Motorcyclists enjoy the same rights to use the roads as anyone else. It’s written into the laws of most states. But car, truck, and bus drivers often ignore the legal protections afforded to motorcyclists, putting them in danger of deadly accidents.
Here’s an overview of the laws that protect bikers in Pennsylvania, New Jersey, and Florida, the ways other motorists violate them, and how an experienced local motorcycle accident lawyer can pursue justice and compensation for a rider injured in a crash.
Laws Protecting Motorcyclists in PA, NJ, and FL
The Pennsylvania, New Jersey, and Florida motor vehicle codes guarantee numerous rights, privileges, and protections for motorcyclists. The sections below cover some of the most critical components of those laws that keep bikers safe in each state. New Jersey’s rules of the road contain far fewer provisions specifically addressing motorcycle use than Pennsylvania’s and Florida’s (which are broadly similar).
Pennsylvania Laws Protecting Motorcyclists
- General statement of motorcyclist’s rights: “Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle.”
- Right to occupy full traffic lane: “All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.”
- Right to park: “[A] local ordinance may not prohibit nor cite as a violation the parallel or angle occupancy by one or more motorcycles in any parking space on any highway otherwise available for parking for other individual vehicles, provided that the space occupied by one or more motorcycles does not exceed the space within which a single vehicle must park.”
- Safe passing: “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall stay to the left of the other vehicle until safely clear of the overtaken vehicle.”
- Following too closely: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.”
- Yielding right-of-way when turning left: “The driver of a vehicle intending to turn left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute a hazard.”
- Anti-dooring rule: “No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic.”
New Jersey Laws Protecting Motorcyclists
- General statement of motorcyclist’s rights: “Every person operating a motorcycle upon a public road or highway shall be subject to all of the duties applicable to the driver of a vehicle under [the New Jersey motor vehicle code].”
- Safe passing: “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.”
- No tailgating: “The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.”
- Yielding right-of-way when turning left: “The driver of a vehicle within an intersection intending to turn to the left shall yield to a vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.”
Florida Laws Protecting Motorcyclists
- General statement of motorcyclist’s rights: “Any person operating a motorcycle … shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter.”
- Designation of motorcyclists as vulnerable road users: Provides for enhanced penalties if a motorist causes a crash that injures or kills a motorcyclist.
- Right to occupy full traffic lane: “All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane.”
- Safe passing: “The driver of a vehicle overtaking another vehicle proceeding in the same direction must give an appropriate signal… must pass to the left thereof at a safe distance, and must not again drive to the right side of the roadway until safely clear of the overtaken vehicle.”
- Following too closely: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.”
- Yielding right-of-way when turning left: “The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard.”
- Anti-dooring rule: “No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic.”
The Many Ways Motorists Can Endanger Bikers
The laws outlined above protect motorcyclists by requiring them to treat them with the same care and respect as any other road user. But unfortunately, car, truck, and bus drivers don’t always follow them. Many motorcyclists can tell stories about how the driver of a larger vehicle endangered them by violating traffic laws. Here are some common examples.
Left Turn Accidents
Left-turn crashes are among the most common threats to bikers. According to the National Highway Traffic Safety Administration (NHTSA), roughly four in 10 (42 percent) fatal motorcycle accidents in a recent year involved a vehicle turning left into the path of a motorcycle.
Turning left in a manner that triggers a motorcycle crash violates a biker’s right-of-way. Drivers should yield to an oncoming motorcycle or one passing to their left. When they don’t, it’s usually an indication they failed to keep track of traffic conditions or did not register the presence of a motorcycle in their line of sight (a phenomenon known as inattentional blindness).
Regardless of why drivers make unsafe left turns in front of motorcycles, their actions make them at fault for the subsequent crash. A skilled motorcycle accident lawyer can hold them accountable for the biker’s injuries.
Unsafe Passing
Pennsylvania and Florida legislators had good reason to guarantee motorcycles the right to occupy an entire traffic lane. Historically, numerous motorcycle accidents happened when cars, trucks, or buses attempted to squeeze past a motorcycle in a single lane of traffic, sideswiping bikes or running them off the road.
Most drivers today know they can’t legally do that. But unsafe passing of motorcycles still happens. Even in zones where drivers can pass a motorcycle legally, they too often leave insufficient space between their vehicle and the bike or pass at unsafe speeds that risk destabilizing the rider and causing a wreck.
