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The Most Common Motorcycle Accident Myths in NY

Writer's picture: Alex MalteseAlex Maltese

Motorcycle accidents are unfortunately common and pose a significant risk to riders. Figures from the National Highway Traffic Safety Administration (NHTSA) show that more than 5,000 motorcyclists have been killed in motor vehicle crashes each year between 2015 and 2023.


In 2022 alone, 6,218 motorcyclists lost their lives in such accidents, marking the highest number of fatalities since 1975. Moreover, 82,687 motorcycle riders were injured in similar circumstances that same year.


The latest NHTSA Motorcycle Safety report also suggests that motorcyclists are 24 times more likely to die in motor vehicle crashes than passenger car occupants.


Sadly, there are many misconceptions surrounding these accidents, which can hinder injured riders' legal rights and opportunities to recover compensation for damages and losses caused by someone else's negligence.


This blog post was crafted to debunk some of the most common motorcycle accident myths in New York, shedding light on the truth behind these false beliefs to empower riders to protect themselves. Keep reading!


Motorcycle Riders Are Always at Fault in These Accidents

Motorcycle Riders Are Always at Fault in These Accidents


Many people believe that motorcycle riders are automatically liable for traffic accidents, but this is a common misconception. Fault must always be determined based on the circumstances surrounding the incident.


For example, drivers who fail to yield the right-of-way to motorcyclists, suddenly open doors in the path of two-wheelers, change lines without checking blind spots, or make dangerous left turns can cause terrible accidents, too.


Not all drivers are negligent, of course. Many crashes are also caused by extreme weather, poor road conditions, and even other motorcyclists, so other parties may be liable in these cases.


Additionally, New York still applies the comparative negligence doctrine. Therefore, more than one party may share liability for a motorcycle accident. For more information, a motorcycle accident law firm may be able to help.


Motorcycle Accident Cases Are Easy to Handle


While some motorcycle accident cases may appear straightforward, many are complex and require legal expertise. These are the factors that can complicate these claims:


  • Multiple parties involved: In some cases, multiple parties may be at fault when a motorcycle accident occurs, such as the driver of another vehicle, a property owner, or a government agency.

  • Insurance disputes: Insurance companies may deny claims or offer low settlement amounts, leading to legal battles.

  • Complex injury claims: Motorcycle accidents often result in serious injuries that can have long-lasting effects and require significant medical treatment and rehabilitation.

  • Economic losses: In addition to medical expenses, motorcycle accident victims may suffer significant economic losses, such as lost wages, loss of earning capacity, and property damage.


Injured Motorcycle Riders Don't Need Legal Representation


Seeking legal representation after a motorcycle accident is crucial, even if the injuries seem minor. An experienced personal injury attorney can provide several benefits, including:


  • Expert legal advice: Attorneys can assess the legal implications of the case and advise victims on their rights and options.

  • Investigation and evidence gathering: Lawyers can investigate the accident scene, gather evidence, and interview witnesses to build a strong case.

  • Insurance negotiations: Attorneys can negotiate with insurance companies to secure fair compensation for victims' injuries and damages.

  • Litigation: If necessary, attorneys can represent injured people in court and fight for their rights.

  • Emotional support: Dealing with the physical and emotional trauma of a motorcycle accident can be overwhelming. An attorney can provide support and guidance throughout the legal process.


It Isn't Necessary to File a Personal Injury Lawsuit for Motorcycle Accidents


While many motorcycle accident cases can be resolved through negotiation and settlement, sometimes it may be necessary to file a personal injury lawsuit.


A lawsuit might be necessary for motorcycle mishaps in the following scenarios:


  • The insurance company isn't cooperating: If the insurance company is refusing to offer a fair settlement or is delaying the claims process, filing a lawsuit may be the only way to obtain justice.

  • The injuries are severe: In cases of serious injuries, such as traumatic brain injuries or spinal cord injuries, a lawsuit may be necessary to obtain adequate compensation beyond the insurance coverage.

  • The damages are significant: If the economic losses and pain and suffering are substantial, a lawsuit may be necessary to recover full compensation.


Motorcycle Accident Victims Can Only Recover Minimal Compensation


The amount of compensation available in a motorcycle accident case depends on various factors, including the severity of injuries, medical expenses, lost wages, property damage, and pain and suffering.


With the help of an experienced attorney, victims can pursue maximum compensation, but this will depend on:


  • Liability: The extent of the other driver's fault will determine the amount of compensation victims can recover.

  • Comparative negligence: In New York, the victim's own negligence may reduce the amount of compensation they can recover.

  • Insurance coverage: The amount of insurance coverage available will limit the maximum amount of compensation.

  • Economic losses: This includes medical expenses, lost wages, and property damage.

  • Non-economic losses: This includes pain and suffering, emotional distress, and loss of enjoyment of life.


Injured Motorcycle Riders Have Plenty of Time to Take Legal Action


New York has a specific deadline for personal injury cases. The statute of limitations for personal injury cases in this state is typically three years. However, there may be exceptions, such as in cases involving minors or wrongful death.


 It's crucial for injured people to consult with an attorney as soon as possible to ensure they don't miss any deadlines. They can also help with discussing common truck accident myths in NY.


Motorcycle Riders Shouldn't Seek Legal Help If They Have No Visible Injuries or Feel No Pain


Even if they don't immediately experience pain or visible injuries, it's important for motorcycle accident victims to seek medical attention and legal advice.


Some injuries may not manifest immediately or can worsen over time. Whiplash, for example, may not cause immediate pain. However, symptoms can develop after days, weeks, or even months.


It's important to seek medical attention to diagnose and treat these injuries.


Insurance Will Cover All Damages in a Motorcycle Accident Case


Operators of motor vehicles are required to carry Personal Injury Protection (PIP) insurance in New York, but it won't cover all the damages for an accident.


PIP only pays for medical expenses, a portion of lost wages, and other limited damages. Plus, no-fault coverage may not be available for motorcycle riders.


Motorcycle Riders Should Accept the First Settlement Offer Because They Aren't Likely to Win the Case

Motorcycle Riders Should Accept the First Settlement Offer Because They Aren't Likely to Win the Case


Insurance companies often make lowball settlement offers and argue that even the most experienced riders can make mistakes, but that doesn't mean injured motorcyclists cannot win a legal case.


With an attorney by their side, motorcycle riders can build a strong claim and successfully fight for their rights. They can also shed insight on common bicycle accident myths in NY.


Final Thoughts


Motorcycle accidents can have devastating consequences, but victims can protect their rights and maximize their chances of recovering compensation by seeking legal advice from an experienced personal injury attorney.


Contact the Law Office of Carl Maltese for a Free Consultation!

Since motorcycle accidents happen every day, at the Law Office of Carl Maltese, we're prepared to handle them and help victims recover the compensation they deserve. Contact us today if you need legal counsel and schedule a free consultation!

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