Motorcycle accidents can result in devastating injuries, extensive property damage, and complex legal questions about who is at fault. If you or a loved one has been involved in a motorcycle crash, you may be wondering about liability in a motorcycle crash and your legal options for seeking compensation.
Here are answers to some frequently asked questions about who is at fault in a motorcycle accident.
What Are the Most Common Causes of Motorcycle Accidents in New York?
Some of the leading causes of motorcycle collisions include:
- Cars making left-hand turns in front of oncoming motorcycles
- Drivers changing lanes without seeing a motorcycle in their blind spot
- Vehicles rear-ending motorcycles
- Hazardous road conditions like potholes, loose gravel, or uneven pavement
- Defective motorcycle parts or improper maintenance
- Driving under the influence of drugs or alcohol
- Distracted driving, such as texting behind the wheel
- Speeding or reckless driving by either the motorcyclist or other motorists
Determining the cause is crucial for establishing fault and liability. An experienced motorcycle accident attorney can investigate to uncover how the crash happened and who is responsible.
How Is Fault Determined in a New York Motorcycle Accident?
New York employs a “comparative negligence” system when determining fault in motorcycle accidents. This means that each person involved in the accident is assigned a percentage of blame based on their actions.
A motorcyclist can still receive compensation even if they are partially at fault, as long as their fault doesn’t exceed 50%. However, their compensation will be reduced proportionally to their level of fault.
For example, let’s say a jury determines that a motorcyclist suffered $100,000 in damages after a crash with a car. However, they also find the biker 30% at fault for speeding.
In this case, the motorcyclist’s awarded damages would be reduced by 30% to $70,000.
Insurance companies and courts look at evidence like police reports, eyewitness statements, accident scene photos, and expert analysis to determine the percentage of fault for each party. A knowledgeable motorcycle accident lawyer can build a strong case showing the other party was primarily responsible for the crash.
What if I Wasn’t Wearing a Helmet During My Motorcycle Accident?
New York law requires all motorcyclists to wear a helmet that meets federal safety standards. Failure to wear a DOT-approved helmet can impact your injury claim after an accident, even if the other driver was clearly at fault.
The defense may argue your head injuries would have been less severe or avoided altogether if you had worn a helmet. This can reduce your compensation amount.
However, lack of helmet use has no bearing on injuries to other parts of your body. You can still pursue full damages for harm like road rash, biker’s arm, leg injuries, etc.
If you have questions about how helmet use affects your specific case, consult with a skilled motorcycle accident attorney. They can advise you on the best legal path forward.
Can I Still Get Compensation if My Motorcycle Wasn’t Insured?
To ensure adequate financial protection while riding a motorcycle in New York, you must carry minimum liability insurance coverage of:
- $25,000 per person for bodily injury liability
- $50,000 per accident for bodily injury liability
- $10,000 for property damage liability
Unfortunately, if you didn’t have insurance at the time of your accident, your options for compensation may be limited, even if the other driver is at fault. However, you may still have legal recourse in certain situations, such as:
- The at-fault driver was uninsured or underinsured
- You were a passenger on someone else’s uninsured motorcycle
- A defective motorcycle part caused your crash
- Your accident was caused by poorly maintained roads
A New York motorcycle accident lawyer can review the specifics of your case to determine if you have grounds for a claim, even without motorcycle insurance. Many personal injury attorneys, including those at the CEO Lawyer Personal Injury Law Firm, offer free initial consultations.
Who Can Be Held Liable For A Motorcycle Accident?
Depending on the circumstances, one or more parties may be at fault for a motorcycle wreck, including:
- Other drivers on the road, whether in a passenger vehicle, truck, bus, etc.
- The motorcycle operator, if their negligence contributed to the crash
- Motorcycle manufacturers, if a defective bike part led to the accident
- Mechanics who improperly serviced the motorcycle
- Government entities responsible for road design, construction, and maintenance
- Employers of at-fault drivers who were on the job at the time of the crash
A savvy motorcycle crash attorney will identify all potentially liable parties to maximize your compensation. They’ll thoroughly investigate the accident, gathering evidence to build a compelling case against those responsible.
