Delaware Motorcycle Accident Lawyer

Delaware's partial helmet law requires some riders to wear helmets while exempting others. Understanding exactly who is covered is important—both for compliance and for how it affects your injury claim if you're in an accident.

How Helmet Use Affects Your Claim

Even in states without helmet requirements, insurance adjusters often argue that not wearing a helmet contributed to head injuries, potentially reducing your compensation. An experienced attorney can counter these tactics.

Lane splitting is illegal in Delaware. If you were lane splitting when your accident occurred, the other party's insurance will likely try to use this against you. However, this doesn't automatically mean you can't recover damages.

Under Delaware's comparative fault system, you may still recover damages even if partially at fault, though your award may be reduced by your percentage of fault.

Statute of Limitations: 2 years

In Delaware, you have 2 years from the date of your motorcycle accident to file a personal injury lawsuit. Missing this deadline could permanently bar you from recovering compensation.

Fault System: Modified comparative fault (51%)

Delaware uses a modified comparative fault system. You can recover damages as long as you're less than 51% at fault. Your compensation is reduced by your percentage of fault.

Minimum Insurance Requirements

Delaware requires minimum auto insurance coverage of $25,000/$50,000/$10,000. Unfortunately, these minimums often don't cover the full extent of serious motorcycle accident injuries. This is why it's important to carry uninsured/underinsured motorist coverage.