Riding a motorcycle in New York can be an exhilarating experience, but it also comes with its own set of risks. According to data from the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 27 times more likely to die in a crash than occupants of passenger cars. In New York, motorcycle accidents account for a significant percentage of traffic fatalities each year. To protect motorcyclists and ensure that they receive fair compensation for their injuries, New York has specific laws governing motorcycle accidents.
Here’s what you need to know about New York’s motorcycle accident laws.
Helmet Laws
In New York, all motorcycle riders are required to wear a helmet. The helmet must meet the safety standards set by the Department of Transportation (DOT). Failure to wear a helmet can result in a fine and points on your driver’s license.
Comparative Fault
New York follows a comparative fault system when it comes to determining liability in a motorcycle accident. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 25% at fault, your compensation will be reduced by 25%.
No-Fault Insurance
New York is a no-fault insurance state, which means that regardless of who caused the accident, each driver’s own insurance company is responsible for paying their medical expenses and lost wages up to a certain amount. However, if you have suffered a serious injury that meets the state’s threshold for a “serious injury,” you may be able to pursue a claim against the at-fault driver for additional damages.
Statute of Limitations
In New York, you have three years from the date of the accident to file a personal injury lawsuit. If you fail to file within this time period, you may lose your right to seek compensation.
Right of Way
Motorcycle riders have the same rights and responsibilities as other drivers on the road. This means that they must follow traffic laws and yield the right of way when required. Failure to do so can result in liability for any resulting accidents.
Lane Splitting
Lane splitting, which involves riding a motorcycle between lanes of traffic, is illegal in New York. Doing so can result in a fine and points on your driver’s license.
Damages
If you are involved in a motorcycle accident in New York, you may be able to recover damages for your medical expenses, lost wages, pain and suffering, and property damage. To do so, you will need to file a claim with the at-fault driver’s insurance company or file a personal injury lawsuit.
Motorcycle Insurance Requirements
New York also requires all motorcycle riders to have liability insurance coverage. This coverage is mandatory and provides financial protection if you are found to be at fault in an accident. The minimum coverage requirements in New York are $25,000 for bodily injury to one person, $50,000 for bodily injury to multiple people, and $10,000 for property damage.
Uninsured/Underinsured Motorist Coverage
It’s important to note that not all drivers on the road carry adequate insurance coverage. To protect yourself in the event of an accident with an uninsured or underinsured driver, you may want to consider purchasing uninsured/underinsured motorist coverage. This type of coverage can provide additional compensation for your injuries and damages if the at-fault driver does not have enough insurance to cover your losses.
Seeking Legal Help
If you have been involved in a motorcycle accident in New York, it’s important to seek legal help as soon as possible. An experienced personal injury attorney can help you navigate the legal process and ensure that you receive fair compensation for your injuries and damages. They can also help you deal with insurance companies and negotiate a settlement that fully covers your losses.
Friedman & Ranzenhofer, PC is a personal injury law firm that specializes in helping clients who have been involved in motorcycle accidents in New York. Our experienced attorneys can help you understand New York’s motorcycle accident laws and how they apply to your case. Here are some ways we can help:
Investigating the Accident: Our attorneys can conduct a thorough investigation of the accident to determine who was at fault and gather evidence to support your case.
Negotiating with Insurance Companies: We can negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries and damages.
Pursuing a Lawsuit: If necessary, we can file a personal injury lawsuit on your behalf to seek additional compensation for your losses.
Providing Legal Advice: Our attorneys can provide you with legal advice and guidance throughout the legal process to ensure that your rights are protected and that you receive the best possible outcome for your case.
At Friedman & Ranzenhofer, PC, we understand the unique challenges that come with motorcycle accidents and are committed to helping our clients receive the compensation they deserve. If you have been involved in a motorcycle accident in New York, contact us today to schedule a free consultation and learn more about how we can help with your case.