Motorcyclists who lose control and crash when a car, truck, or bus unsafely passes them have the right to seek compensation from the at-fault driver and possibly others. A skilled motorcycle accident lawyer can handle getting them money for their injuries.
Tailgating
Laws in all states, including Pennsylvania, New Jersey, and Florida, prohibit motorists from following another vehicle too closely. But as many motorcyclists know, cars, trucks, and buses frequently trail them far too close for comfort. Some drivers misjudge the distance they need to leave between their front bumper and a motorcycle ahead. But others follow too closely out of an irrational disrespect for motorcyclists.
Whatever the reasons, tailgating a motorcycle is extremely dangerous. It risks causing a rear-end collision that could throw a biker from the saddle or trap them under the larger vehicle. Often rear-end collisions involving motorcycles result in tragic, preventable fatalities.
Riders who get hurt in rear-end collisions triggered by a tailgating driver can sue for money damages. Speak with an experienced motorcycle accident attorney today if that happened to you or a motorcyclist you love.
Dooring Accidents
Pennsylvania and Florida sought to protect motorcyclists and other vulnerable road users by enacting statutes governing when vehicle occupants can safely open a car door. The laws target dooring accidents, in which a vehicle occupant opens a door into the path of an approaching rider who cannot avoid a collision. Doorings can cause severe injuries and fatalities.
Traffic safety advocates encourage vehicle occupants to minimize the risk of doorings by adopting a technique called the Dutch reach. Reaching across the body to pull a door handle forces a vehicle occupant to turn their shoulders, increasing the chances that they’ll see a motorcyclist or other rider approaching from behind.
Motorcyclists injured in doorings can hold vehicle occupants legally responsible, especially in states like Pennsylvania and Florida that have specific anti-dooring laws on the books. An experienced motorcycle accident injury lawyer can obtain compensation for them.
Why to Hire a Motorcycle Accident Lawyer
Victims of motorcycle accidents have rights to receive compensation for their losses, especially when an at-fault motorist causes the crash by violating a state traffic law. But it’s one thing to have a right to compensation and quite another to secure payment. You need a skilled motorcycle accident lawyer to handle your claim to obtain maximum monetary damages for a motorcycle crash.
Your Rights to Compensation
In Pennsylvania, New Jersey, and Florida, motorcycle accident victims can claim compensation for physical, emotional, and financial harm they’ve suffered, including:
- Medical and other accident-related expenses
- Past and future loss of income and job benefits
- Physical pain and emotional suffering
- Diminished quality of life
Similarly, if a motorcycle accident takes a biker’s life, in all three states, the victim’s next of kin can seek compensation for their losses by pursuing a wrongful death lawsuit claiming:
- Loss of the victim’s income, services, or financial support
- Loss of the victim’s companionship, consortium, or guidance
- The victim’s pain and suffering before dying
- Emotional suffering of a surviving spouse, child, or parent (in Florida only)
- The victim’s medical and other accident-related expenses before death
- Funeral and burial costs
Compensation isn’t guaranteed. But the most reliable means of obtaining as much money as possible is to hire a skilled motorcycle accident lawyer.
What a Motorcycle Accident Lawyer Can Do
A motorcycle accident lawyer’s primary job is to take all necessary steps to secure maximum compensation for a biker's losses in a wreck.
For example, depending on the circumstances, an attorney for a motorcycle accident victim can:
- Investigate the crash to determine how it happened and whether an at-fault motorist broke any traffic laws;
- Analyze insurance coverage for the victim’s injuries;
- Handle all dealings with insurance companies;
- Answer a client’s questions and advise them on critical decisions;
- Pursue legal action, including insurance claims and lawsuits, seeking damages for the victim;
- Negotiate settlements of the victim’s claims when possible;
- Advise the victim whether to accept or reject settlement offers;
- Go to court to make the biker’s case to a judge and jury.
You can afford to hire a motorcycle accident attorney. Lawyers for injured bikers offer free consultations and represent their clients on contingency, meaning they only get paid if they deliver results.
Contact a Motorcycle Accident Lawyer Today
If you or someone you love sustained injuries in a Pennsylvania, New Jersey, or Florida motorcycle accident, you may recover significant financial compensation from an at-fault motorist or another liable party. To learn more, contact a personal injury lawyer in your area for your free case evaluation.
Gabriel Levin - Owner/Founder
Gabriel Levin is a highly experienced and award-winning attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters and tried hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Attorney Levin personally handles every aspect of each case and maintains open communication with his clients throughout. He has secured millions in compensation, making him a smart choice for those seeking legal representation.
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