What Compensation Can I Get for a Motorcycle Accident That Wasn’t My Fault?
If you’ve been hurt in a motorcycle accident caused by someone else’s negligence, you may be entitled to damages for:
- Medical bills, including future anticipated treatment costs
- Lost wages from missing work during your recovery
- Reduced future earning capacity from disabling injuries
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Property damage to repair or replace your motorcycle
The exact value of your claim depends on factors like the severity of your injuries, your medical prognosis, the amount of insurance coverage available, and the strength of the evidence showing the other party is at fault. An experienced motorcycle accident lawyer can give you a more precise estimate of your case’s worth.
What if I Was Hit by an Uninsured Or Underinsured Driver?
Motorcycle crashes involving uninsured or underinsured motorists present special legal challenges. Uninsured drivers lack any insurance coverage, while underinsured drivers have policies with limits too low to fully compensate you for your injuries and losses.
In this situation, you may need to turn to your own insurance. Under New York law, motorcyclists can purchase optional supplementary uninsured/underinsured motorist (SUM) coverage.
If you have this coverage on your motorcycle insurance policy, you can file a claim with your own insurer for damages that exceed the at-fault party’s insurance limits up to the amount of your SUM coverage.
If you don’t have SUM coverage or the policy limits are inadequate, you may need to file a personal injury lawsuit directly against the uninsured/underinsured driver. However, many such drivers have limited assets, making it difficult to collect a judgment.
An experienced motorcycle accident lawyer can assess your case and identify all possible avenues for maximizing your compensation.
What Should I Do After a Motorcycle Accident to Protect My Rights?
Taking the right steps after a motorcycle crash can make a big difference in your health, well-being, and legal case. Here’s what to do to safeguard your right to compensation:
- Move to a safe area off the road, if possible. Don’t remove your helmet or safety gear.
- Call 911 to report the accident and request emergency medical help.
- If you’re able, take photos of the accident scene, damage to the vehicles, and your injuries.
- Get names and contact info for the other driver and any eyewitnesses.
- Give the police your side of the story for the accident report, but don’t apologize or admit fault. Simply state the facts.
- See a doctor as soon as possible to diagnose and document accident-related injuries. Follow your treatment plan.
- Notify your insurance company of the accident, but don’t give a recorded statement or accept a settlement without legal advice.
- Preserve evidence like your damaged motorcycle, bloody clothing, and medical records.
- Watch what you say to the other driver and their insurer, and limit discussing your accident on social media.
- Contact an experienced motorcycle accident lawyer to review your case and pursue maximum compensation on your behalf.
Why Should I Hire a Motorcycle Accident Lawyer?
Motorcycle accident cases are complex, high-stakes legal matters. The liable party’s insurance company will try to pay out as little as possible, often using tactics like shifting blame onto the injured biker or downplaying the severity of injuries.
Without strong representation, you risk walking away with far less than you need and deserve – or nothing at all.
An aggressive motorcycle accident attorney at the CEO Lawyer Personal Injury Law Firm will fight back against the insurance company’s tricks and traps. We’ll handle every aspect of your claim, including:
- Independently investigating the crash
- Identifying all potential sources of compensation
- Documenting your injuries, damages, and future needs
- Filing paperwork and meeting important deadlines
- Negotiating with the insurer for maximum settlement value
- Taking your case to trial if the insurance company won’t agree to a fair payout
Studies show that accident victims who hire lawyers consistently recover more than those who try to handle their own claims. Motorcycle accident lawyers also typically work on a contingency fee basis, meaning there are no upfront costs, and you only pay if they win money for you.
Our New York motorcycle accident attorneys have a track record of winning top-dollar results for injured bikers and their families. We offer free consultations to review your case and advise you of your legal options.
Contact us today at (516) 689-1132 to speak with a member of our team and see how we can help you after a serious motorcycle crash that wasn’t your fault. We’re here to hold the liable parties accountable and pursue the justice and compensation you deserve.
