Pennsylvania’s mountainous two-lane roads, from US-22 through Blair County to the twisting stretches of Route 30 through Bedford County, attract thousands of motorcyclists every weekend. They also produce some of the most serious crashes we handle. For more than 80 years, the attorneys at Gieg & Jancula have represented injured Pennsylvanians, and motorcycle cases are one of our most challenging and misunderstood practice areas. This guide walks through the laws, the insurance issues, and the practical steps every rider should know before or after a crash.
How Common Are Motorcycle Accidents in Pennsylvania?
Motorcycle crashes happen at a rate that is wildly out of proportion to the number of motorcycles on Pennsylvania roads. According to the Pennsylvania Department of Transportation’s Pennsylvania Crash Facts and Statistics, motorcyclists make up a small fraction of registered drivers but account for a disproportionate share of traffic fatalities every year. Central Pennsylvania sees a spike in motorcycle crashes each spring and summer, when riders return to scenic routes like PA-31, PA-26, and the Bedford-to-Somerset corridor.
Most motorcycle crashes are not caused by the rider. Left-turning drivers who fail to yield, distracted motorists who drift into a rider’s lane, and inattentive drivers who follow too closely account for a large majority of collisions between cars and motorcycles.
Common Injuries in Motorcycle Crashes
Because a rider has almost no physical protection between their body and the road, motorcycle injuries tend to be severe. Our personal injury attorneys regularly handle motorcycle cases involving:
- Traumatic brain injuries, even when a helmet is worn
- Spinal cord injuries and paralysis
- Multiple fractures, especially of the legs, arms, and pelvis
- Severe road rash and permanent scarring
- Internal organ damage
- Burn injuries from contact with the engine or road
These injuries almost always require extended hospitalization, surgery, and long-term rehabilitation. That is why insurance companies fight motorcycle cases so aggressively, and why building a strong claim from day one matters so much.
Pennsylvania’s Helmet Law and How It Affects Your Case
Pennsylvania allows most adult motorcyclists to ride without a helmet. Under 75 Pa.C.S. § 3525, riders age 21 or older who have been licensed for at least two years or completed an approved safety course may legally ride helmet-free. Riders under 21 must wear a helmet.
Insurance companies frequently try to use a lack of helmet against unhelmeted riders, arguing that head injuries would have been avoided. Under Pennsylvania’s comparative negligence rules, this argument can reduce a recovery if the jury agrees the failure to wear a helmet contributed to the injuries. It cannot bar a claim entirely as long as the rider was 50 percent or less at fault, but it is a common tactic to reduce settlement value, and an experienced motorcycle attorney will push back hard on it.
Insurance Issues Unique to Pennsylvania Motorcyclists
Pennsylvania’s auto insurance system creates traps that catch riders off guard.
Full Tort vs. Limited Tort Does Not Apply to Motorcycles
The Pennsylvania choice of “full tort” or “limited tort” applies to private passenger vehicles, not motorcycles. This is actually good news for riders. Even if you carry limited tort on your car, you can still pursue full pain and suffering damages when you are injured on a motorcycle.
Motorcycles Are Not Required to Carry First-Party Medical Benefits
Unlike car policies, motorcycle policies in Pennsylvania are not required to include first-party medical benefits (also called PIP). Many riders discover after a crash that their motorcycle policy will not pay their medical bills, and they must rely on health insurance or a lawsuit against the at-fault driver.
Underinsured Motorist Coverage Is Critical
Most Pennsylvania drivers carry only the state minimum $15,000 per person liability limit, which barely covers a hospital admission after a serious motorcycle crash. Underinsured motorist (UIM) coverage on your own motorcycle or auto policy fills that gap. Riders who stack UIM across multiple vehicles can dramatically improve their protection.
Who Is Liable in a Pennsylvania Motorcycle Crash?
Determining liability in a motorcycle case requires investigation, not just police-report acceptance. Potentially responsible parties include:
- The at-fault driver of another vehicle
- A trucking or delivery company (in commercial vehicle crashes involving truck accidents)
- A government entity responsible for road design or maintenance
- A parts manufacturer if a mechanical failure caused the crash
- A bar or restaurant that overserved a drunk driver under Pennsylvania’s Dram Shop Act
At Gieg & Jancula, we investigate every case fully, including obtaining crash reconstruction reports, subpoenaing cell phone records, and interviewing witnesses. One of our partners spent years defending insurance companies before joining the firm, which means we know exactly how the other side will try to shift blame to the rider.
Compensation Available in a Motorcycle Injury Case
Pennsylvania law allows injured riders to recover:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering
- Emotional distress and loss of enjoyment of life
- Scarring and disfigurement
- Property damage
When a crash results in a fatality, surviving family members may pursue a wrongful death claim plus a survival action under Pennsylvania law. Our firm has recovered multimillion-dollar settlements in fatal crash cases, including a $3.3 million wrongful death recovery in a trucking case.
What to Do After a Motorcycle Crash in Pennsylvania
The steps you take in the first hours after a crash can shape your case for years. If you are able:
- Get medical care immediately. Even injuries that seem minor can escalate.
- Call the police and insist on a formal crash report.
- Photograph the scene, the vehicles, the road conditions, and your gear.
- Gather names and phone numbers of witnesses.
- Do not give a recorded statement to the other driver’s insurance company.
- Preserve your gear and your motorcycle in its post-crash condition.
- Call a personal injury attorney before signing anything.
Pennsylvania’s two-year statute of limitations under 42 Pa.C.S. § 5524 gives you a hard deadline to file suit, and evidence disappears quickly.
Why Choose Gieg & Jancula for Your Motorcycle Case
Our firm has represented injured Pennsylvanians for more than 80 years. We understand the unique bias motorcycle riders face from insurance carriers and juries, and we know how to overcome it through careful preparation, credible experts, and a willingness to try cases when insurers refuse to pay fair value.
Recent recoveries reflected on our case results page include multiple seven-figure settlements in serious motor vehicle cases. We work on a contingency fee basis, so you pay nothing unless we recover for you.
Frequently Asked Questions About PA Motorcycle Crashes
How much is the average motorcycle accident settlement in Pennsylvania?
Every case is different. Settlements depend on injury severity, medical costs, lost wages, permanence of the injuries, available insurance coverage, and comparative fault. Cases involving serious injuries often settle in the six- and seven-figure range.
What if I was not wearing a helmet?
You can still recover, but the insurance company will likely argue you share some fault for head-related injuries. Comparative negligence can reduce, but does not eliminate, your recovery in Pennsylvania as long as you were 50 percent or less at fault.
Do I need a lawyer to handle my motorcycle claim?
Insurance companies undervalue motorcycle cases as a matter of practice. Riders represented by experienced attorneys consistently recover more than those who negotiate on their own, according to studies by the Insurance Research Council. The initial consultation at Gieg & Jancula is free.
Talk to a Pennsylvania Motorcycle Accident Lawyer Today
If you or a loved one has been hurt in a motorcycle crash, do not wait. Call Gieg & Jancula at 814-946-1606 for a free consultation, or reach us through our contact page. There are no fees unless we win your case.