Delaware Motorcycle Laws: Helmets, Insurance and Fault Rules

Delaware does not have a universal helmet law. Riders and passengers up to age 19 must wear a helmet, and so must newly endorsed riders and their passengers for the first 2 years.
Every rider must carry an approved helmet and wear approved eye protection.
Most Delaware injury lawsuits, including wrongful death claims, must be filed within 2 years.
Delaware bars recovery only if your negligence is greater than the defendant's or the combined negligence of all defendants. At 50% or less, you can recover.
Delaware does not cap compensatory damages in an ordinary motorcycle injury case.

Delaware has a partial helmet law with a rule many riders miss: every rider must carry a helmet, even when the law does not require wearing it. This guide explains the main Delaware motorcycle laws and what they mean if you are hurt in a crash, with links to sources so you can check each point yourself.

Delaware motorcycle rules of the road

Helmets and eye protection

Under 21 Del. C. section 4185, every person operating or riding as a passenger on a motorcycle must have a safety helmet approved by the state in their possession and must wear approved eye protection. The helmet must also be worn in these cases:

anyone up to 19 years of age, whether operating or riding as a passenger, and
anyone newly endorsed to operate a motorcycle, and any passenger riding with them, for the first 2 years after the endorsement.

The statute sets a civil or administrative assessment of $25 to $50 for noncompliance. Riders 19 and older with more than two years of endorsement are not required to wear the helmet they carry.

Other riding rules

The same section requires the operator to keep at least one hand on the handlebars at all times when moving, and to ride sitting astride the seat, facing forward, with one leg on each side. Delaware law does not authorize lane splitting or lane filtering, which means riding between lanes of slowed or stopped traffic.

Insurance

Delaware requires motorcycle owners to carry liability insurance of at least $25,000 for bodily injury to one person, $50,000 per accident and $10,000 for property damage. Those limits can be small compared with a serious motorcycle injury, so check your own policy for uninsured and underinsured motorist coverage and for medical payments coverage.

Delaware motorcycle accident law

The deadline to file is 2 years

Under 10 Del. C. section 8119, most personal injury actions must be brought within 2 years from the date the injury is sustained. A wrongful death action under section 8107 must also be brought within 2 years. Different rules can apply to minors and to claims against government bodies, so ask a lawyer about your exact situation.

Deadlines matter. Missing the deadline usually ends the claim, however strong the evidence is. If a public body may share the blame, for example for a road defect, notice and immunity rules can apply, so act quickly.

Modified comparative negligence

Under 10 Del. C. section 8132, your own negligence does not bar recovery unless it is greater than the negligence of the defendant or the combined negligence of all defendants. Any damages you receive are reduced in proportion to your share of fault.

20% at fault: you can recover, reduced by 20%.
50% at fault: you can still recover, reduced by 50%.
51% at fault: recovery is barred.

As an illustration only, if damages are valued at $100,000 and a jury assigns you 30% of the fault, your recovery would be reduced to $70,000.

Do not guess about fault. Because a finding above 50% can end a claim, avoid statements such as "I might have been going too fast" to an insurer or at the scene. Stick to the facts and talk to a lawyer before giving a recorded statement.

Damages

Delaware does not set statutory caps on compensatory damages in an ordinary motorcycle injury case. When two or more people's negligence combines to cause a single injury, they can be jointly and severally liable.

Helmets and your claim

Many adult riders are not required to wear a helmet in Delaware, but every rider must carry one and wear eye protection. An insurer may argue that not wearing a helmet, or not wearing eye protection, contributed to the crash or made an injury worse. Keep your helmet and eyewear after a crash and ask a lawyer how these arguments would be handled in your case.

What to do after a motorcycle crash in Delaware

Get medical care promptly and describe every symptom, even ones that seem minor.
Photograph the scene, your bike, your gear and your injuries.
Save camera footage from a helmet cam, a dash cam or nearby businesses.
Keep your helmet, eyewear, jacket and damaged gear instead of throwing them away.
Collect witness names and ask for the police report number.
Do not discuss fault with the other driver's insurer until you have spoken with a lawyer.
Write down your deadline and keep itemized bills and records.

When to talk to a lawyer

A free consultation can help you understand your deadlines, your insurance options and how the fault rule may be argued. If you decide to hire someone, confirm that the lawyer is licensed in Delaware, ask for the fee agreement in writing and understand how case expenses are handled before you sign.

Frequently asked questions

Do I have to wear a helmet in Delaware?

Riders and passengers up to age 19 must, and so must newly endorsed riders and their passengers for the first 2 years. Other riders must carry an approved helmet but are not required to wear it.

Is eye protection required in Delaware?

Yes. Every operator and passenger must wear approved eye protection.

Is lane splitting legal in Delaware?

Delaware law does not authorize lane splitting or lane filtering.

How much insurance does a motorcycle need in Delaware?

At least $25,000 for bodily injury to one person, $50,000 per accident and $10,000 for property damage.

How long do I have to file a motorcycle accident lawsuit in Delaware?

Generally 2 years for personal injury under 10 Del. C. section 8119, and 2 years for wrongful death under section 8107.

Can I recover if the crash was partly my fault?

Yes, as long as your negligence is not greater than that of the defendant or the combined negligence of all defendants. Your damages are reduced by your percentage of fault.

Sources and references

21 Del. C. § 4185, Operating or riding as a passenger on a motorcycle; helmet and eye protection requirements (law.justia.com)
Laws of Delaware, amendment of 21 Del. C. § 4185 (2023) (legis.delaware.gov)
Nolo, Delaware personal injury laws and statutes of limitations (nolo.com)
Nolo, Delaware car accident laws (nolo.com)