Understanding Delaware’s Unique Motorcycle Accident Laws
Motorcycle riding can be exhilarating, but it comes with its own set of risks, especially when it comes to accidents. In Delaware, like in many other states, there are specific laws and regulations that govern motorcycle accidents. Understanding these laws is crucial for riders to protect themselves legally and financially in case of an accident.
DELAWARE’S MOTORCYCLE HELMET LAW
One of the key laws that motorcyclists need to be aware of is Delaware’s helmet law. Unlike some other states, Delaware requires all motorcycle ridersand passengers to wear helmets while riding. This law is in place to reduce the risk of head injuries in the event of an accident. Violating this law can result in fines and penalties.
LANE SPLITTING
Lane splitting, also known as filtering, is the practice of riding a motorcycle between lanes of slow-moving or stopped traffic. In Delaware, lane splitting is not explicitly illegal, but it’s not expressly permitted either. This means that whether or not lane splitting is legal is open to interpretation by law enforcement officers and judges. Motorcyclists should exercise caution and use common sense when considering lane splitting.
MOTORCYCLE INSURANCE REQUIREMENTS
In Delaware, motorcycle riders must have liability insurance with minimum coverage limits of $15,000/$30,000 for bodily injury and $10,000 for property damage. Uninsured/underinsured motorist coverage is recommended. Optional coverages include collision, comprehensive, and medical payments coverage. It’s essential for motorcyclists to ensure they have adequate insurance coverage to protect themselves in case of an accident.
COMPARATIVE NEGLIGENCE
Delaware follows a comparative negligence system when determining fault in personal injury cases, including motorcycle accidents. Under this system, each party involved in an accident can be assigned a percentage of fault based on their actions leading up to the accident. If a motorcyclist is found partially at fault for an accident, their compensation may be reduced proportionally to their degree of fault.
SEEKING LEGAL ASSISTANCE
Navigating Delaware’s motorcycle accident laws can be complex, especially for those who are unfamiliar with the legal system. In the aftermath of a motorcycle accident, it’s crucial for riders to seek legal assistance from an experienced motorcycle accident attorney. A skilled attorney can provide guidance, protect their rights, and help them pursue the compensation they deserve.
Understanding Delaware’s unique motorcycle accident laws is essential for riders to protect themselves legally and financially. From helmet requirements to insurance coverage and liability rules, being aware of these laws can make a significant difference in the event of an accident. By staying informed and seeking legal assistance when needed, motorcyclists can navigate Delaware’s roads with greater confidence and peace of mind.
CONTACT EDELSTEIN MARTIN & NELSON TODAY
If you’re dealing with the aftermath of a motorcycle accident, you don’t have to handle it alone. Reach out to Edelstein Martin & Nelson today at (302) 504-4815 to talk to a Delaware personal injury accident lawyer for a complimentary consultation about your legal choices. Our skilled team of attorneys is available to assist you in maximizing your chances of obtaining compensation for lost wages, pain and suffering, and medical expenses. We proudly serve clients in Wilmington, DE.