Delaware Motorcycle Accident Lawyers

Motorcycle accidents often result in severe injuries because riders have little physical protection during a crash. When a collision occurs, motorcyclists may face significant medical expenses, lost wages, and long-term recovery needs. Delaware’s mix of highways, rural roads, and congested urban areas makes motorcycle accidents a serious concern across the state.

Rhoades & Morrow provides legal representation to motorcycle accident victims statewide and helps injured riders navigate the legal process, understand their rights, and pursue maximum compensation under Delaware law.

Common Causes of Motorcycle Accidents in Delaware

According to the Delaware State Police, 21 motorcyclists were killed in crashes in 2022, the same year the state recorded 165 roadway deaths overall. State reports note that motorcycle fatalities dropped by roughly one-third in 2023, then rose again to about 20 deaths in 2024, and preliminary 2025 data still show motorcyclists making up a significant share of Delaware’s traffic fatalities.

These motorcycle accidents occur in a variety of situations, many involving negligence by other drivers. Common causes include:

• Distracted driving, including phone use or failing to see motorcyclists
• Failure to yield, especially at intersections
• Unsafe lane changes or drifting into a motorcycle’s path
• Speeding or aggressive driving
• Left-turn collisions, where a driver misjudges a motorcycle’s speed
• Following too closely, resulting in rear-end impacts
• Dooring incidents involving parked vehicles
• Poor road conditions, debris, uneven pavement, or construction zones
• Weather-related hazards, including rain and reduced visibility

Delaware motorcycle accident statistics show that riders face a higher risk of catastrophic injuries due to limited protection and the vulnerability of motorcycles in traffic environments.

Lane Splitting and Delaware Law

Delaware does not permit motorcycles to weave between lanes of moving or stopped traffic. State traffic laws require riders to stay within a marked lane and to pass only where it is safe and legal. Law enforcement typically treats lane splitting or filtering as an unsafe maneuver that can lead to a citation and may affect fault in a crash investigation.

Types of Delaware Motorcycle Accidents

Motorcycle crashes take many forms, each with unique risks and injury patterns. Rhoades & Morrow assists clients in cases involving:

• Intersection Accidents: A significant number of motorcycle accidents occur at intersections, often when a car driver fails to yield or turns into the motorcyclist’s path.
• Head-On or High-Speed Collisions: These crashes frequently result in severe or fatal injuries due to the force of impact.
• Rear-End Collisions: Motorcycles can be pushed forward or overturned when struck from behind, even at low speeds.
• Single-Vehicle Crashes: Hazardous road conditions, debris, or mechanical issues may cause riders to lose control, even without another vehicle involved.
• Hit-and-Run Accidents: When a negligent driver flees the scene, injured motorcyclists may seek compensation through uninsured motorist coverage.
• Crashes Involving Larger Vehicles: Accidents involving trucks, buses, or other commercial vehicles often result in more severe injuries due to the size and weight differences.

Common Injuries in Delaware Motorcycle Accidents

Motorcycle accidents frequently lead to more serious injuries than other motor vehicle accidents due to a lack of protection. Common injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Internal injuries
• Road rash and soft tissue damage
• Back and neck injuries
• Orthopedic injuries
• Severe lacerations
• Emotional trauma

These injuries may require hospitalization, surgery, physical therapy, and long-term care, creating financial strain and ongoing health complications.

Delaware Motorcycle Helmet Laws

Delaware law requires every motorcyclist and passenger to have an approved safety helmet in their possession and to wear eye protection while riding. Riders and passengers under 19 must wear a helmet at all times. In addition, anyone who obtained a new motorcycle endorsement on or after July 30, 2023, and their passengers must wear a helmet and eye protection for the first two years after the endorsement. Helmet use can reduce the severity of head injuries during a crash. Still, Delaware does not bar an injured motorcyclist from pursuing compensation solely because they were not wearing a helmet.

Understanding Liability Under Delaware Law

Determining liability in motorcycle accidents requires careful evaluation of the accident scene, police reports, vehicle damage, and witness statements.

Potentially liable parties may include:

• A negligent driver who failed to yield or check blind spots
• Distracted or impaired drivers
• Vehicle manufacturers in defect-related crashes
• Municipalities responsible for unsafe road conditions

Delaware follows a modified comparative negligence rule 10 DE Code § 8132 (2024), meaning a motorcyclist may recover damages if they are 50 percent or less at fault, but their percentage of responsibility will reduce their compensation. If a rider is more than 50 percent at fault, they cannot recover damages.

Motorcycle riders often face biases in police reports or insurance evaluations. Experienced motorcycle accident attorneys understand these challenges and work to ensure fault is accurately determined.

Personal Injury Protection (PIP) and Motorcycle Insurance in Delaware

Delaware’s no-fault Personal Injury Protection (PIP) coverage generally provides at least $15,000 per person and $30,000 per accident for medical bills and a portion of lost wages for up to two years after a crash, regardless of who caused it. However, motorcycle insurance is often written differently. Many policies use exclusions or special deductibles for motorcycle operators and passengers, so PIP benefits may be limited or unavailable unless additional coverage was purchased. An attorney can review every applicable policy to identify all potential sources of recovery.

What to Do After a Motorcycle Accident in Delaware

Taking certain steps after a motorcycle crash can help protect your health and your ability to recover compensation:

1. Seek medical attention immediately, even if injuries seem minor.
2. Call 911 to report the accident and request police assistance.
3. Document the accident scene, including photos and videos of damage, road conditions, and injuries.
4. Collect information from other drivers and any witnesses.
5. Do not admit fault or sign insurance documents without legal guidance.
6. Notify your insurance company, but avoid detailed statements until speaking with an attorney.
7. Keep copies of police reports, medical bills, and receipts related to the accident.
8. Consult with a Delaware motorcycle accident lawyer to understand your options.

Prompt documentation can help address challenges related to liability, witness memory, and insurance disputes.

How Delaware Motorcycle Accident Attorneys Can Help

Motorcycle accident cases are often complex due to the severity of injuries, potential bias against motorcyclists, and multi-layered insurance issues. An attorney can help by:

• Conducting a thorough investigation of the crash
• Gathering police reports, medical records, and witness statements
• Securing accident reconstruction experts when needed
• Evaluating medical expenses, lost wages, and long-term care needs
• Preparing a motorcycle accident claim
• Negotiating with insurance companies
• Representing riders injured in a motorcycle accident through litigation, if necessary

A strong trial reputation can influence whether insurance companies offer a fair settlement. Rhoades & Morrow has decades of experience handling personal injury cases across Delaware and is familiar with how local courts and insurance carriers approach motorcycle accident cases.

Most experienced personal injury lawyers, including those at Rhoades & Morrow, work on a contingency fee basis, meaning clients do not pay attorney fees unless compensation is recovered.

Compensation Available to Injured Motorcyclists

Motorcycle accident victims may be entitled to compensation for:

• Medical expenses and future treatment
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage to the motorcycle and gear
• Long-term rehabilitation needs
• Wrongful death damages in fatal accidents

Compensation is intended to help riders recover from physical injuries, financial strain, and other losses caused by someone else’s negligence.

Frequently Asked Questions