly and avoid mistakes that hurt your chances of recovery.
To file a motorcycle accident claim in Pennsylvania, notify your insurer, gather documentation, calculate your damages, submit a demand, and consult a personal injury attorney to pursue full compensation from the at-fault party.
Immediately after the accident:
Under 75 Pa. C.S. § 3746, failure to report a qualifying crash may result in penalties and jeopardize your claim.
Even though you’ll likely pursue compensation from the at-fault party, you must notify your own insurer quickly. Failure to do so could lead to a denial of coverage.
Provide:
Strong claims are built on evidence. Begin collecting the following:
Compensation includes:
Use documentation to justify your losses. Be prepared to show how the accident has disrupted your physical, emotional, and financial wellbeing.
With your evidence compiled and damages calculated, your attorney will prepare a formal demand letter outlining:
This letter opens the door to settlement negotiations and alerts the insurer that you’re serious about being made whole.
Insurance companies rarely offer fair settlements without pressure. A skilled motorcycle accident attorney can:
Tip: Early mistakes can lower or eliminate your payout. Having legal representation ensures your claim is professionally managed from day one.
Next Steps
Now that you know how to properly file a claim, it’s time to explore how fault and liability are determined under Pennsylvania law. Chapter 3 will explain how responsibility is assigned—and how that affects your potential recovery.
Chapter 3
Fault is one of the most critical elements in any Pennsylvania motorcycle accident case. It determines who pays and how much. If you’ve been injured, understanding how liability is established can make or break your claim.
Fault in Pennsylvania motorcycle accidents is determined based on police reports, physical evidence, eyewitness accounts, and expert analysis, applying the state’s comparative negligence rule.
Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. You can recover damages as long as you are not more than 50% at fault. If you’re partially at fault, your award is reduced by your percentage of responsibility.
Example:
To establish liability, attorneys, insurers, and courts examine:
Tip: Even if you are partially at fault, you may still be entitled to significant compensation. Never assume you have no case without legal review.
Insight: Multiple parties can share fault. A skilled lawyer ensures every responsible party is identified to maximize your recovery.
Most cases settle before reaching court. But whether at the negotiating table or trial, proving fault comes down to:
Proving fault requires professional investigation and negotiation.
Next Steps
With liability principles covered, Chapter 4 will walk you through the types of compensation you can recover in a Pennsylvania motorcycle accident claim—including medical costs, pain and suffering, and more.
Chapter 4
If you’ve been injured in a motorcycle crash, you’re likely facing significant losses—physically, emotionally, and financially. Pennsylvania law allows victims to recover multiple categories of damages when someone else’s negligence caused the crash.
You may be eligible to receive economic damages, non-economic damages, and in some cases, punitive damages. Compensation may cover medical bills, lost wages, pain and suffering, and future costs related to your injuries.
These are the measurable out-of-pocket losses you’ve suffered:
These are intangible but significant losses:
Punitive damages may be awarded in cases involving gross negligence, reckless behavior, or intentional misconduct—such as DUI crashes or hit-and-run scenarios. These are meant to punish the wrongdoer and deter similar behavior.
When a motorcyclist dies due to another’s negligence, their surviving family may pursue:
These are general ranges and will vary based on individual case facts.
Next Steps
Now that you understand what compensation you may be entitled to, Chapter 5 covers the Pennsylvania statute of limitations—so you don’t miss critical deadlines that can destroy your right to sue.
Chapter 5
Missing a legal deadline could permanently destroy your right to compensation. Pennsylvania law imposes strict time limits on when injured motorcyclists can file a lawsuit after a crash.
You have two years from the date of the motorcycle accident to file a personal injury or wrongful death lawsuit in Pennsylvania under 42 Pa. C.S. § 5524.
The statute of limitations is not flexible. If you miss the two-year deadline:
Even the strongest case will fail if filed late.
The two-year countdown begins:
Note: Courts rarely extend this deadline unless fraud, concealment, or incapacity is involved.
Delaying a claim—even if within the two-year window—can:
Working with an attorney early ensures:
Even if you’re in treatment, missing this window bars your claim.
Key Tip: Don’t wait until you’re “done healing.” Consult a lawyer as soon as possible to avoid losing your legal right to sue.
Next Steps
Now that you know the filing deadlines, Chapter 6 will walk you through how to deal with insurance companies after a Pennsylvania motorcycle accident—and what mistakes could sabotage your claim.
