Each year, the U.S. Department of Transportation, in partnership with the Motorcycle Safety Foundation, designates the month of May as Motorcycle Safety Awareness Month.
As warmer weather arrives, motorcycle riders return to the roads to enjoy the freedom and excitement of riding season. With increased traffic on the highways, it is essential for all motorists to remain alert and share the roads safely with motorcyclists. Riders should also understand their rights and be prepared for the unfortunate possibility of a motorcycle accident.
As a fellow rider, attorney Michael Stuermer understands the joy, responsibility, and potential risks that all motorcyclists face when they take to the highway. Michael has provided answers to the following frequently asked questions, regarding motorcycle accidents and safety, as a resource for fellow motorcycle riders.
Do I need a motorcycle accident lawyer in New York State?
You are not required to hire a lawyer in order to file a legal claim following a motorcycle accident. However, having an experienced motorcycle accident attorney can significantly improve your chances of recovering full compensation. Motorcycle accidents are often more complex than cases involving standard car accidents, and insurance companies frequently try to shift blame onto motorcycle riders. A skilled and experienced motorcycle accident attorney can investigate your case, protect your rights, and negotiate aggressively on your behalf.
What should I do immediately following a motorcycle accident?
Immediately following a motorcycle accident, if you are able, you should do the following:
- call 911 and seek medical attention;
- report the accident to police;
- take photos of the scene, vehicles, and injuries;
- obtain contact information from witnesses of the accident;
- avoid admitting any fault for the accident; and
- contact an experienced motorcycle accident lawyer before speaking with insurance companies.
How long do I have to file a motorcycle accident lawsuit in New York State?
If you are injured in a motorcycle accident in New York State, subject to certain exceptions, you generally, have:
- 3 years from the date of the accident to file a personal injury lawsuit; and
- 2 years for wrongful death claims.
However, if a government entity is involved as a negligent party, you may need to file a Notice of Claim within 90 days from the date the accident occurred.
Who is liable in a motorcycle accident case in New York State?
Liability in a motorcycle accident depends on who was negligent. Potentially responsible parties may include:
- the other driver;
- a vehicle owner, if different from the driver;
- a municipality, if unsafe road conditions contributed to the accident; and
- a manufacturer, if defective parts contributed to the accident.
It is important to have an experienced motorcycle accident attorney conduct a thorough investigation to identifying all liable parties.
How is fault proven in a motorcycle accident?
An experienced motorcycle accident lawyer should gather and present evidence to prove negligence in a case. Fault is established through an investigation and evidence such as police reports, witness statements, accident reconstruction, traffic camera or dashcam footage, and expert testimony.
Do motorcycle riders get no-fault insurance in New York State?
No, unlike car drivers, motorcycle riders in New York State are not covered by no-fault insurance. This means that if you are injured in a motorcycle accident in New York State:
a) your medical bills are not automatically covered by the motorcycle insurance policy for the occupied motorcycle; and
b) you must pursue a claim against the at-fault party to recover compensation, for among other things, the pain and suffering related to your injuries.
Can I recover compensation if I was partly at fault for a motorcycle accident in New York State?
Yes, if you were partly at fault for a motorcycle accident, you can still recover compensation for your injury. New York State follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault. However, your recovery will be reduced by your percentage of fault. For example, if you are found 25% responsible, your award is reduced by 25%.
Can I file a personal injury claim if I was not wearing a helmet at the time of a motorcycle accident?
Yes, you can still file a claim, even if you were not wearing a helmet at the time of a motorcycle accident. However, it is important to note:
a) New York law requires helmets for motorcycle riders; and
b) not wearing a helmet may reduce your compensation, especially if you suffered a head injury.
What is lane splitting? Is lane splitting legal in New York State?
Lane splitting occurs when a motorcycle rides between lanes of traffic. Lane splitting is illegal in New York State. If you were lane splitting at the time of a motorcycle accident, it may impact liability. However, it does not automatically prevent you from recovering compensation.
Can I sue a city or municipality in New York State for a motorcycle accident caused by road conditions?
Yes, you can sue a municipality if road conditions were at least partially the cause of your motorcycle accident. However, there are strict requirements. You must file a Notice of Claim within 90 days of the date of the accident. Also, you must conduct an investigation to prove the municipality was negligent in maintaining the road.
What compensation can I recover after a motorcycle accident?
If you are injured in a motorcycle accident, you may be entitled to compensation for:
- medical expenses;
- long-term care and disability (for severe injuries);
- lost wages;
- pain and suffering;
- rehabilitation costs;
- property damage; and
- loss of enjoyment of life.
What is the legal process if a motorcycle accident is fatal?
If someone is the victim in a fatal motorcycle accident, their estate may file a wrongful death claim. Generally, these claims must be filed within 2 years of the date of the accident. In a wrongful death claim, a victim’s estate can seek compensation for losses, including: funeral expenses, lost financial support, and loss of parental guidance.
Why are motorcycle accident cases treated differently from other automobile accidents in New York State?
In New York State, motorcycle riders are excluded from no-fault coverage. In addition, motorcycle accident injuries are often more serious, and insurance companies often argue that riders are at fault for reckless driving. It is important to have an experienced motorcycle accident attorney who knows how to navigate these challenges, handling your case.
If you would like any additional information regarding motorcycle accidents, contact Michael Stuermer at 716-570-3533 or mstuermer@lglaw.com.
