Motorcycle accidents are often more complicated than other types of vehicle collisions. Here’s a short overview from a motorcycle accident lawyer in Queens, NY, of some of the unique considerations that arise in motorcycle accident cases in New York.
No-Fault Doesn’t Apply to Motorcycles
New York state’s no-fault insurance laws do not apply to motorcyclists. In standard car accidents, New York’s no-fault insurance requires the injured party to file claims through their own insurance, regardless of who caused the accident. However, motorcyclists are excluded from this coverage. This means that if you’re involved in a motorcycle accident, you will need to file a claim against the at-fault driver to recover compensation for your injuries.
Higher Burden of Proof for Negligence Claims
To recover damages, the injured motorcyclist must prove that the other driver’s negligence caused the accident. This requires evidence such as witness statements, police reports, and expert testimony to support the claim. Motorcyclists are often subject to unfair bias in the eyes of insurance companies and juries. The common misconception that motorcyclists are inherently reckless can make it more difficult for them to prove that they were not at fault.
Serious Injury Threshold for Lawsuits
In New York, motorcyclists must meet a serious injury threshold to file a lawsuit for non-economic damages, such as pain and suffering. This means that you can sue for non-economic damages only if your injury meets certain criteria defined by state law. These criteria include significant disfigurement, broken bones, or any injury that limits the use of a body part or organ. These are far more common after motorcycle accidents than even in regular car accidents, so it’s often easier to qualify to bring a lawsuit after a motorcycle accident.
Helmet Laws and Liability
New York has strict helmet laws for motorcyclists, requiring all riders and passengers to wear approved helmets at all times. Failure to wear a helmet can complicate a legal claim if you are injured in an accident. Even if you are not at fault for the accident itself, failing to follow New York’s helmet laws may lead to a reduction in damages. This is particularly true if your main medical damages are related to head injuries.
Comparative Negligence in Motorcycle Accident Claims
In New York, personal injury cases, which include motorcycle accidents, follow a comparative negligence rule: if you are determined to be partly at fault for the accident, your compensation will be reduced by your percentage of fault. Motorcyclists must be aware of this rule because insurance companies often try to assign a portion of the blame to the rider.
To learn more about your legal options after a motorcycle accident, contact our Queens motorcycle accident attorneys at Simon & Gilman, LLP today. We can help you navigate the complexities of these less common but very serious cases and ensure that you receive the full compensation you’re entitled to.
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