Brad Tabakin – Motorcycle Accident Attorney

• 3525. Protective equipment for motorcycle riders.
  1. Protective headgear.–Except as provided in subsection (d), no person shall operate or ride upon a motorcycle or a motor-driven cycle (other than a motorized pedalcycle) unless he is wearing protective headgear which complies with standards established by the department.
  2. Eye-protective devices.–No person shall operate or ride upon a motorcycle (other than a motorized pedalcycle or a three-wheeled motorcycle equipped with an enclosed cab) unless he is wearing an eye-protective device of a type approved by the department.
  3. Approval of equipment.–The department may approve or disapprove protective headgear and eye-protective devices required under this section and may issue and enforce regulations establishing standards and specifications for the approval of the headgear and devices. The department shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved.
  4. Exception.–The provisions of subsection (a) shall not apply to the following:
     1. The operator or any occupant of a three-wheeled motorcycle equipped with an enclosed cab.
     2. A person 21 years of age or older who has been licensed to operate a motorcycle for not less than two full calendar years.
     3. A person 21 years of age or older who has completed a motorcycle rider safety course approved by the department or the Motorcycle Safety Foundation.
     4. The passenger of a person exempt under this subsection if the passenger is 21 years of age or older.

(Feb. 15, 1980, P.L.12, No.8, eff. imd.; July 8, 1986, P.L.432, No.90, eff. 60 days; July 6, 2003, P.L.19, No.10, eff. 60 days)
Cross References. Section 3525 is referred to in section 3314 of this title.

• 3522. Riding on motorcycles.
  1. Use of seat by operator and passengers.–A person operating a motorcycle shall ride only upon the permanent and regular seat attached to the motorcycle, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. In no event shall a passenger sit in front of the operator of the motorcycle.
  2. Method of seating.–Unless in a sidecar, a person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
  3. Articles carried by operator.–No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars.
  4. Interference with operation.–No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

After a motorcycle accident, you have several rights to protect yourself and ensure fair treatment. These rights include:

• Right to safety and medical care: Your safety and well-being are paramount. You have the right to receive immediate medical attention for injuries sustained in the accident. If you can, ensure that anyone involved in the accident also receives necessary medical care.
• Right to information: You have the right to obtain information about the accident, including the names and contact information of other parties involved, insurance details, and any police reports or accident documentation.
• Right to file a police report: In many jurisdictions, including Pennsylvania, you have the right to file a police report for the accident. This report can be crucial for documenting the incident and may be required by your insurance company.
• Right to legal representation: You have the right to consult with and retain a lawyer to represent your interests. An experienced attorney can help you understand your rights, navigate the legal process, negotiate with insurance companies, and, if necessary, represent you in court.
• Right to seek compensation: If another party’s negligence or misconduct caused the accident, you have the right to seek compensation for damages. This may include medical expenses, lost wages, property damage, pain and suffering, and other related costs.
• Right to due process: Under the law, you have the right to due process. Any legal proceedings related to the accident must follow established rules and procedures, and you have the right to a fair and impartial resolution of your claim.
• Right to privacy: Privacy laws protect your medical records, personal information, and communications with your attorney. You also have the right to confidentiality and to control who has access to your information.
• Right to appeal: If you disagree with an insurance company’s decision or the outcome of a legal proceeding, you generally have the right to appeal the decision and seek a reconsideration or review of your case.

It is important to note that your rights after a motorcycle accident can vary depending on factors such as the jurisdiction where the accident occurred, the nature of the accident, and the applicable laws. Consulting with a lawyer can provide personalized guidance and ensure your rights are protected throughout the process.