Motorcyclists in Delaware face a particular set of challenges. Other drivers often fail to see riders, the lack of an enclosed cabin means injuries are typically severe, and the public’s frequent bias against motorcyclists can make claims harder to resolve. A Delaware motorcycle case requires a clear understanding of how riders are treated under state law, how insurers approach motorcycle injury claims, and how to overcome the assumptions juries sometimes bring to these cases.
Schuster Jachetti LLP represents Delaware motorcyclists hurt in crashes throughout the state — from Route 1 and Coastal Highway to Route 13, Route 9, and the back roads of Sussex, Kent, and New Castle Counties. Joseph M. Jachetti has handled motorcycle injury cases for more than 25 years and worked a decade as an insurance claims adjuster before practicing law.
If you have been hurt in a motorcycle accident in Delaware, you may be able to pursue compensation. The information below explains how these cases work.
How Motorcycle Accidents Happen in Delaware
Most motorcycle crashes are caused by other drivers, not riders. Common scenarios include:
- Drivers turning left across an oncoming motorcycle’s path
- Drivers failing to see a motorcyclist in a blind spot during a lane change
- Rear-end strikes at red lights and stop signs
- Crashes at intersections on Route 1, Route 13, and Coastal Highway
- Drivers misjudging a motorcyclist’s speed or distance
- Road hazards — potholes, gravel, debris
- Distracted and impaired drivers
Common Injuries in Motorcycle Accidents
- Traumatic brain injury (TBI), even with a helmet
- Spinal cord injury and paralysis (see our spinal cord injury page)
- Road rash and severe abrasions
- Fractures, especially of the legs, arms, ribs, and pelvis
- Amputations
- Internal injuries
- Burn injuries
- Psychological injuries including PTSD
Who May Be Liable for Your Motorcycle Accident
- The other driver
- The other driver’s employer if they were on the job
- A government entity in cases involving road defects, in limited circumstances
- A vehicle or motorcycle component manufacturer in product liability cases
- A repair shop or mechanic in maintenance-error cases
How Delaware Law Applies to Motorcycle Cases
- Helmet law (21 Del. C. § 4185): Delaware does not require most adult riders to wear helmets, although riders under 19 must wear them, and a helmet must be carried on the bike at all times. Since 2023, newly-endorsed riders (within their first two years of holding a motorcycle endorsement) must wear a helmet regardless of age, as must any passenger riding with them. Failure to wear a helmet does not bar recovery, but insurers sometimes try to use it to argue comparative fault for head injuries. We push back against this argument.
- Modified comparative negligence (10 Del. C. § 8132): Recovery barred only if the rider is more than 50% at fault.
- Statute of limitations (10 Del. C. § 8119): Two-year limit.
- UM/UIM: Your motorcycle policy’s UM/UIM coverage may apply when the at-fault driver is uninsured or underinsured.
- Punitive damages: Available in cases involving impaired or reckless driving.
Damages You May Be Able to Pursue
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering (see our pain and suffering guide)
- Property damage to the motorcycle and gear
- Loss of consortium
- Punitive damages where supported
We never promise a specific dollar amount.
How Insurance Companies Handle Motorcycle Cases
Insurers often approach motorcycle claims with built-in skepticism, leveraging stereotypes about riders to argue contributory fault and minimize damages. They sometimes use the absence of a helmet, the type of bike, or rider apparel as a basis to push down value. Joseph Jachetti’s adjuster background means he understands those tactics from the inside. We build motorcycle cases around the facts — speed analysis, sight-line analysis, witness statements, and reconstruction where appropriate — to neutralize bias and present the case clearly.
Steps to Take After a Motorcycle Accident in Delaware
- Call 911 and accept full medical evaluation
- Document the scene, the bike, the other vehicle, and the road
- Get witness contact information
- Preserve your gear and helmet — they are evidence
- Report to your own insurance, but do not give a recorded statement to the other driver’s insurer
- Save all medical and repair records
- Do not sign any release
- Contact a Delaware personal injury attorney
See our full post-accident guide.
Frequently Asked Questions
I was not wearing a helmet — can I still recover?
Yes. Delaware does not require adult riders to wear helmets, and the lack of a helmet does not bar recovery. We push back when insurers try to use it as a fault argument.
How long do I have to file a motorcycle claim in Delaware?
Generally two years from the date of the accident under 10 Del. C. § 8119. How Long Do I Have to File a Personal Injury Claim in Delaware.
What if I was partially at fault?
Delaware uses modified comparative negligence — you may still recover if you are 50% or less at fault, reduced by your percentage. Can I Still Sue if I Was Partially at Fault for an Accident in Delaware.
How much does a Delaware motorcycle accident lawyer cost?
Schuster Jachetti LLP works on a contingency fee basis. How Does the Contingency Fee Work for Delaware Personal Injury Cases.
What is my motorcycle case worth?
It depends on injuries, fault, and available coverage. Read about how cases are valued.
Schuster Jachetti LLP Serves Delaware Clients Statewide
From our four Delaware offices — Wilmington ((302) 966-8684), Smyrna ((302) 775-0728), Georgetown ((302) 877-9524), and Lewes ((302) 527-9513) — we represent injured Delaware riders across the state.
Talk to a Delaware Motorcycle Accident Lawyer Today
If you have been injured in a motorcycle crash in Delaware, call us at (302) 984-1000 for a free consultation. Joseph M. Jachetti, Delaware Bar #003744, has handled cases like yours for over 25 years.
Free Motorcycle Accident Consultation
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.