When a motorcycle crash occurs, it isn’t always clear who’s responsible. Multi-vehicle collisions and accidents where both motorists share fault are two possible scenarios that would need a thorough investigation by a motorcycle accident attorney in New York.
If you suffered injuries in a motorbike collision, talk to a New York motorcycle accident lawyer immediately. A legal professional will let you know who should cover your losses and the type(s) of compensation you may pursue.
Why Do Motorcycle Accidents Happen?
In 2023, 55 people lost their lives in motorcycle accidents in NYC. Moreover, a safety study has shown that NYC motorcyclists suffer fatal crashes twice as often as riders in other parts of the state.
Motorcycle rides may end in injuries or fatalities because of:
- Speeding
- Distracted riders or drivers
- Failing to keep enough distance from other vehicles
- Careless lane switching
- Drugs and alcohol
Navigating a motorcycle through dense urban areas like NYC is even trickier because of heavy traffic, unexpected pedestrian crossings, and the large number of e-scooters and bicycles.
Who Is Responsible in a Motorcycle Crash?
As a rule, the at-fault party in motorbike collisions is the one whose actions caused the accident. This often involves neglecting motorcycle safety rules by engaging in speeding, sudden swerving, or lane splitting (the latter is illegal in NY).
In some cases, it’s obvious who caused the accident. For example, if a motorcyclist was speeding and failed to give right of way, proving negligence should be straightforward with enough evidence. In other situations, the fault may be split between both motorists involved in the collision.
The responsibility may also fall on:
- A driver who suddenly moved lanes and caused a motorcyclist to swerve to avoid an accident
- A pedestrian who crossed in an undesignated area
- The City of New York, if the accident happened because of a pothole or another defect in a public road
- The motorbike manufacturer, if a defective part caused the accident
- A motorcycle delivery person’s employer, if the crash happened while the rider was on the job
In some cases, a New York motorcycle accident lawyer may recommend that you file separate claims against several parties.
How To Prove Your Claim
According to Injury Facts, motorcycles only make up 3% of registered vehicles in the U.S. but account for over 14% of traffic fatalities. Small vehicle size and lack of protection make motorcycle riders more vulnerable to catastrophic accidents.
If a motorcycle collision left you with long-term or permanent injuries, you may need lifelong care. You may also be unable to work. To prove your losses and establish a claim against the liable insurance company, your New York motorcycle accident lawyer may lean on evidence like:
- Photos and videos from the collision site
- An official accident report
- Dash cam or traffic camera footage
- Witness statements
- Medical records linking your injuries to the accident
What If You’re Partially At Fault?
Let’s say you were riding above the speed limit when another motorcyclist or driver suddenly moved into your lane. You lost control and crashed. The other motorist now claims your speeding contributed to the accident. How would that influence your claim?
Since New York is a pure comparative negligence state, you may still seek compensation for your injuries if you were partially responsible for the accident. Your settlement would adjust proportionally to your percentage of fault. For example, if your accident-related losses equal $200,000 but you were 30% responsible, you’d only collect $140,000 (i.e., 70% of the amount you could claim otherwise).
No-Fault Insurance and Motorcycles in NY
As a rule, New York is a no-fault state for auto accidents. When an accident happens, the injured driver’s personal injury protection (PIP) provides quick coverage, no matter who caused the accident.
Motorcycles are one notable exception to this rule. Since PIP insurance isn’t available to motorcyclists in NY, they can’t count on automatic coverage after an accident. Instead, they must pursue a claim directly against the liable motorist’s insurance. Motorcyclists can also turn to their health insurance or MedPay for help with medical bills.
Why You Need a Motorcycle Accident Attorney in New York
When you file an accident claim, the insurance adjuster will usually try to settle it for as little as possible. They may dispute the extent of your damages, pressure you to accept a lowball offer, or even deny your claim altogether.
Working with a New York motorcycle accident lawyer gives you far more leverage during settlement negotiations. You’ll likely receive a much better offer from the insurance company, even accounting for lawyer fees. Moreover, personal injury lawyers usually receive their payment only when you collect your compensation, so you won’t have to worry about upfront costs.
Talk to a Motorcycle Accident Lawyer in Queens, NY
Did a motorcycle accident turn your life upside down? Understanding motorcycle accident laws will help protect your rights.
Call us at Elliot Ifraimoff & Associates, PC, to talk to a skilled New York motorcycle accident lawyer. Our seasoned legal team will review your case and walk you through the steps of filing a claim. Schedule a free consultation today.
FAQ
How much time do I have to file a motorcycle accident claim in NY?
You must usually take legal action within three years of the accident. The statute of limitations may be extended in some cases. For example, if you were a minor when the accident happened, you can file a claim until three years after you turn 18.
How soon will my claim settle?
It depends. Straightforward claims may settle within months, while complex, contested motorcycle accident cases could take years.
Will my case go to court?
The vast majority of motorcycle accident claims settle out of court. However, you may have to move forward with a lawsuit if the liable party denies your claim and/or refuses to make a reasonable settlement offer.
When should I contact a motorcycle accident attorney in Queens, NY?
Ideally, as soon as possible after the collision. The faster you act, the easier it will be for your New York motorcycle accident lawyer to gather evidence and build a powerful claim.