With little protection from the impact of a collision, motorcyclists have a disproportionate risk of being seriously or fatally injured on the road. Motorcycle accident fatalities have increased dramatically, rising 50% in New York since 2019. If you or a loved one has been involved in a motorcycle accident, our Rockland County motorcycle accident attorneys at Kantrowitz, Goldhamer & Graifman can advocate for your rights. We proudly serve our local communities in New York and New Jersey.
Understanding NY Motorcycle Laws
Many laws have been enacted to reduce motorcycle accidents. New York motorcycle laws include:
- Helmet wearing
- Eye protection
- Insurance
- Designated passenger seat
- Daytime headlight use
- Handlebars being lower than the shoulders
- Motorcycle license
- No two motorcyclists in the same lane
- No lane splitting
- One headphone per helmet
You can follow all the rules, be a careful, responsible motorcyclist, and still suffer from an accident. Fortunately, our injury lawyers are experts in helping responsible motorcyclists fight for justice and compensation.
What Are the Causes of Motorcycle Accidents?
In the state of New York, some of the most common causes of motorcycle accidents include:
- Driving while intoxicated
- Poor training
- Riding unlicensed
- Manufacturing errors
- Reckless driving from other motorists
- Poor visibility and weather
- Left turn accidents
- Poor road conditions
- Lane splitting
Injuries from Motorcycle Accidents
Common injuries include the following:
- Brain trauma
- Concussions
- Fractures
- Paralysis
- Road rash
- Burns
Determining Fault in a Motorcycle Accident
Every personal injury case starts by identifying fault. Any motorcyclist pursuing a claim must have a legal team who can prove that the defendant was negligent, which resulted in the rider’s injuries. While New York state does have a no-fault law for car accidents, this does not apply to motorcycles. Many states, New York included, consider them significantly more dangerous than regular vehicles. However, motorcyclists are no more dangerous than other drivers. In fact, a collision is often caused by motorists driving aggressively, under the influence, or inclement weather.
Comparative Fault
New York would apply its “comparative fault” rule if you were partially at fault. This means that whatever percentage you were at fault for this accident will be deducted from your settlement. So, if you were responsible for 30% of the accident, that same amount would be reduced from the total. However, any evidence of potentially illegal behavior could be used against you, meaning you must have followed all of New York’s motorcycle laws at the time of the accident. However, your Rockland County motorcycle accident lawyerwill work hard to ensure that you bear little to no fault.
New York’s Statute of Limitations
The statute of limitations for most negligence actions is three years from the date of the accident. If a claim is to be made against any municipal entity there are notice of claim requirements and reduced periods within which to file suit. If there is a fatality and a “wrongful death” lawsuit is filed on behalf of the deceased’s estate, the statute of limitations is two years from the date of death.
Contact us for a Free Consultation
At Kantrowitz, Goldhamer & Graifman, we know motorcyclists can find themselves injured through no fault of their own. When you reach out to our office, we do everything in our power to build a winning case that helps you get your life back on track. Contact us today for a free consultation. There is no obligation to hire us afterward. And since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. We look forward to hearing from you.