Chapter 6
After a motorcycle accident, you’ll likely be contacted by an insurance company—sometimes within hours. What you say and do next can dramatically affect the value of your claim.
Avoid giving a recorded statement, don’t accept a quick settlement, and let an experienced attorney handle all communications. Insurance companies are not on your side.
Insurance companies are profit-driven businesses. Their goal is to pay out as little as possible. Common strategies include:
You are not legally required to provide a recorded statement to the other party’s insurer. They may sound friendly, but their questions are designed to:
Instead, say: “I’m not comfortable speaking without my attorney present.”
Rarely. Early offers:
Once you accept, you forfeit your right to pursue further compensation—even if your condition worsens.
Working with a motorcycle accident lawyer means:
Insurance companies monitor accident victims online. A single photo, check-in, or statement can be used to challenge your injury claim. Avoid posting anything about:
Next Steps
In Chapter 7, we’ll cover the most common causes of motorcycle accidents in Pennsylvania and how they affect fault, compensation, and long-term recovery.
Chapter 7
Understanding what causes motorcycle crashes is essential—not only for building a strong injury claim, but also for proving fault and maximizing your compensation. Motorists often overlook motorcyclists because of their small size, which contributes to many accidents. Motorcycle safety awareness should be a year-round consideration, not just during designated months.
The leading causes include driver inattention, unsafe lane changes, left-turn collisions, speeding, and hazardous road conditions. Identifying the cause helps determine liability and recover damages. Common causes of motorcycle accidents also include speeding, distracted driving, impaired driving, and failure to yield the right of way.
One of the most cited causes in police reports is: “I didn’t see them.” Many drivers fail to check blind spots or misjudge the speed of a motorcycle.
Common scenarios:
A significant percentage of crashes happen when:
In these cases, the driver is typically at fault, not the motorcyclist.
These occur when a car makes a left turn at an intersection and:
Left-turn collisions account for a disproportionate share of serious injuries and deaths in Pennsylvania.
Whether by the motorcyclist or the driver of a car:
Pennsylvania crash data shows that speed is a contributing factor in more than 30% of fatal motorcycle accidents.
Motorcycles are more vulnerable to:
In some cases, the state or local municipality may be liable if the road was poorly maintained, improperly marked, or negligently designed.
Impaired driving remains a major risk:
Pennsylvania law allows victims to seek punitive damages when a crash is caused by a driver under the influence.
This happens when:
While commonly associated with cyclists, dooring is a real hazard for motorcyclists too—especially in urban areas like Philadelphia or Pittsburgh.
Occasionally, crashes are caused by:
In these cases, product liability claims or negligent maintenance claims may apply.
Knowing the cause helps your lawyer:
For example: If a crash was caused by poor lighting or lack of signage, the municipality could be added as a defendant, increasing the available insurance coverage.
Next Steps
In Chapter 8, we’ll explore the legal process of filing a motorcycle accident lawsuit in Pennsylvania, including how your lawyer gathers evidence, prepares your case, and fights to win maximum compensation.
Chapter 8
If you’ve been seriously injured in a motorcycle accident, filing a personal injury lawsuit may be the most effective way to recover the compensation you deserve.
Your attorney will investigate the crash, gather evidence, draft a complaint, and file it with the appropriate Pennsylvania civil court within the statute of limitations. The process then proceeds through discovery, negotiation, and potentially trial.
You should never attempt to handle a serious injury lawsuit without legal representation. A qualified attorney can:
At Mattiacci Law, we specialize in representing motorcycle accident victims across Pennsylvania.
Strong lawsuits begin with detailed case-building:
If needed, we work with accident reconstructionists and medical experts to build a compelling case.
Your lawyer will file a legal document called a “complaint” that includes:
The defendant will then file an answer, and the case proceeds to litigation.
Both sides exchange information. This includes:
Discovery often uncovers key evidence that can lead to a strong settlement.
Discovery often uncovers key evidence that can lead to a strong settlement.
Most motorcycle accident lawsuits settle before trial. Your lawyer will:
If the other side refuses to offer a fair amount, your case will proceed to trial.
At trial, your attorney will:
If successful, the court will award you a judgment for damages.
Lawsuits open the door to:
Even if a case settles, filing a lawsuit often increases the value of the claim significantly.
Next Steps
Chapter 9 will explore the full range of compensation available in Pennsylvania motorcycle accident cases, including economic damages, pain and suffering, and when punitive damages may apply.
