In New York City motorcycle accident cases, negligence must be proven by showing that another party, often a motorist, failed to exercise reasonable care and that this failure caused the crash and resulting injuries. Common examples include speeding, failing to yield the right of way, distracted or impaired driving, or opening a vehicle door into the path of an oncoming motorcycle. Evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction may be used to establish fault.
Trust our team of motorcycle accident attorneys at Friedman, Levy, Goldfarb, Green & Bagley to thoroughly investigate your claim to establish negligence. We have successfully helped riders in Manhattan, Brooklyn, the Bronx, and throughout New York City and Long Island recognize the low-ball offers and other tactics used by insurance companies to settle cases for less than they are worth. Call today to schedule a free consultation.
The Four Elements of Negligence
To recover compensation after a motorcycle accident in New York, the injured motorcyclist (the plaintiff) and their legal team must prove the four elements of negligence:
- Duty of care: Motorists have a legal duty to operate their vehicles with reasonable care and to follow New York traffic laws to avoid harming others on the road. This duty extends to motorcyclists, pedestrians, bicyclists, and other drivers.
- Breach of the duty of care: A breach occurs when a driver fails to act as a reasonably prudent driver would under similar circumstances. In motorcycle accident cases, this may include behaviors such as speeding, failing to yield the right of way, distracted driving, impaired driving, or opening a vehicle door into the path of an approaching motorcycle.
- Causation: The plaintiff must show that the driver’s breach of duty directly caused the accident and the resulting injuries. For example, if a driver fails to check for oncoming traffic before turning left and collides with a motorcycle, that negligent action may be considered the cause of the crash.
- Damages: The injured motorcyclist must have suffered measurable losses as a result of the accident, such as medical expenses, lost income, pain and suffering, or property damage.
How the No-Fault Exclusion Impacts Motorcycle Accident Lawsuits in New York
Because motorcycles are not covered under New York’s no-fault insurance system, accident claims involving motorcycles are handled differently from most car accident cases. Under Section 5102(f) of the New York Insurance Law, motorcyclists and their passengers are not eligible to receive Personal Injury Protection (PIP) benefits for medical expenses or lost income through either their own insurance policy or the policy of the at-fault driver.
Instead, injured motorcyclists generally must pursue compensation by filing a claim or lawsuit against the responsible party. As a result, successfully recovering damages often depends on proving the four elements of negligence.
Key Evidence That Helps Prove Fault in a NYC Motorcycle Accident
Determining fault in a New York City motorcycle accident often requires gathering and analyzing multiple forms of evidence. Because, as noted above, motorcyclists must prove negligence to recover compensation, strong documentation and objective evidence can play a key role in establishing what happened and who was responsible.
Key evidence includes:
- Police accident report: Responding officers typically document the scene, identify the parties involved, note possible traffic violations, and may include diagrams or initial assessments of fault. This report can provide an important starting point for understanding how the crash occurred.
- Witness statements: Testimony from independent witnesses who saw the collision can help confirm how the accident happened, especially in cases where the motorist involved provided conflicting accounts.
- Traffic camera or surveillance footage: Video from nearby traffic cameras, businesses, or residential security systems may capture the accident or the events leading up to it, providing objective evidence of driver behavior.
- Photographs and videos from the scene: Images of vehicle damage, skid marks, road conditions, debris, and the surrounding environment can help reconstruct the sequence of events and support claims about how the crash occurred.
- Vehicle damage and accident reconstruction evidence: The location and extent of damage to the motorcycle and other vehicles can help accident reconstruction experts determine factors such as speed, direction of travel, and point of impact.
- Cell phone records: If distracted driving is suspected, phone records may show whether a driver was texting, calling, or using apps at the time of the crash.
- Medical records and injury documentation: Medical evaluations and treatment records help connect the accident to the cyclist’s injuries, supporting claims for damages.
Collecting and preserving this evidence as soon as possible after a motorcycle accident can be critical to building a strong claim and demonstrating how another driver’s negligence caused the crash.
New York Pure Comparative Negligence Rule
New York follows a pure comparative negligence rule when determining liability in personal injury cases. Under this standard, an injured person may pursue compensation even if they are partially responsible for the accident. However, any recovery is reduced by the percentage of fault assigned to them.
For example, if a motorcyclist is found to be 30 percent at fault for an accident and the total damages amount to $100,000, their compensation would be reduced by that percentage, resulting in a recovery of $70,000.
Because fault can be shared between multiple parties, determining the degree of responsibility for each party is an important part of a motorcycle accident claim in New York.
Schedule a Free Consultation
If you were seriously injured in a motorcycle accident due to another party’s negligence, you need the services of experienced NYC Injury Lawyers at Friedman, Levy, Goldfarb, Green & Bagley. Schedule a free, no-obligation consultation today. We’re here to help. Since we work on a contingency basis, you pay no fee unless we win compensation for your damages and losses.
