In Delaware, motorcycles are a popular mode of transportation and increasingly prevalent on the road, especially by our wonderful beach communities. Motorcycling seems to attract the risk takers in search of the open road. It is hard to ignore that motorcycle accidents are much more dangerous than your regular automobile accident. We are often asked to look at motorcycle accident cases because we have years of experience with these types of accidents.
Motorcycle injuries and deaths have steadily risen over the last 10 years. Motorcycles are fast and unpredictable. They can be difficult to follow, see, and avoid. Most motorcyclists know the risk and some thrive on it. As in most states, Delaware has helmet laws. Delaware requires all riders to wear a helmet when operating their vehicle.
In most accidents, assigning negligence to the faulty party is no different when examining a motorcycle accident or an automobile accident. Operators of motorcycles and automobiles have to follow the same rules. Driving laws apply to both equally.
Motorcycle accidents have some unique factors that differentiate them from other accidents. Motorcycle operators do not get the same injury benefits as people who operate a car. Automobile operators are covered under PIP, or personal injury protection coverage, in case of an accident. In Delaware, PIP is coverage that assists insured drivers from upwards of 80% of medical expenses and sometimes will cover lost wages. Motorcyclists are excluded from having this coverage by virtue of the law.
If you are on a motorcycle, and you get into an accident with a private passenger vehicle, you will most likely be subject to the verbal threshold. You will have to demonstrate serious and permanent injury before you can recover damages. You may not be able to sue for damages at all in some cases. Insurance coverage for motorcycle operators is limited.
Motorcyclists have a prejudice against them. It is best to have someone with experience to the best possible outcome from your motorcycle accident. The attorneys at Mattleman, Weinroth & Miller, P.C. can present your case as a motorcycle rider in the best light. Contact us to discuss your accident.