Chapter 9
Motorcycle crashes often result in more severe injuries than other traffic accidents—and Pennsylvania law allows victims to recover for a wide range of damages. Motorcycle accidents can result in common injuries such as traumatic brain injuries, broken bones, and spinal cord injuries. Pennsylvania’s roads are considered dangerous for motorcyclists, ranking high for motorcycle fatalities. Large settlements in motorcycle accidents typically involve serious injuries requiring long-term medical care or rehabilitation.
You may be entitled to economic damages (medical bills, lost wages), non-economic damages (pain and suffering), and punitive damages if the at-fault party acted recklessly or maliciously. Very large settlements can exceed several million dollars due to catastrophic injuries and ongoing medical costs.
Motorcycle accident victims in Pennsylvania may be eligible for several types of damages, depending on the facts of their case. These fall into four key categories: economic, non-economic, punitive, and wrongful death damages. The table below breaks down what each type includes, its purpose, and when it typically applies:
These are measurable financial losses, including:
Make sure to keep all receipts and records related to accident-related costs.
These cover real harms that don’t come with a dollar sign:
These damages vary significantly and depend on the severity and long-term effect of the injury.
Punitive damages are rare but possible if the other party’s behavior was particularly reckless, such as:
Punitive damages are awarded for particularly reckless behavior of the at-fault party in motorcycle accident cases.
Punitive damages are meant to punish and deter, not compensate.
Punitive damages are meant to punish and deter, not compensate.
If a motorcycle crash results in death, Pennsylvania allows:
The personal representative of the deceased’s estate must file the claim on behalf of surviving beneficiaries.
No two motorcycle accident cases are the same—and the total compensation you may receive depends on several critical factors. From the severity of your injuries to the strength of your medical documentation, each element can significantly influence your settlement or verdict. Below is a breakdown of the key factors that commonly affect the outcome of motorcycle accident claims in Pennsylvania:
Pennsylvania follows modified comparative negligence (51% rule):
Pennsylvania follows modified comparative negligence (51% rule):
Pennsylvania’s modified comparative negligence rule bars a plaintiff from recovering damages if they are 51% or more at fault.
Example: If you are awarded $100,000 but found 20% at fault, you receive $80,000.
In most motorcycle accident cases, there are no caps on damages. However:
Your lawyer will evaluate whether any caps apply based on the parties involved.
Next Steps
In Chapter 10, we’ll cover mistakes that can ruin your motorcycle accident claim—and how to avoid them to protect your rights and compensation.
Chapter 10
Even a strong motorcycle accident case can be weakened—or lost—if you make critical errors after the crash.
Failing to seek medical care, admitting fault, speaking to insurance adjusters without legal advice, missing deadlines, and posting on social media can all jeopardize your claim.
Failing to get immediate medical care sends the wrong message:
Always seek prompt medical attention and follow your treatment plan.
Insurers often request a “routine” statement. But their real goal is to:
Never speak to the other party’s insurance adjuster without your attorney present.
In Pennsylvania’s modified comparative negligence system:
Stick to facts, not feelings, when discussing the crash—especially with police or insurers.
Insurance companies often monitor Facebook, Instagram, and other platforms:
Set your profiles to private and avoid posting anything related to your health or the crash.
After the crash:
This evidence can make or break your claim.
As outlined in Chapter 5:
Work with a lawyer early to ensure all deadlines are met.
Insurers often offer quick cash early on:
Let your attorney evaluate the offer and negotiate a better deal.
Many personal injury lawyers focus on car accidents. But motorcycle cases require: * Understanding of motorcycle physics and crash dynamics
The importance of hiring an attorney after a motorcycle accident cannot be overstated.
At Mattiacci Law, we’ve recovered millions for injured riders across Pennsylvania.
Next Steps: In Chapter 11, we’ll answer frequently asked questions about motorcycle accident claims in Pennsylvania—including what to expect, how long cases take, and how to choose the right lawyer.
Chapter 11
Motorcycle accident victims often face a flood of questions—and misinformation—after a crash. In this chapter, we’ll answer the most common questions Pennsylvania riders ask when considering a claim.
Get medical help, call the police, document the scene, avoid admitting fault, and contact a motorcycle accident lawyer as soon as possible.
