New York Motorcycle Accident Lawyer
Every year there are numerous accidents between motorcycles and vehicles that result in serious injury or death. Unfortunately, the public, and potential jurors, may hold a bias against motorcyclists and believe that they assumed the risk of injury, which may complicate any potential claim or lawsuit.
Unlike most automobiles, motorcycles have very few safety features to protect their riders in the event of a collision. As a result, most motorcycle accidents lead to significant injuries that would otherwise be relatively harmless to other cars or vehicles.
In many cases, these accidents occur because of the reckless or negligent actions of another party. Fortunately, motorcyclists may be entitled to pursue compensation for any damages they incurred. An experienced New York motorcycle accident lawyer could answer your questions and help you pursue the compensation you are entitled to. Reach out to a skilled personal injury attorney today.
How No-Fault Insurance Law Affects Motorcycle Accidents
The insurance and liability rules in New York are different for motorcycles than for automobiles. A motorcycle is not considered a motor vehicle, according to the New York No-Fault Law. Thus, a motorcyclist is not a covered person and may not be entitled to medical and lost wage benefits that standard vehicles are eligible for.
On the other hand, motorcyclists injured in an accident are not subject to the serious injury threshold. Meaning, the victim can bring a claim against the offending driver, even for minor injuries that would typically not pass the No-Fault threshold.
Since the No-Fault law usually does not apply to motorcycles, it is not necessary for the operator to prove a serious injury in order to be compensated for their injuries and other damages sustained. For more information, consult with a motorcycle accident lawyer in New York.
What Are “No Contact” Motorcycle Accidents?
A driver can be held liable for the injuries of a motorcyclist, even if there was no direct contact. As with most lawsuits or claims arising over traffic incidents, the key issue is whether or not the driver was acting negligently at the time of the accident.
Negligence refers to the failure of exercising reasonable care. When that failure ends up harming another driver, pedestrian, or motorcyclist, the negligent person can be held liable for damages.
In the context of a motorcycle accident case, all motor vehicle operators owe a duty to obey traffic laws and maintain a standard of care while on the road. “No contact” motorcycle accidents are similar to any kind of traffic accident.
However, the issue is not whether the two vehicles crashed, but whether the driver acted negligently. If the negligence of a driver causes a motorcyclist to crash, the driver will be held liable, even if there was no physical collision.
There is a time limit for how long victims have to file a lawsuit in civil court, known as the statute of limitations. In New York, the statute of limitations for motorcycle accidents is three years from the date of the injury. After three years have passed, the court system may refuse to hear the case, and the victim’s right to compensation may be lost.
Talk to a New York Motorcycle Accident Attorney Today
Motorcyclists often face numerous difficulties establishing the cause of the crash and determining the liability of negligent drivers. A seasoned New York motorcycle accident lawyer could help evaluate your claim and fight for the compensation that truly reflects the severity of your injury. To learn more, call our team today.
