Last year, the Governor's Traffic Safety Committee (GTSC) alerted New York residents about the rise in motorcycle crashes and related fatalities, urging both riders and motorists to stay alert in an effort to reduce the alarming number of accidents.
According to the latest report from the Institute for Traffic Safety Management and Research (ITSMR) at the University at Albany's Rockefeller College, 201 fatal motorcycle accidents occurred in New York in 2021, representing a 52% increase from 2019. Unfortunately, these crashes continue to happen today.
Reports showed that 55 motorcycle riders lost their lives last year in New York City alone. It was an all-time high. Authorities also revealed that motorcyclist injuries have increased by 33% in 2024, rising from 548 registered in 2023 to 728.
Although some motorcycle accidents are caused by the riders themselves, many result from another party's negligence. In these cases, victims can take legal action to hold them accountable and recover compensation for their damages. However, it's crucial to prove fault to achieve a favorable outcome.
This guide explains how motorcycle accident victims can prove fault if they're seeking compensation for a crash caused by someone else.
Insurance Requirements in New York
In New York, motorists and motorcyclists must carry insurance and meet the state's minimum coverage requirements, which are:
Bodily injury liability insurance coverage: It compensates for up to $25,000 in bodily injury and up to $50,000 for deaths resulting from an accident or up to $50,000 and $100,000 for bodily injury and fatality, respectively, if more than one person was involved in the motorcycle crash.
Property damage liability insurance coverage: It covers up to $10,000 for property damaged in a motor vehicle accident (including motorcycle crashes) caused by the policyholder.
Does the No-Fault Law Cover Motorcycles?
Many New Yorkers are familiar with the state's no-fault insurance law, but they may not know whether it applies to motorcycle accidents.
In short, it doesn't. Unlike cars, motorcycles aren't covered by the no-fault law. This means motorcycle riders cannot rely on their own insurance to cover their medical expenses and lost wages after an accident.
Instead, motorcyclists must file a personal injury claim against the at-fault party to recover compensation if they're harmed or sustain financial losses in an accident.
What Should Motorcycle Accident Victims Do to Recover Compensation?
After a motorcycle accident, it's crucial for the injured rider to take certain steps to protect their rights and seek compensation.
First, they should seek prompt medical attention, even if the injuries seem minor. Next, they should report the accident to the police and gather information from the other parties involved, including insurance and contact details.
Finally, consulting with an experienced motorcycle accident lawyer in New York is highly recommended. With the help of professionals, victims can maximize their chances of winning a case and recover the compensation they're entitled to.
An experienced personal injury attorney specializing in these crashes can help injured riders navigate the complex legal process of filing a motorcycle accident claim and help with how to prove fault in a truck accident in NY.
These lawyers can gather evidence to support the claim, such as photos of the scene, witness statements, and medical records. Furthermore, a skilled New York motorcycle accident attorney can negotiate with insurance companies and, if necessary, represent their client in court to fight for a fair settlement.
How to Prove Fault in a New York Motorcycle Accident Case
To recover compensation in a New York motorcycle accident case, the injured rider must prove the other party was at fault. This involves establishing the following elements:
Duty of care: The other party owed a duty of care to the motorcycle rider, meaning they had a responsibility to act reasonably and safely on the road.
Breach of the duty of care: The other party failed to uphold their duty of care, such as by running a red light, speeding, or driving under the influence.
Causation: The other party's breach of duty directly caused the motorcycle accident.
Damages: The motorcycle rider suffered damages as a result of the accident, such as medical expenses, lost wages, pain and suffering, and property damage.
What Happens If the Motorcyclist Is Partially Liable for the Accident?
In cases where a motorcyclist is partially at fault, the claim or lawsuit will be handled under New York's pure comparative fault laws.
The New York Pure Comparative Fault System
New York follows a pure comparative fault system. This means that even if the motorcycle rider is partially responsible for the accident, they can still recover damages.
However, their compensation will be reduced in proportion to their degree of fault. If a rider is found 20% responsible for their motorcycle accident injuries, this sum would be cut based on that percentage.
For example, in this scenario, if a motorcycle accident case is worth $200,000, plaintiffs will only recover $160,000.
What Can Victims Do in These Cases?
If motorcyclists think they're partially liable for the incident where they were injured, the first thing they should do is to seek help from a motorcycle accident lawyer in Long Island.
A skilled New York motorcycle accident attorney can gather evidence to minimize the rider's percentage of fault and maximize their compensation.
Lawyers can also negotiate with the other party's insurance company to ensure the rider receives a fair settlement based on the circumstances of the motorcycle accident.
Final Thoughts: Do Victims Need Help From a New York Motorcycle Accident Lawyer?
The aftermath of a motorcycle accident can be overwhelming. Injured riders often face physical pain, emotional distress, and financial hardship. Consulting with an experienced New York motorcycle accident lawyer can alleviate these burdens and help the rider protect their rights. They can also explain how to prove fault in a bicycle accident in NY.
A dedicated New York motorcycle accident lawyer can handle all aspects of the case, from gathering evidence and negotiating with insurance companies to representing the rider in court. This allows the injured motorcyclist to focus on their recovery while their attorney fights for their rightful compensation.
At The Law Office of Carl Maltese, we know that motor vehicle accidents can be catastrophic for motorcyclists. That's why we're ready to fight for their rights. People who have been injured in a motorcycle crash caused by someone else can count on us. Schedule a free consultation with our team today!
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