A high-side motorcycle crash in New York can be catastrophic and financially draining. This is because the legalities involved in showing the law that someone is a no-fault rider are harder for bike riders.
Such a crash occurs either when the rider is over the speed limit or the back wheel loses grip due to wet/icy surfaces. The impact causes the rider to be thrown off the bike, usually over the front.
Common Reasons for a High-side Motorcycle Crash in New York
One of the most common reasons riders get into such a fatal collision is slippery roads. There are a few other causes as well:
- Going too fast can result in the rear wheel losing a significant amount of traction
- Leaning too much to one side without slowing down
- Downshifting a bike while turning at full speed
High-side Crashes Vs. Low-side Crashes
High-side motorcycle crashes are way more dangerous than low-side crashes. The latter impact involves the driver losing control of the bike due to leaning too much on one side.
It results in falling to the side the rider was leaning towards. It isn’t as worrisome as a high-side crash but can still damage the vehicle and the victim.
Nevertheless, both crashes are hard to back up as a no-fault case in New York. There are a few things the rider can do to claim no fault:
- Contact 911 and seek help immediately. The call itself can act as proof of an accident
- Get medical attention and official proof of the injuries sustained
- Gather evidence (if possible) through pictures and videos of the site
- Contact the insurance company if there is a surety of no fault
Recovering Financially from a High-side Motorcycle Collision
It is difficult for motorbike riders in New York to receive insurance for vehicular and bodily damage from a crash.
Most insurance agencies will go out of their way to prove the rider was at-fault during the event. It could be either in the form of reckless driving or speeding. You can see if your insurance company would go after an uninsured driver as well.
It is, however, possible to back up a damage claim and the compensation required for it with an expert Long Island motorcycle accident law firm involved.
Riders can seek compensation for two types of damages: economic (special damages) or non-economical (general damages).
Special damages include:
- Medical expenses after the accident and before the settlement between the involved parties
- Medical costs for wounds that won’t heal, such as long-term infections caused by the accident
- Repair of damaged personal belongings in the collision
- Incapability to earn in the future due to severe bodily damage
- Funeral expenses
General damages include:
- Emotional suffering/PTSD
- Loss of a loved one from the collision
- Loss of a physical function, such as unrestricted use of limbs, hearing, eyesight, etc.
- Bodily disfigurement
New York’s Motorcycle No-fault System
Unfortunately for riders in New York, the law doesn’t have a no-fault policy for motorcycles. As a result, there is no way the complainant can claim compensation directly for the accident.
Riders will have to seek and receive a settlement for their vehicular and bodily damage in other ways, such as the ones mentioned above. Also, learn if you should remove a motorcycle helmet in an accident in NY.
On the bright side, not having a no-fault system also allows innocent riders to sue the at-fault rider for any damage that may have been caused.
The Duration of the Settlement
Due to New York’s law excluding motorcyclists from its no-fault policy, successfully getting a settlement can be a very long process. It can take months, if not years, without a reasonable injury attorney in the mix.
However, any rider wanting to make a compensation claim for the high-side motorcycle crash has to file it within three years from the day of the accident. This is to keep in line with the Statute of limitations.
Sometimes, the time frame can be shorter, and plaintiffs must file a case in 90 days. Not being able to do so might prohibit riders from claiming any concession indefinitely.
Contact an Experienced Motorcycle Accident Lawyer in New York
Reach out to The Law Office of Carl Maltese for professional legal assistance after a high-side motorcycle crash as a no-fault/at-fault rider in New York.
Call us at (631) 857-3703 today for a free consultation!