It depends on the facts of your case. Some settle in a few months, others take over a year. Timeline factors include:
Injury severity and recovery time
Whether fault is disputed
The insurance company’s cooperation
Whether the case goes to trial
Your attorney will push for a timely resolution—but not at the expense of full compensation.
You’re not required to hire one—but you should. Motorcycle claims are more complex than car accidents. A skilled lawyer:
Handles negotiations with insurers
Collects medical records and crash evidence
Fights back against bias against bikers
Helps maximize your compensation
At Mattiacci Law, our legal team has decades of experience handling serious injury cases for Pennsylvania riders.
Under Pennsylvania law, some riders are exempt from helmet use (age 21+ with two years of riding or a safety course). However, Pennsylvania law requires motorcycle riders under the age of 21 to wear a helmet, while older riders must wear helmets if they are not experienced riders.
Failing to wear a helmet can affect your compensation if it contributed to your injuries
Insurers may try to reduce or deny your claim on this basis
An attorney can push back on this tactic and argue for fair compensation.
Pennsylvania follows a modified comparative fault rule:
If you are 50% or less at fault, your recovery is reduced by your percentage of fault
If you are 51% or more at fault, you recover nothing
That’s why it’s critical not to admit fault or speculate about what happened—especially early in the case.
Yes—but government entities like PennDOT or a municipality must be notified under special procedures:
You typically must file a Notice of Claim within six months
Damages are capped under state law
These cases are more complex and require immediate legal help
An experienced motorcycle accident attorney can determine if a road defect case is viable.
Next Steps: In our final chapter, Chapter 12, we’ll explain why hiring Mattiacci Law can make the difference between a lowball offer and a life-changing result—and how our free consultation can help you get started today.
Generally, government entities (including state, county, and local governments, as well as their agencies and employees) are protected by a legal doctrine called “sovereign immunity.” This means they are typically immune from lawsuits unless they specifically waive that immunity. Pennsylvania has waived sovereign immunity in certain limited circumstances, allowing lawsuits against government entities under specific conditions.
The Pennsylvania Sovereign Immunity Act outlines specific exceptions under which a government entity can be sued for negligence. One of the relevant exceptions for slip and fall cases is often related to the care, custody, or control of real property. This exception may apply if your injury was caused by a dangerous condition of the government entity’s property, such as:
However, even if your case falls under one of these exceptions, there are still strict procedures you must follow.
One of the most critical differences when suing a government entity in Pennsylvania is the strict six-month written notice requirement. You must provide written notice of your claim to the appropriate government entity within six months of the date of your injury. This notice must typically include specific information, such as:
Failure to provide this written notice within the six-month timeframe can be a complete bar to your claim, even if the general two-year statute of limitations for personal injury cases has not yet expired. This is a critical deadline that you must not miss.
In addition to the notice requirement, there may be other specific procedures and limitations when suing a government entity, such as:
Given the complexities and strict deadlines involved in suing a government entity in Pennsylvania, it is absolutely essential to consult with an experienced personal injury attorney as soon as possible if your slip and fall accident occurred on public property. An attorney can:
Suing a government entity is not something you should attempt to do on your own. The potential pitfalls and strict requirements make legal representation crucial from the very beginning.
Chapter 12
You’ve learned about Pennsylvania motorcycle accident laws, claims, deadlines, and damages. Now it’s time to take the next—and most important—step: choosing the right legal team.
Mattiacci Law offers decades of trial-tested experience, personalized representation, and a no-win, no-fee promise to help injured riders recover maximum compensation throughout Pennsylvania. Victims should consult with an attorney before discussing their case with insurance companies to avoid diminishing their claims.
Our team has handled serious motorcycle injury and wrongful death cases for decades. We understand the unique dynamics of motorcycle crashes and the common biases riders face. We know how to:
Prove fault—even in disputed liability cases
Maximize economic and non-economic damages
Build persuasive cases that win in court or settle for top dollar
We’ve secured millions for injured victims—and we’re ready to do the same for you.
You never pay out of pocket for legal fees. At Mattiacci Law:
Your consultation is always free
We only collect if we recover compensation for you
If we don’t win, you owe nothing
That’s our no-risk, no-fee guarantee.
After a motorcycle accident, your focus should be on healing—not paperwork, insurers, or court filings. We handle:
Communication with insurance companies
Evidence collection and accident reconstruction
Medical record retrieval and expert coordination
Negotiation, mediation, or trial preparation
You’ll always know where your case stands with responsive communication every step of the way.
