Motorcycle accidents in New York often have severe consequences, often resulting in injuries, extensive medical bills, and legal complexities. Understanding and knowing your rights and responsibilities as a motorcyclist is important when dealing with insurance claims and potential lawsuits. Below are answers to frequently asked questions about motorcycle accidents in New York to help riders navigate the legal landscape.

1. What Should I Do Immediately After a Motorcycle Accident in New York?

If you are involved in a motorcycle accident, taking the right steps will greatly impact your ability to recover compensation:

• Seek Medical Attention: Even if injuries seem to be minor, you need to get evaluated by a doctor to ensure proper treatment and document your condition.
• Call 911: Report the accident to the police. A detailed accident report will serve as valuable evidence.
• Gather Evidence: If possible, take photographs and videos of the scene, including vehicle positions, skid marks, road conditions, and injuries.
• Exchange Information: Get the insurance and contact details from other parties involved and obtain witness statements if available.
• Avoid Admitting Fault: Even casual statements can be used against you later. Stick to factual information.
• Consult an Attorney: A lawyer will help you navigate insurance claims and legal action if necessary.

2. What Are the Most Common Causes of Motorcycle Accidents in New York?

Motorcycle crashes often result from a combination of driver negligence, hazardous road conditions, and visibility issues. Some of the most common causes include:

• Driver Negligence: Motorists often fail to check blind spots or yield the right of way to motorcyclists.
• Left-Turn Accidents: Many collisions occur when vehicles make left turns in front of motorcycles at intersections.
• Lane Splitting: While illegal in New York, some riders engage in lane splitting, which increases accident risk.
• Poor Road Conditions: Potholes, uneven pavement, and debris pose a greater risk to motorcycles than to larger vehicles.
• Speeding and Reckless Driving: Excessive speed reduces reaction time and increases the severity of injuries.
• DUI: Impaired drivers pose a huge threat to motorcyclists.

3. Is New York a No-Fault State for Motorcycle Accidents?

New York follows a no-fault insurance system for standard vehicles, but motorcycles are exempt from no-fault coverage. This means that motorcyclists cannot file for Personal Injury Protection (PIP) benefits after an accident. Instead, injured riders must pursue compensation through the at-fault driver’s insurance or they can file a personal injury lawsuit.

Because of this exemption, motorcyclists often face greater financial challenges after a crash, making it even more important to have strong legal representation when seeking damages.

4. Do I Need to Wear a Helmet While Riding in New York?

Yes. New York has a universal helmet law that requires all motorcyclists and passengers to wear a Department of Transportation (DOT)-approved helmet. By not wearing a helmet, you increase the risk of severe injury and may also impact a rider’s ability to recover damages. If a motorcyclist suffers a head injury while not wearing a helmet, the defense may argue that their injuries were partially due to their own negligence, which can reduce potential compensation.

5. Can I Still Receive Compensation If I Was Partially at Fault?

New York follows a pure comparative negligence system, this means that even if you are partially responsible for an accident, you are still able to recover damages. However, your compensation will be lowered based on your percentage of fault. For example, if you are found to be 30% at fault, your total recovery will be reduced by 30%.

Insurance companies usually attempt to shift more blame onto motorcyclists to minimize payouts, which is why legal representation is highly beneficial in contested claims.

6. What Damages Can I Recover After a Motorcycle Accident?

Depending on the circumstances of the accident, injured motorcyclists can pursue compensation for:

• Medical Expenses: Includes hospital bills, surgeries, rehabilitation, and future medical costs.
• Lost Wages: Compensation for missed work and lost earning potential if injuries prevent future employment.
• Pain and Suffering: Covers emotional distress, trauma, and reduced quality of life.
• Property Damage: Repairs or replacement of the damaged motorcycle.
• Punitive Damages: In cases of extreme negligence, such as DUI-related crashes, courts may award punitive damages to penalize the at-fault party.

7. How Long Do I Have to File a Motorcycle Accident Lawsuit in New York?

The statute of limitations for motorcycle accident lawsuits in New York is generally three years from the date of the accident. However, if a government entity is involved, such as a crash caused by poor road maintenance, you may need to file a notice of claim within 90 days and initiate a lawsuit within one year and 90 days.

Failing to meet these deadlines often results in losing your right to seek compensation. Consulting an attorney early ensures all filings are completed within the required timeframes.

8. Do I Need a Lawyer for a Motorcycle Accident Claim?

While you are not legally required to hire an attorney, working with a lawyer significantly improves your chances of securing maximum compensation. Insurance companies often undervalue motorcycle claims, arguing that motorcyclists assume a higher risk by riding. An experienced personal injury lawyer can:

• Gather evidence to prove liability.
• Negotiate with insurance adjusters.
• Calculate the full extent of damages.
• Represent you in court if necessary.

Given the complexities of New York’s laws, having legal support is highly advisable, particularly in cases involving serious injuries or disputed liability.

9. What If the At-Fault Driver Is Uninsured or Underinsured?

If the driver responsible for the crash doesn't have sufficient insurance, you may seek compensation through Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This optional policy add-on allows you to recover damages when the at-fault party cannot cover your expenses.

If you do not have UM/UIM coverage, you may need to pursue a personal injury lawsuit directly against the at-fault driver. However, collecting damages from uninsured drivers can be challenging, as they may lack the financial resources to pay a settlement.

Conclusion

Motorcycle accidents in New York can lead to major consequences, and understanding your legal rights is essential to securing fair compensation. Since motorcycles are not covered under New York’s no-fault insurance laws, riders must take proactive steps to protect themselves, both through insurance coverage and legal action when necessary.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 
Contact us now for a free legal review.