New York is a no-fault state when it comes to car accidents but not motorcycle accidents. Personal Injury Protection (PIP) coverage from your auto policy will not cover your motorcycle injuries, whether or not you were at fault. You also face various legal responsibilities in an at-fault motorcycle accident.
When it comes to motorcycle accidents, an unfortunate stigma exists. Motorcyclists are often blamed for collisions even if they are only partly at fault. A NYC motorcycle accident attorney at Friedman Levy represents those involved in Manhattan motorcycle accidents, from Washington Heights to the Financial District and all points in between. We protect your rights and work to minimize your percentage of fault if the other party files a lawsuit against you.
What Does It Mean to Be At-Fault in a Motorcycle Accident?
At-fault motorcycle liability in New York means that your actions are primarily responsible for the collision. The most common reasons for being at fault involve disobeying traffic laws at the time of the accident. For instance, motorcycle accident fault laws in New York may hold you liable if you were:
- Aggressively or recklessly driving
- Driving under the influence of drugs or alcohol
- Improperly cornering
- Lane splitting
- Speeding
Your Immediate Legal Responsibilities in At-Fault Motorcycle Accidents
After an at-fault motorcycle accident:
- Call 911 immediately after a crash, no matter who may be at fault. You must remain at the scene of the accident. Leaving the scene of an accident is a crime.
- Obtain the name, address, and contact and insurance information of the driver involved. Check to see if anyone is injured.
- Report the accident to your insurance company as soon as possible. Do not make a recorded statement to the insurer before consulting an attorney. Insurance companies will use even an innocuous statement against you.
While not a legal duty, it is critical for any lawsuit filed against you to document the accident scene thoroughly. If possible, take photos or videos of the accident scene. Note the weather and road conditions. If there are eyewitnesses, get their names, addresses, and contact information.
How New York Determines Fault in Motorcycle Accidents
New York’s pure comparative negligence system determines the percentage of fault for all parties involved in the motorcycle accident. For instance, an investigation may reveal that the motorcyclist was speeding, but the other vehicle went through a red light. Of course, the reverse is also possible.
In a lawsuit, there are always four elements that must be proven in determining negligence:
- Duty of care: All drivers have a duty of care to obey the rules of the road.
- Breach of the duty of care: The driver breached that duty of care. Speeding or running a traffic light are examples of such a breach.
- Causation: The breach directly caused the motorcycle accident.
- Damages: The plaintiff suffered damages, such as medical bills, lost wages, and property damage. A personal injury lawsuit cannot be brought if no damages occurred.
How Insurance Adjusters Assess Fault
Insurance adjusters primarily address fault after reviewing police reports and other evidence. The police report contains the officer’s assessment of fault based on their observations at the scene. It also includes any citations issued.
Additional evidence may include:
- Surveillance video or auto dash cameras
- Eyewitness statements
- Statements of the driver and motorcyclist
Financial and Civil Responsibilities for At-Fault Riders
What happens if you are at fault in a motorcycle accident, money-wise?
New York’s Department of Motor Vehicles (DMV) makes it clear: “Under no circumstances may your motorcycle operate on public highways without liability coverage in effect.” Unlike other vehicles, motorcycles are registered for one year with all registrations expiring on April 30.
In New York, all motorcyclists must carry the following minimum in insurance coverage:
- $25,000 per person bodily injury
- $50,000 for total bodily injury when more than one person is hurt
- $50, 000 per death per person
- $100,000 for multiple fatalities
- $10,000 in property damage
Keep in mind that these are the minimum requirements. If you have significant assets, including owning a home, you may want to purchase additional coverage. Your motorcycle insurance does not pay the bills for your injuries, only for those you may have injured.
How New York’s Comparative Negligence Laws Affect You
Even if you were partially at fault in a motorcycle accident, you may still be able to receive compensation under New York’s pure comparative negligence law. Most states limit eligibility to receive compensation, or damages, to those who are under a 50 or 51 percent percentage of fault, as determined by insurer adjusters or a courtroom verdict.
In New York, you can theoretically file a personal injury lawsuit even if you are 99 percent at fault for the motorcycle accident.
Keep in mind that compensation is reduced by percentage of fault. For example, if you are deemed 40 percent at fault, a $100,000 settlement or award is reduced to $60,000.
What to Do If You Are Accused of Being At-Fault
Never admit to being at fault, even if you think you are. An investigation may reveal that factors unbeknownst to you contributed to the accident, such as a malfunction in the other vehicle. Describe the accident honestly to police officers, but do not apologize or otherwise claim responsibility.
Contact a NYC motorcycle accident attorney right away. Once you hire a lawyer, they will handle all negotiations and ensure you do not say something to an insurer that may inadvertently harm your claim.
How an Attorney Can Help You Navigate At-Fault Liability
Determining liability is complicated. At the same time that you may be recovering from a motorcycle accident, you must also deal with insurance companies or even criminal charges. An experienced New York motorcycle accident attorney at Friedman Levy can help navigate this complex liability maze via a thorough investigation. Schedule a free, no-obligation consultation today.
