Motorcycle Accident Law in New York State
Understanding the Laws That Govern Motorcycle Crashes in New York
This guide provides an introduction to a motorcycle operator’s legal rights in New York State.
In the case of motorcycle crashes, riders are not covered under New York Insurance Law, also known as the “No-Fault Law.” Article 51 states that entitlement of first party benefits goes to “The named insured and members of his household, other than occupants of a motorcycle….” As such, motorcyclists do not receive no-fault insurance benefits in the State of New York.
However, under state law, injured motorcyclists may be able to file a claim to recover compensation if another party’s negligence led to their accident. With the help of an experienced New York accident attorney, the victim can file a claim against the party responsible for the crash, seeking damages for both economic and non-economic losses. If the motorcycle accident lawsuit is successful, the injured rider may be awarded compensation for medical expenses, lost wages, and pain and suffering, among other damages.
Motorcycle Crashes: Determining Liability
According to New York law, more than one individual or entity can be held accountable for a motorcycle crash. Commonly, motorcycle accident liability rests with the driver of the passenger vehicle, as most crashes result from a driver’s failure to recognize a rider in traffic. Government entities can also be held accountable for motorcycle accident injuries if they fail to correct dangerous potholes or neglect to post necessary road signs. Lastly, if a defective motorcycle part causes a crash, the manufacturer or other entity in the chain of commerce may be liable for any resulting injuries.
Process of Filing a Motorcycle Personal Injury Claim
Upon taking a case, the attorneys at Block O’Toole & Murphy will launch a prompt investigation of the accident, collect relevant evidence and interview witnesses. Once liability for the accident has been established, we will team up with medical and financial professionals to determine the amount of compensation needed to cover the victim’s current and long-term expenses.
At our firm, we understand that motorcycle riders are more susceptible to serious injuries than those riding in passenger vehicles, and will work hard to ensure they receive maximum compensation for their injuries.
Unfortunately, there is sometimes a stigma against motorcyclists in collision cases, even though statistics show that a large percentage of these crashes occur when the vehicle driver violated the motorcycle rider’s right of way. The Defendant’s lawyers will often argue against the motorcyclist or lessen the impact of the injuries. Working with a personal injury lawyer that has experience in motorcycle cases will help you win your case against the defendant.
Block O’Toole & Murphy has won a number of cases for injured motorcyclists. Some recent results include:
- $14 Million Verdict for an injured motorcyclist who was struck by a truck. The defense argued that the motorcycle rider was riding negligently, but the attorneys at Block O’Toole & Murphy rightly showed that liability rests with the Defendant.
- $2.45 Million Recovery for a man who suffered brain injury as a result of a collision while riding his Harley Davidson.
- $2.3 Million Settlement for man who can no longer go back to work after a motorcycle crash.
If you’ve been injured in a motorcycle accident because of another party’s negligence, our attorneys will fight for the compensation you deserve. Contact us today for a FREE evaluation of your claim. Serving the boroughs of Manhattan, Bronx, Queens, Brooklyn, Staten Island, and all of New York State.