Worried About Being Sued After Hitting a Motorcyclist in Pennsylvania

Attorney Answer

The worry is understandable. But a claim like this is exactly what your liability insurance exists for. If the rider brings one, your insurer handles it and, if it comes to a lawsuit, defends it. The report's conclusion about fault does not decide anything in court. Your job now is to get the insurer involved early and stay out of the fault discussion yourself.

The report is not evidence of fault in a damages case. 75 Pa.C.S. § 3751(b)(4):

The copy of the report shall not be admissible as evidence in any action for damages or criminal proceedings arising out of a motor vehicle accident.

A rider who sues still has to prove what happened with evidence. And Pennsylvania compares fault: under 42 Pa.C.S. § 7102(a), any damages are “diminished in proportion to the amount of negligence attributed to the plaintiff,” and the rider recovers nothing if their share is the larger one.

Why a motorcycle claim tends to include the medical bills. Pennsylvania's first-party medical benefits, which pay a car driver's own bills regardless of fault, do not extend to motorcycle riders. 75 Pa.C.S. § 1714:

An owner of a currently registered motor vehicle who does not have financial responsibility or an operator or occupant of a recreational vehicle not intended for highway use, motorcycle, motor-driven cycle, motorized pedalcycle or like type vehicle required to be registered under this title cannot recover first party benefits.

So the rider's medical expenses are likely to be part of any claim made against you, which is one more reason to put your insurer on notice now.

If you were also cited, a guilty plea or payment of the ticket is not admissible in a civil case arising out of the same facts, under 42 Pa.C.S. § 6142(a). Whether to contest a citation is a separate decision for a lawyer.

The question to keep in view is your policy limit. If a claim is ever made for more than your liability limit, the part above the limit is your own exposure. That is the moment to have a lawyer of your own, separate from the one the insurer provides.

What you can do

1. Report the accident to your insurer now, if you have not already.

2. Send any letter, claim form or court paper about the crash to your insurer the day it arrives.

3. Don't discuss fault with the rider, their family or their insurer. Refer them to your insurer.

4. Keep the report, your photos and the names of any witnesses.

5. Find your bodily-injury liability limit on your declarations page.

6. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. The rider has two years to file an injury claim under 42 Pa.C.S. § 5524, which covers “An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” A claim can arrive at any point in that window, which is why the insurer should hear from you now and not when papers come.