Under current New York law, there are no "no-fault benefits" for an injured motorcyclist. However, there is also no "no-fault threshold" for an injured motorcyclist, and thus you can bring a claim for recovery of medical expenses, lost wages and pain and suffering against another negligent driver without needing to have a qualifying "serious injury."
It has been our experience that motorcyclists are seldom at fault in an accident, and are usually the injured victims when the driver of another vehicle "doesn't see them." Unfortunately, motorcyclists struck by cars typically do suffer a "serious injury," even though they have a claim for even non-serious injuries.
If you or a passenger is injured in a motorcycle accident, call 911 immediately. File a police report and if another party was involved, be sure to get their insurance information and other personal information such as name, phone number and license number. If the injury was due to the negligence of another party, you may be eligible for financial compensation. We offer free consultations for personal injury cases due to motorcycle accidents and can help determine if you have a case. Contact us today.
New York State law requires that all motorcyclists and passengers wear a helmet. This is regardless of age or experience on a motorcycle.
The most common causes of motorcycle accidents are similar to those in other motor vehicles such as speeding, impairment while driving, or dangerous driving conditions. In addition, there are some accidents that are more unique to motorcyclists which can include driving between two lanes of traffic, open car or truck doors, and motorcycle defects.
The best way to avoid injury on a motorcycle is to actively try to reduce the risk of an accident. Following are some tips to help try to prevent a motorcycle accident: be alert – be aware of other drivers and your surroundings including areas of the road that may be hazardous; be seen – make sure that your lights are on when riding and try to wear light colored clothing; avoid speeding and dangerous driving such as going between two lanes of traffic; keep a safe distance from other vehicles and check your mirrors often. Read more motorcycle safety tips.