Understanding Your Rights as a Motorcyclist Is Critical in New York
Many people are seriously injured or killed in motorcycle accidents across New York and across the U.S. every year. According to the IIHS, “A total of 6,222 motorcyclists died in crashes in 2022. That is the highest number ever recorded and a 23% increase since 2019. Motorcycle deaths accounted for 15% of all motor vehicle crash deaths in 2022 and were nearly triple the number of motorcyclist deaths in 1997.” New York has some fairly complicated laws with respect to how motorcycle accident claims are adjudicated. Every motorcyclist in the state should understand these laws in order to protect themselves.
Motorcyclists Are Not Covered By No-Fault Insurance
New York is one of many states that relies on a no-fault insurance system. In other words, most accident victims will be able to recover for car accidents regardless of who is at fault. Every driver must obtain Personal Injury Protection (PIP) insurance.
But this coverage does not apply to motorcyclists. Motorcycle riders must either rely on their own health insurance coverage, pay their medical bills out-of-pocket, or file a lawsuit against the at-fault driver.
Lawsuits Can Result in Additional Compensation
Drivers who are covered by no-fault insurance are often limited in their ability to pursue damages through lawsuits. However, motorcyclists are able to pursue lawsuits, even when their injuries may otherwise be more minor.
This can allow injured motorcyclists to obtain compensation for all of the ways that their accident may have affected them. Available damages in these lawsuits will typically include pain and suffering, lost wages, and future medical expenses related to the injury.
Implications for Motorcycle Accident Restrictions
Motorcycles are required to obtain liability coverage. As stated earlier, this coverage will not include PIP insurance. Accordingly, motorcyclists may want to consider additional coverage to help in the event they are injured in a collision.
- Motorcyclists may want to consider Medical Payments (MedPay).
- Motorcycles should also consider Uninsured/Underinsured Motorist (UM/(UIM).
- Motorcyclists should consider comprehensive and collision coverage.
Motorcycles are less protective by their very nature. It is common for victims of these accidents to sustain catastrophic injuries that often result in very high medical bills. The insurance options listed above can help tremendously in the event of an accident.
Motorcycle Accidents Are Affected By Comparative Negligence Laws
Unlike accident victims who are pursuing compensation through PIP insurance, motorcyclists are affected by comparative negligence rules. In fact, comparative negligence can lower the amount of compensation a victim receives if they are partially at fault for any accident. For example, if a motorcyclist is awarded $100,000 and deemed to be 25% at fault, their award will be reduced to $75,000.
Getting Legal Help for New York Motorcycle Accidents
It can be hard to know where to begin if you’ve been injured in a motorcycle accident. These accidents often result in severe injuries and necessitate victims take expensive periods of time away from work. This is why it is so critical for accident victims to seek the guidance of an experienced New York motorcycle accident attorney.
If you or someone that you care about has been injured in a motorcycle accident, you may be entitled to damages. Our team of experienced New York motorcycle accident attorneys is here to help you. We are committed to helping accident victims get the medical and financial support that they are entitled to under the law. Whether you just have legal questions or are thinking about hiring an attorney, we are here to help. You can reach out to us anytime at (516) 908-9792.
