Schemery Zicolello

Motorcyclists' rights under Pennsylvania law

In popular culture, motorcyclists are sometimes portrayed as law-breaking, thrill seeking individuals. They are often seen racing down the highway as part of large and unrealistic biker gangs. However, the reality is that motorcyclists are often like any other drivers in Pennsylvania. They are just trying to get from one place to another as safely as possible.

The Pennsylvania law recognizes that motorcycles are no different from other cars and trucks in a lot of ways. Therefore, the law gives motorcycles the same rights and privileges as these other vehicles. Under section 3521 of the Pennsylvania Code, motorcyclists are granted all the duties and rights that any other driver has. Additionally, other drivers are restricted from doing anything that would prohibit the operation of a motorcycle or the safe view of a motorcycle operator.

Section 3523, gives motorcycles the right to the full use of any traffic lane. This section also prohibits other motor vehicles from impeding on a motorcycle's right to use a full traffic lane.

However, because of the unique nature of a motorcycle, Pennsylvania law also creates some restrictions on motorcycles and their operators. For example, despite their small size, motorcycles are not allowed to drive in between traffic lanes. Additionally, motorcycles cannot pass another motor vehicle in the same lane as that motor vehicle.

Pennsylvania laws, as this blog has discussed in previous posts, also require motorcyclists to wear certain protective equipment when riding. They also must have certain mechanical equipment, including a handhold, footrest and head lamps, in order to ride.

These laws are in place to help protect motorcyclists. If a driver failed to follow these or other driving laws, it could be a sign that the person was negligent. If a motorcycle accident occurs, motorcycle accident victims should ensure that a negligent driver is held responsible for the damage caused. Considering contacting an experienced attorney may help to in understanding a motorcyclist's rights following an accident.

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Commonwealth v. Candice Steinbacher – Motion for Judgement Acquittal Granted

Motion for Judgment of Acquittal for a Driving Under the Influence (DUI) prosecution was granted by Lycoming County President Judge Nancy L. Butts, after Attorney Kyle Rude argues that the Commonwealth could not prove Ms. Steinbacher was in actual physical control of a motor vehicle. Ms. Steinbacher was arrested after Williamsport City Police believed she switched seats with her boyfriend in order to avoid an arrest for DUI.

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