The motorcycle accident statistics in New York are alarming, with a 2023 report sharing a 52% increase in fatal motorcycle crashes since 2019. If you ask random strangers, Who is at fault in most motorcycle accidents? Most people will likely say the motorcyclist. However, this is often not the case. If you were recently the victim of a motorcycle accident in New York and are wondering what your legal options are, our experienced motorcycle accident lawyers can help.
How Does Fault Factor into Motorcycle Accident Claims?
Motorcycle accidents can involve multiple parties and multiple individuals at fault. Sometimes, it is clear that one individual is 100% at fault and the other is 0% at fault, but more often than not, it is not so clear-cut.
New York is a comparative negligence state, which means a motorcyclist can still recover compensation from the other party even if they are partially responsible for the accident. In other words, each party is assigned a percentage of fault. Courts reduce the plaintiff’s award by their percentage of fault. For instance, if the motorcyclist is 10% at fault for the accident, their award will be reduced by 10%. In New York, a plaintiff can recover damages if they are not 100% at fault; even if the rider is 90% at fault, they can still seek compensation, but the ultimate recovery will be limited to 10% of what the jury awarded.
New York No-Fault Insurance and Motorcycle Accidents
You might wonder if New York is a no-fault motorcycle accident state and how insurance affects your claim.
No-Fault Insurance
To understand how insurance can affect liability and compensation, you must first understand the general difference between an at-fault and a no-fault state. In an at-fault state, the driver responsible for the crash is liable for the damages. In a no-fault insurance state, each driver files a claim with their insurance carrier for payment of crash related medical expenses, wage loss and transportation expenses, regardless of who is at fault. New York and 12 other states have no-fault insurance systems in place.
Does the No-Fault law Apply to Motorcycle Accidents?
Although New York is a no-fault state, it generally only applies to passenger vehicles, not motorcyclists. Motorcycle riders are not eligible to have their medical bills paid by their insurance carrier, nor will their insurance company pay crash related loss of wage. It is critical that any motorcycle rider have adequate health insurance, so that they can seek treatment for their injuries. While injured motorcyclists can and should make a claim for damages against the at-fault vehicle’s insurance company, the claim must be proven and often will require strong representation to be successful.
Will my Health Insurance Carrier seek repayment from me if I settle my case?
If Medicare is paying the bills, the answer is yes. Federal law requires Medicare to be repaid from the monies obtained by an injured person as a result of a settlement or verdict in a personal injury case. An injured person who has Medicaid must repay Medicaid from the successful resolution of their lawsuit or injury claim. A federal law known as ERISA gives certain health insurance companies a right to seek reimbursement as well. Your attorney will explain how these laws can affect your case.
Protecting Yourself by Obtaining the Right Insurance before an accident
Because motorcycle drivers are at risk for sustaining terrible injuries in a crash, it is crucial that they have adequate liability insurance and consider purchasing additional coverage to protect themselves in the event of a collision with another vehicle, especially one that is not properly insured. Remember, the minimum liability coverage required in New York is only $25,000 per person and no more than $50,000 if multiple people are injured in an accident. Speak with your insurance agent to learn how a motorcycle owner can protect themselves by purchasing the proper amount of insurance coverage on their vehicle. You will never want to have to use this coverage, but will be very thankful that it is there in the event of a collision.
After an accident, your recovery is our priority—let us fight for the compensation you deserve. Contact us today.
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Common Causes of Motorcycle Accidents in New York
Understanding the common causes of motorcycle accidents in New York can help you better understand how to determine fault in the event of a crash.
New York motorcycle wrecks can happen for many reasons, but some of the most prominent causes include:
- Distracted driving (e.g., texting or talking on the phone);
- Speeding;
- Lane splitting (i.e., when the bike rides between lanes of slow or stopped traffic);
- Disobeying traffic laws and signals;
- Driving while intoxicated;
- Poor road conditions (e.g., potholes, cracked pavement, flooded streets);
- Inexperienced riders; and
- Car drivers who simply are not paying attention to the presence of a motorcycle.
Sometimes, the cause of the accident can make determining liability much clearer, while other times, it may still require an extensive investigation. For instance, if the other driver was found to be on drugs or driving while intoxicated, that driver is likely to be liable for the crash. Determining fault in a motorcycle accident can be challenging. Our team can help you.
Determining Fault in a Motorcycle Accident
Figuring out who is to blame for a motorcycle collision can take an in-depth investigation, and a plaintiff’s success often hinges on various factors in determining fault and proving it. Some factors you can look to help determine who caused the accident include:
- Violation of traffic laws;
- Actions before, during, and after the crash;
- Police and accident report;
- Eyewitness accounts;
- Physical evidence at the scene; and
- Expert analysis and accident reconstruction.
Evaluating these and other factors can help determine who is at fault and if you might be entitled to compensation. Our experienced attorneys will assess your case and provide you with a better understanding of what to expect.
New York Motorcycle Accident Attorneys
At Greenspan & Greenspan Injury Lawyers, we have over 30 years of experience helping accident victims seek the justice and compensation they deserve. Contact us today to schedule a no-cost, compassionate strategy session with one of our seasoned attorneys.
