In a motorcycle accident, a rider can still pursue a personal injury claim to recover compensation for losses and damages, even if you were partially at fault. New York operates under a pure comparative negligence standard regarding liability. Under this standard, you can still receive compensation as long as you’re not 100 percent at fault. However, any award is reduced by your percentage of fault as determined by a judge or jury.
Contact Us Today and Maximize Your Compensation
The New York City motorcycle personal injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. will fight for the maximum damages you deserve for your injuries. 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.
Pure Comparative Negligence in New York
New York operates on a pure comparative negligence standard regarding liability. Many states have a modified comparative negligence standard, in which a party who is either 50 or 51 percent at fault or more for an accident cannot sue for damages or compensation. In New York, someone could be 99 percent responsible for a motorcycle accident and theoretically still receive compensation.
Under this standard, compensation is reduced by the plaintiff’s percentage of fault, as determined by a judge or jury. For example, if the jury found that the motorcyclist is 40 percent at fault for the crash, a $100,000 award is reduced to $60,000. That also means if someone was 99 percent at fault, they might receive $1,000. Obviously, it does not make financial sense to pursue a settlement that is potentially that low.
How Does Comparative Negligence Apply to Motorcycle Accidents?
In an accident, the actions of all parties are taken into account to determine liability. For example, many motorcycle accidents occur due to a driver’s failure to yield the right of way at an intersection. While they may be primarily at fault, the motorcyclist riding 10 miles over the speed limit could also be found partially liable. Compensation is also affected by the insurance carried by the other parties and the rider’s current and future medical and related expenses.
If the at-fault party’s actions are particularly egregious, e.g., drunk driving and severely injuring a motorcyclist, a jury may award punitive damages. Punitive means punishment, and these damages are designed to serve as an example of the defendant’s gross negligence or recklessness.
How is Fault Determined in a Motorcycle Accident?
Determining fault in a motorcycle accident relies on evidence. Your New York motorcycle accident lawyer will collect evidence and investigate your claim.
Evidence determining fault may include:
- Medical records
- The official accident report from law enforcement
- Eyewitness testimony
- Testimony by expert witnesses like accident reconstructionists
- Photos from the crash scene
- Vehicle damage and debris
- Video surveillance footage or dashcam footage
- Traffic data from GPS and navigation services
An accident reconstructionist provides valuable insights by piecing together the technical details of a crash. Using physics, engineering, and forensic science, their findings can clarify liability, support legal claims, and offer a clear understanding of the factors that caused the accident. This clarity is essential given the legal standard of liability in New York.
“Handled my case with ease and got me the best outcome possible. I highly recommend Nick Bagley, many other law firms declined my case but he took it and won.”
Injured Due to Negligence? Let Us Fight for Your Rights!
Statute of Limitations in New York
In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the accident date. Failure to file your case within this time frame means the court will probably dismiss it.
There are exceptions to the three-year statute of limitations. If the motorcycle accident involved any type of government vehicle, the statute of limitations is considerably shorter. For instance, in an accident involving a municipal or state-owned vehicle, the plaintiff has 90 days from the accident date to file either a Notice of Claim or Notice of Intention, respectively. If a federal vehicle is involved, the statute of limitations is usually two years from the accident date.
Consult a New York motorcycle accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. as soon as possible. It is not always clear that a vehicle is owned by a government entity, not a private party. We will ensure that all notices are filed by the deadline. Waiting too long to hire legal counsel may mean losing valuable evidence, e.g., video footage is often erased, and witnesses may be difficult to locate.
How an Attorney Can Maximize Your Compensation
After a motorcycle accident, especially when the motorcyclist may prove partly at fault, a seriously injured person may be tempted to accept the first settlement offer made by the other party’s insurance company.
However, it’s wise not to accept this initial offer without consulting an experienced and skilled motorcycle accident lawyer. Once you agree to a settlement, there is no going back, even if your medical and other expenses exceed your compensation.
Insurance companies are often biased against motorcyclists and look for ways to undervalue claims. In addition, while you may believe you were partly at fault for the collision, an investigation by your lawyer may reveal otherwise.
An skilled and winning motorcycle accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. can determine a fair settlement amount based on the specifics of your claim, your injuries and prognosis, and the extent of negligence. They will negotiate with the insurance company to reach a reasonable settlement amount. While most motorcycle accident cases are settled, we will take your case to trial if the insurer fails to offer a fair amount.
Find Out How Much Your Motorcycle Accident Case Is Worth
If you were seriously injured due to another party’s negligence or recklessness, you need the services of an experienced New York motorcycle accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no legal fees unless you receive compensation.
We represent residents of Manhattan, Brooklyn, Queens, The Bronx, and Staten Island, as well as those in Long Island, Westchester County, Rockland County, and the Hudson Valley.
