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  • Writer's pictureAlex Maltese

Who Is at Fault, Motorcycle or Car in NY? Speak to an Experienced Personal Injury Attorney

According to Article 51, motorcycle riders are not eligible for no-fault insurance benefits. This means they are not protected by the "No-Fault Law" or New York Insurance Law for motorcycle accidents.

However, injured riders may be able to get compensation if another party's negligence caused the accident. The victim can file a claim against the party at fault for the collision with the assistance of an accomplished New York accident lawyer.

They can seek compensation for both economic and non-economic losses. This includes medical costs, lost earnings, pain, and suffering, among other damages.

Common Causes of Motorcycle Accidents

Common Causes of Motorcycle Accidents

  • Speeding

  • Inexperienced Riders or Drivers

  • Bad roads

  • Terrible weather conditions

  • Driver under the influence (DUI)

  • Left-Hand Turn Accidents

  • Lane Splitting

  • Sudden stops

  • Motorcycle defects

  • Unsafe lane changes

Steps to Take After a Motorcycle Accident in New York

Accidents happen no matter how cautious a rider is. A rider is exposed to accidents just as others are to vehicle accidents. The odds may be worse.

In case the unfortunate occurs, a rider should take the following steps:

1. Get Medical Help

It is critical that the accident victim sees a doctor or hospital immediately, regardless of whether they believe they are uninjured or whether their wounds look minor.

After an accident, the shock might cause an individual to lose awareness of how their body is actually feeling. Other illnesses (such as whiplash or a concussion) may not show there but do so in the future.

It can be very challenging to obtain an insurance payout or prevail in a personal injury case without receiving an immediate medical evaluation.

2. Call the Police

Accidents that result in death, serious injury, or property damage of more than $1,000 must be reported in New York within 10 days after the collision.

A police record can come in handy even if there is no damage or injury. It is necessary in case the other driver makes false claims later.

3. Record Evidence

Regardless of whether the police arrive at the site (they might not if the accident is relatively small), a victim should still get the relevant details.

It's crucial to obtain the names, addresses, and phone numbers of any drivers that hit someone on a motorcycle, including information about their insurance and vehicle.

Record the car's make, model, year, license plates, and vehicle identification numbers (VINs).

4. Contact Your Insurance Company

A person should report any accidents to their insurance carrier, even if they believe they are at fault for the collision. If a claim is not reported within a specific period, then some insurers won't settle it.

Reports are different from claims. Even if a victim doesn't intend to file a claim, they should still notify their insurance provider of the accident.

5. Call a Lawyer

In a car accident, the parties involved can frequently reach an agreement through the insurance adjusters. A motorbike crash, though, is much more problematic. Drivers and insurance providers can exhibit "motorcycle bias."

Due to this bias, riders are assumed to be the negligent party or the ones at fault for collisions.

A lawyer can help victims overcome this prejudice and ensure they get what they are due. Motorcycle riders have the same rights as drivers of cars and should be able to recover damages as well.

Determining Liability After the Crash

The law in New York allows multiple parties or entities to be held responsible for a motorbike accident.

Since most collisions are caused by drivers who fail to see riders in traffic, drivers of cars are often held responsible for motorbike accidents.

Governmental organizations can also be liable for motorcycle accident injuries if they ignore to patch up hazardous potholes or put up traffic signs as required.

Finally, if a crash is caused by a faulty motorbike item, the manufacturer or another party in the supply chain may be responsible for any injuries.

Carl Maltese Is an Experienced Motorcycle Attorney

The Law Office of Carl Maltese has experienced motorcycle accident attorneys in Long Island that have helped clients in New York recover millions in claims. We offer a free consultation for injury victims who want compensation from a party they believe is responsible for their pain.

Call us at (631) 857-3703 today to speak to an attorney.


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