In a motorcycle accident, the crash is likely to be caused by another driver. Motorcycle riders do what they need to to keep themselves safe on the road, often going above and beyond the law’s requirements. However, when other drivers fail to meet even minimum standards, they can be responsible for crashes.
If you were hit while riding a motorcycle, we can fight to get you full damages. New York law has restrictions on most auto accident lawsuits, but these do not typically apply to motorcycles, giving you the right to claim full damages after a crash.
For a free case review, call our motorcycle accident lawyers right away at The Martello Law Firm: (914) 685-6950.
Who is at Fault for a Motorcycle Crash?
While motorcycle riders are not perfect, and they can certainly be responsible for a crash, this is not particularly common. Motorcycle riders know that their skin is on the line if they crash, and this extra precaution often means the other driver is at fault.
Many crashes are caused by drivers making the same kinds of mistakes that cause any other crash:
- Speeding
- Failure to yield
- Tailgating
- Drunk driving
- Distracted driving
- Tired driving.
However, others are caused by issues unique to unsafe drivers causing motorcycle crashes:
- Failing to look out for smaller vehicles
- Not giving a motorcycle the full lane
- Passing too closely
- Not yielding to motorcycles
- Crowding or pushing out motorcycles in traffic.
Often, motorcycle riders need to drive differently to keep themselves safe – giving extra following distance, staying where other drivers cannot miss them – but even this extra work is not always enough to save you from another driver’s mistakes.
Do Motorcycles Use No-Fault Insurance in New York?
Most auto insurance in New York is no-fault insurance, but motorcycles are the exception.
In a typical no-fault case, you would get insurance coverage from your own insurance policy, and you can only reach past that to get pain and suffering from the at-fault driver if your injuries are “serious.” Motorcycles do not have no-fault policies, so this standard does not apply.
Instead, you can typically go after the defendant for damages after a crash, including getting pain and suffering damages. This applies whether your injuries are “serious” or less than that.
You may have additional coverages on your policy that can help you pay for injuries, such as Medpay coverage. However, you are not expected to exhaust this first like you would be with a no-fault policy.
Can I Sue for Motorcycle Crashes?
Because we are not restricted like with no-fault policies, you can typically turn to a lawsuit for any motorcycle injuries. This means you do not have to try to file an insurance claim first, though we usually will try that initially.
Our motorcycle accident lawyers can help you talk to the insurance companies and get your claim filed in an attempt to reach a settlement. If we can avoid having to go to court by settling with insurance, that makes your case quicker. However, this is not always possible, and we may need to go to trial if the insurance company refuses full coverage.
How Much is My Case Worth?
Insurance companies often fail to take your needs into consideration when estimating initial settlement offers. However, once we present them with proof of your damages, they may change their tune.
Ultimately, courts can award damages for any economic or non-economic harms caused by the accident. This can potentially award you with higher damages than the insurance company would agree to in a settlement, so it is important to review offers and get advice from your lawyer about whether to accept a settlement or go to court.
Many motorcycle accident cases claim the following damages:
- Medical expenses
- Lost earnings and wages (past and future)
- Pain and suffering
- Mental anguish
- Emotional distress
- Vehicle repairs/replacement costs
- Other expenses and bills related to the accident (hospital transportation, etc.).
Can You Be Held at Fault as a Motorcycle Rider in Mount Vernon?
Fault can be divided among multiple parties in a crash. Importantly, though, you can only get damages in an injury claim if you were hurt. This often means that, even if the motorcycle rider does share some of the blame, they are still the ones suing because the other driver does not need to recover anything.
When you are partially at fault, the court can reduce your total damages by your percentage of the fault. However, this is often a small share of the blame, and you can still get most of your damages awarded if you only did something small to contribute to the crash.
Ultimately, many crashes can be blamed fully on the other driver, allowing you to recover full compensation. Our lawyers can also make arguments and introduce supporting evidence to prove that you did not contribute.
How Do Helmets Affect Fault in a Motorcycle Accident?
Whether or not you were wearing a helmet might be a point of argument. However, a missing helmet does not change who caused the crash; it only changes how bad your injuries could have been.
This argument also does not apply to injuries outside of head and perhaps neck injuries. The defense cannot argue that your failure to wear a helmet caused your crash, and they certainly cannot argue it caused a broken leg or arm.
In a case like this, the evidence about the helmet should be blocked if it is irrelevant to the questions presented.
When Should I Call a Lawyer for a Motorcycle Accident?
You should call a lawyer for any accident case that involves injuries, time away from work to recover, and pain and suffering. Our attorneys can talk with you about the specifics of your case in a free case evaluation and tell you more about your options moving forward, so there is no risk to calling.
You should, however, act as soon as you can to get a lawyer on your side to avoid missing evidence and deadlines.
Call Our Motorcycle Accident Attorneys in Mount Vernon Today
For your free case evaluation, call The Martello Law Firm’s motorcycle accident attorneys at (914) 685-6950.