With offices in both Pennsylvania and New Jersey, we handle motorcycle accident cases throughout:
Philadelphia and Pittsburgh
Bucks, Montgomery, and Delaware Counties
Harrisburg, Allentown, Erie, and beyond
No matter where your crash occurred, we’re ready to help.
Every day you wait could weaken your case. Don’t risk missing key deadlines or losing evidence. Let Mattiacci Law step in and fight for what you deserve.
Call 215-914-6919 or visit jminjurylawyer.com to schedule your free consultation.
We’ll review your case, explain your options, and outline a plan to pursue maximum compensation—with no upfront cost and no obligation.
You’ve been through enough. Now it’s our turn to carry the burden—and help you get your life back.
Common causes of slip and fall accidents in Pennsylvania include wet or slippery floors due to spills or mopping, uneven sidewalks and pavements, poor lighting in walkways, loose carpeting or flooring, accumulation of ice and snow, and obstructions or clutter in walkways.
In Pennsylvania, premises liability law holds property owners legally responsible for maintaining a safe environment on their property to prevent injuries like slip and falls. This includes identifying and fixing hazards, providing warnings, and keeping walkways safe for visitors
Pennsylvania law recognizes three types of visitors:
Invitees (e.g., customers) are owed the highest duty of care, requiring owners to inspect for and fix dangers.
Licensees (e.g., social guests) must be warned of known dangers.
Trespassers generally receive no duty of care, except for the “attractive nuisance” doctrine for children.
A property owner can be held liable if: a hazard existed on their property; they knew or should have known about the hazard; they failed to take reasonable steps to fix or warn about the hazard; and this hazard directly caused your slip and fall injuries.
Pennsylvania follows a modified comparative negligence rule. If you are found to be less than 51% at fault for your slip and fall, your compensation will be reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.
In Pennsylvania, the statute of limitations for filing a slip and fall lawsuit is generally two years from the date of the accident. Missing this deadline typically means you lose your right to seek compensation.
A slip and fall attorney can assist by investigating the accident, gathering crucial evidence, handling negotiations with insurance companies, assessing the value of your claim, and representing you in court if necessary to maximize your compensation.
Immediately after a slip and fall:
Seek medical attention.
Document the scene with photos and videos.
Gather contact information from any witnesses.
Report the accident to the property owner or manager.
Avoid giving recorded statements to insurance companies.
Contact a personal injury attorney.
To prove negligence, you must establish four elements:
Duty of care: The property owner had a legal obligation to ensure safety.
Breach of duty: The owner failed to uphold this duty.
Causation: The hazard directly led to your injury.
Damages: You suffered financial or physical harm as a result.
Crucial evidence includes photographs and videos of the hazard and accident scene, medical records documenting your injuries, witness statements, accident reports filed at the scene, maintenance logs of the property, and surveillance footage if available.
You may be able to seek compensation for:
Medical expenses (past and future)
Lost wages (past and future)
Pain and suffering
Loss of earning capacity
In rare cases, punitive damages.
Yes, there are some exceptions. For instance, the statute may be extended for minors until they turn 18. Additionally, claims against government entities have a shorter notice requirement of six months. Consulting an attorney is crucial to understand if any exceptions apply to your situation.
Settlements involve negotiations between your attorney and the property owner’s insurance company to reach a mutually agreeable compensation amount without going to trial. The process often involves an initial demand, followed by offers and counteroffers until an agreement is reached.
Common challenges include demonstrating the property owner’s knowledge of the hazard, proving that the hazard directly caused your injuries, overcoming claims that the hazard was “open and obvious,” and addressing potential arguments of comparative negligence.
Yes, you can sue a government entity in Pennsylvania, but there are specific procedures and stricter timelines. Notably, you must provide written notice of your claim within six months of the incident.
Choose an attorney with specific experience in Pennsylvania premises liability law, a proven track record of successful outcomes, a client-focused approach, and who offers a free consultation to discuss your case.
DISCLAIMER: Personal injury lawyer John A. Mattiacci, Jr. is an attorney at Mattiacci Law, LLC, which practices in PA & NJ. John and the firm only provide legal advice to clients after having entered into an attorney-client relationship. Our website does not create an attorney-client relationship. The description of awards and cases previously handled do not guarantee a similar outcome in current or future cases as every case is different. This website is Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship. Super Lawyers, Rising Stars, Martindale-Hubbell, AVVO, and other organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association.
