Understanding Fault in Pennsylvania Motorcycle Accidents: A Legal Guide

 Motorcycle accidents often result in devastating injuries, life-altering consequences, and complicated legal battles, especially when it comes to determining who was at fault. Pennsylvania’s fault laws and insurance system play a crucial role in how compensation is awarded, and riders need to understand how these laws affect their rights after a crash. 

Whether you're a motorcyclist injured by a negligent driver or facing accusations of partial fault, clarity on motorcycle accident liability is essential for protecting your interests.

This guide will walk you through how fault is determined in Pennsylvania motorcycle accidents, how comparative negligence may impact your claim, and why working with a Pennsylvania motorcycle accident lawyer is key to securing the compensation you deserve.

Why Fault Matters in a Motorcycle Accident Case

In Pennsylvania, fault is a critical element in determining who pays for damages after a motorcycle crash. Unlike states that follow a no-fault system, Pennsylvania operates under a choice no-fault system, but this generally applies only to vehicle insurance, and motorcycles are treated differently.

Motorcycle insurance policies are not required to carry personal injury protection, and riders cannot rely on no-fault benefits to cover injuries. This means determining fault is the first, and most important, step in pursuing compensation. If you weren’t at fault for the crash, you may be eligible to seek damages for:

  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Motorcycle repair or replacement

  • Long-term rehabilitation or disability

Because motorcycles offer less protection than enclosed vehicles, the injuries suffered in these accidents are often severe. Establishing who caused the crash will determine whether you can pursue a full personal injury claim and how much compensation you may recover.

The Role of Negligence in Motorcycle Accident Liability

To recover damages in a Pennsylvania motorcycle accident, you must prove that another party was negligent. Negligence is the legal concept that a person failed to act with reasonable care, and that failure caused someone else harm.

In most motorcycle accidents, negligence may involve:

  • A driver making an unsafe lane change without checking blind spots

  • A driver failing to yield to a motorcyclist at an intersection

  • Tailgating or following too closely

  • Distracted driving (e.g., texting or using a GPS)

  • Speeding or aggressive driving

  • Drunk or impaired driving

Your lawyer will work to gather evidence that proves the other driver was responsible for the crash. This may include eyewitness statements, traffic camera footage, police reports, and expert analysis of the accident scene.

Comparative Negligence in Pennsylvania Motorcycle Accidents

Even if you were partially at fault for your motorcycle crash, you may still be eligible to recover damages thanks to Pennsylvania’s modified comparative negligence rule. This legal doctrine allows you to collect compensation as long as you were not more than 50% responsible for the accident.

However, your compensation will be reduced based on your percentage of fault. For example:

  • If you're awarded $100,000 in damages

  • But you're found to be 20% at fault

  • You’ll receive $80,000 instead of the full amount

This is why determining fault accurately, and defending yourself against unfair blame, is so important. Insurance companies often try to shift as much fault onto the motorcyclist as possible to minimize payouts. A seasoned Pennsylvania motorcycle accident lawyer can challenge these attempts and ensure you’re not wrongfully penalized.

How Fault Is Determined in Motorcycle Accidents

Fault in a motorcycle crash is determined by evaluating all available evidence and reconstructing how the incident occurred. Investigators, attorneys, and insurance adjusters look at a range of factors to assess liability.

Common sources of evidence include:

  • Police accident reports

  • Eyewitness accounts

  • Dash cam or surveillance footage

  • Photos of the crash scene and vehicle damage

  • Cell phone records (to prove distraction)

  • Vehicle black box data

  • Medical records linking injuries to the crash

In more complex cases, accident reconstruction specialists may be brought in to analyze skid marks, debris patterns, and vehicle positioning to determine how and why the crash occurred.

Common Scenarios of Fault in Motorcycle Accidents

Certain types of crashes tend to raise clear questions of fault. While each case must be evaluated individually, some patterns are common:

Left-Turn Accidents

A driver turning left in front of an oncoming motorcycle is one of the most frequent causes of serious motorcycle crashes. In most cases, the turning driver is found at fault for failing to yield the right-of-way.

Lane-Splitting and Unsafe Passing

Although lane-splitting is illegal in Pennsylvania, some motorcyclists still attempt it. If an accident occurs while a rider is passing vehicles between lanes, they may be found partially or fully at fault depending on the circumstances.

Rear-End Collisions

When a car rear-ends a motorcycle, the driver is usually considered at fault. However, if the motorcyclist stopped suddenly without cause or lacked proper brake lighting, fault could be shared.

Open-Door Accidents

Drivers who open their car doors into the path of an oncoming motorcyclist are typically held liable for not checking before exiting the vehicle.

Motorcycle Riders Often Face Bias

Unfortunately, motorcyclists sometimes face unfair assumptions in the aftermath of a crash. There’s a persistent stereotype that riders are reckless, speeding, or engaging in dangerous behavior—even when they are obeying the law. This bias can influence:

  • Insurance adjusters reviewing your claim

  • Police officers documenting the crash

  • Jurors if your case goes to trial

An experienced Pennsylvania motorcycle accident lawyer understands how to counteract these prejudices by focusing on the facts and presenting compelling evidence. They will also work with experts who can testify about your riding behavior, speed, and visibility at the time of the crash.

What If Multiple Parties Are At Fault?

Sometimes, motorcycle accidents involve more than just two parties. For instance, a negligent driver may hit a rider after being forced to swerve by another reckless driver, or a defective road condition may contribute to the crash.

In these cases, Pennsylvania’s joint and several liability rules may come into play. This allows injured victims to pursue compensation from multiple at-fault parties and ensures you’re not left without recourse if one party is uninsured or underinsured.

A knowledgeable lawyer can help identify every possible source of compensation, including:

  • Negligent drivers

  • Vehicle manufacturers (in product defect cases)

  • Municipalities (for poor road maintenance)

  • Rideshare companies (if an Uber or Lyft driver is involved)

Steps to Take After a Motorcycle Accident

To protect your health and legal rights after a motorcycle crash, take these steps as soon as possible:

  • Call 911 and report the accident. Make sure a police report is filed.

  • Seek immediate medical attention, even if injuries seem minor at first.

  • Document the scene by taking photos and collecting contact info from witnesses.

  • Avoid giving statements to the other driver’s insurance company until you’ve spoken with an attorney.

  • Contact a lawyer to begin the investigation and claims process.

The sooner you involve legal counsel, the better your chances of building a strong case and avoiding costly mistakes.

Speak With a Pennsylvania Motorcycle Accident Lawyer Today

If you’ve been injured in a motorcycle crash and need help determining who was at fault, or if someone is wrongly accusing you, don’t wait to get legal support. 

An experienced Pennsylvania motorcycle accident lawyer from Edelstein Martin & Nelson can help you understand your rights, build a compelling case, and pursue fair compensation for your injuries. Call (888) 630-4409 today for a free consultation and get the guidance you need to move forward confidently.

This blog was originally published on Edelstein Martin & Nelson and is shared here with permission.

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