Motorcycles are designed for the open road, but motorcyclists heading out across state lines must be aware of motorcycle fault state laws. For instance, before navigating Manhattan on your motorcycle, it is important to know about motorcycle accident fault laws in New York.
Friedman Levy NYC motorcycle accident lawyers know how fault is determined after an accident and will investigate your case and collect to minimize your liability. Obtaining legal counsel as soon as possible after a motorcycle accident at which you are at fault is crucial. The faster we can gather evidence that may lower your percentage of fault, the better for your case.
Why Motorcycle Fault Laws Vary Across the United States
Motorcycle fault laws vary across the country based on state attitudes about issues from helmets to mufflers to geography. There is no federal uniform code for motorcycles, so states can devise their own regulations when it comes to equipment regulations.
For example, in Illinois, Iowa, and New Hampshire, motorcyclists are not subject to any helmet laws. Other states only require helmets for those under age 21. In some states, such as New York, wearing a helmet is mandatory and not doing so can lead to a $100 fine and up to 30 days in jail.
Or, while mufflers are required in most states, some prohibit the use of items that raise noise levels.
Fault-Based vs. No-Fault States
For insurance purposes, states operate on a fault-based or no-fault system. Keep in mind that motorcyclists are generally not eligible for the no-fault system in such states. That is why motorcycle coverage is separate from an auto insurance policy.
What Is a Fault-Based (Tort) System?
In a fault-based system, the driver at fault is responsible for paying the medical expenses and property damage of someone they hit. The plaintiff can sue the defendant for pain and suffering. Motorcyclists are virtually always subject to a fault-based system based partly on long-held biases against them.
What Is a No-Fault System?
In a no-fault system, insured motorists carry Personal Injury Protection (PIP) insurance, which pays for their medical expenses up to a certain amount. It does not matter who was at fault for the accident, unless the injuries were severe.
Currently, there are 12 no-fault-based states, along with three states requiring drivers to carry PIP on their insurance. The no-fault states are:
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Utah
How Comparative Negligence and Contributory Negligence Work
Every state adheres to a certain negligence standard. Comparative negligence standards divide damages into the percentage of fault held by both parties. Contributory negligence is “all or nothing.” A person who is even one percent responsible for the accident cannot file suit.
Pure Comparative Negligence States
Roughly a dozen states, including New York and California, use a pure comparative negligence rule. Legally, the plaintiff can be as much as 99 percent at fault, but can still sue the defendant for that one percent.
The pure comparative negligence states are:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
South Dakota uses a hybrid negligence system. The slight/gross system allows drivers slightly at fault for the accident can still recover damages from the other driver. However, the determination of “slight” is made by a judge or jury, not by a set definition.
Modified Comparative Negligence States
Most states use a modified comparative negligence standard. Depending on the state, a plaintiff can only sue for damages if they are less than 50 or 51 percent at fault.
Contributory Negligence States
Only four states and Washington, D.C. operate under a pure contributory negligence doctrine. This means that, in Alabama, Maryland, North Carolina, and Virginia, if a plaintiff is even 1 percent responsible for the accident, they cannot recover damages.
At-Fault Motorcycle Accident Laws in New York
For cars and trucks, New York operates under a no-fault system when it comes to accidents. Motorcyclists are not covered under the no-fault system.
What Happens If Your Accident Occurred Out of State?
If your motorcycle accident occurred in another state, you are subject to that state’s laws. For instance, while New York is a pure comparative negligence state, a foray over a bridge or tunnel to New Jersey puts you in a modified comparative negligence state. In a comparative negligence motorcycle accident, anyone who is more than 50 percent at fault cannot file a personal injury lawsuit.
How a New York Motorcycle Accident Lawyer Can Help
If you are at-fault in a motorcycle accident anywhere in Manhattan, you need the services of an experienced New York motorcycle accident lawyer at Friedman Levy.
If you live in New York but have had an out-of-state motorcycle accident, we can explain which statutes apply to you. Schedule a free, no-obligation consultation today.
