Riding a motorcycle can be thrilling, but accidents happen. In some of these collisions, the assignment of fault isn’t clear-cut. In fact, both parties could share some legal responsibility for a crash. You may wonder if you can still recover damages after you are found to be partially at fault for a motorcycle accident. In New York, the law follows the principle of comparative negligence. This law allows you to receive compensation even when you share responsibility for the crash. However, the amount of money you can recover depends on the percentage of fault assigned to each party.
In this post, we’ll explore the basics of comparative negligence in motorcycle crashes, discuss practical steps to take if you find yourself in this situation, and explain why working with an experienced attorney can make all the difference in protecting your right to compensation.
Understanding Fault and Negligence in Motorcycle Accidents
Motorcycle accidents can have a range of causes and happen in a variety of circumstances. Sometimes, a driver runs a red light and strikes a rider who has the right of way. Other times, the motorcyclist and car driver might have both contributed to the crash. For example, if the rider was speeding and the driver failed to check a blind spot before changing lanes, a court could find them both liable by varying percentages.
Negligence is the legal concept underpinning fault in most vehicle collisions. A person is negligent when they fail to fulfill their duty to act with reasonable care, and that failure results in harm to someone else. Proving negligence requires establishing four elements:
- Duty of care. Every driver on the road has a legal duty to operate their vehicle or motorcycle responsibly.
- Breach of duty. The court could conclude that a driver breached their duty of care if they failed to act as a responsible person would have acted under the same or similar circumstances.
- Causation. The driver’s breach of duty must have caused or significantly contributed to the accident.
- Damages. The victim must have suffered financial losses, such as medical expenses, lost wages, or pain and suffering as a result of the crash.
When you are partially at fault for a motorcycle accident, the adjusters must investigate to determine what percentage of fault is yours. Did you breach your own duty of care? If so, by how much? They will assess what percentage of the fault lies with you.
Comparative Negligence Basics in New York
Different states follow different legal rules when it comes to dividing fault. Some states adhere to a modified comparative negligence rule, which can bar recovery if you’re found more than 50% at fault. Others, including New York,follow pure comparative negligence. Under pure comparative negligence:
- The court or an insurance adjuster will assign a percentage of fault to each party,
- You can recover damages even if you’re 99% at fault,
- Your total compensation is reduced by your percentage of fault.
Imagine you have $100,000 in damages from accident-related medical bills, lost earnings, and pain and suffering. If a jury finds you 20% at fault, you can still recover 80% of your damages, or $80,000. Conversely, if you’re 70% at fault, you could recover $30,000.
It’s not always easy to assign fault percentages accurately. Insurance companies often try to push a higher percentage of fault onto the injured rider to minimize how much they have to pay. That is where a strong legal strategy and solid evidence come into play.
The Importance of Evidence in a Motorcycle Accident
Proving that the other party deserves most of the blame requires substantial evidence. Some key forms of evidence include:
- Police report—official documentation of the crash, including witness statements and preliminary findings on fault;
- Accident scene photos—images of skid marks, damage to vehicles, weather conditions, and traffic signals;
- Expert testimony—accident reconstruction expert’s analysis of speeds, points of impact, and other data;
- Vehicle data—electronic system recordings and other metrics used to pinpoint fault; and
- Eyewitness statements—other witness statements on what they saw leading up to the accident.
Collecting this evidence promptly is critical. Over time, skid marks fade, witnesses become more challenging to find, and memories can grow cloudy. The earlier an investigation begins, the stronger your case will likely be.
Statute of Limitations and Other Considerations
Be aware that New York has strict deadlines for filing personal injury lawsuits. You typically have three years from the accident date to file a claim. Missing that deadline can result in losing your right to pursue compensation altogether. However, the rules can vary if a government entity is involved or if the accident led to someone’s death, so it’s best to consult an attorney to pinpoint your case’s timeline.
Another consideration is insurance requirements. New York is a no-fault state for most vehicle accidents but not for motorcycles. Therefore, riders do not benefit from no-fault coverage. That means you typically must seek compensation from the at-fault driver’s insurance or file a lawsuit.
Why Choose Greenspan & Greenspan?
Since 1959, Greenspan & Greenspan Injury Lawyers has been dedicated to helping injured victims of negligence in New York. We understand cases often involve shared liability, and we have many decades of experience helping our clients navigate comparative negligence motorcycle crash cases. We strive to take the legal burden off you, as we know you are dealing with painful injuries and financial stress.
By working with us, you can expect:
- Hands-on representation. We’re committed to handling every detail, from gathering evidence to negotiating with insurers so that you can focus on your recovery.
- Local insight. With decades of experience in New York law, we know what strategies resonate in local courts and how to handle insurance adjusters who operate here.
- Proven results. We’ve secured millions of dollars in compensation for clients. Our track record shows that we don’t shy away from tough cases or complex fault scenarios.
- Open communication. We’ll keep you informed at every step and provide clear answers whenever you have questions or concerns.
We believe that sharing responsibility for an accident doesn’t have to stand between you and a just outcome.
Contact a New York Motorcycle Accident Lawyer Today
Being involved in a motorcycle accident can be a traumatic event, especially when you realize you may bear some responsibility. Despite the challenges of such cases, state law allows you to seek compensation for your injuries. Don’t let an insurance company convince you that your share of fault completely disqualifies you from recovering damages.
If you are ready to discuss your case, contact Greenspan & Greenspan Injury Lawyers today for a free consultation. Let us help you navigate the road to recovery.
