Another driver cut across your lane, leaving you dealing with injuries, missed paychecks, and the burden of figuring out who is legally responsible. Speaking with a motorcycle accident lawyer in New York could be a helpful first step.
In this guide, Cassisi & Cassisi, P.C., will walk you through fault and negligence in motorcycle accidents according to New York’s liability laws. Understanding who is liable is just one of the things a New York motorcycle accident lawyer can help you clear up.
Who Can Be Held Liable for a New York Motorcycle Accident?
According to the National Safety Council, motorcyclists sustained nearly 87,000 injuries in road accidents across the U.S. in 2024. While multiple parties can potentially share responsibility, pinning down who is liable in a motorcycle accident may not always be straightforward. Parties who may bear responsibility in motorcycle crashes are:
- Another driver: A car, truck, or bus driver who fails to yield or runs a red light may be liable if their conduct contributed to your collision.
- A government entity: Unsafe road conditions, missing signage, unfilled potholes, or poor road design may create liability for the agency that maintains the road.
- A motorcycle manufacturer: If faulty brakes or a malfunctioning throttle play a role in your crash, the manufacturer may be held responsible under product liability laws.
Your New York motorcycle accident lawyer will likely point out the pure comparative negligence standard. In New York, each party can be liable in proportion to their share of fault.
A Motorcycle Accident Injury Attorney’s Take on New York’s Liability Laws
The motorcycle accident liability laws in New York exclude motorcycles from the state’s no-fault insurance system. That means motorcycles typically do not qualify for Personal Injury Protection benefits under New York Insurance Law.
Even so, you may be able to pursue claims directly against the at-fault party for medical expenses, lost wages, and pain and suffering without meeting New York’s serious injury threshold. New York’s CPLR Article 14-A rule also applies, so even if you were partially at fault, you may still be able to recover damages.
Determining Fault in Motorcycle Crashes
Fault and negligence in motorcycle accidents come down to whether someone acted with reasonable care under the circumstances. Negligence refers to the failure to exercise the level of caution that a reasonably careful person would, thereby causing harm. Common examples include speeding, failing to check mirrors before changing lanes, running traffic signals, and driving while impaired.
Legal guidance is important for anyone who has been injured in New York. Motorcycle accident lawyers can assess the facts and tell you whether a negligence claim is possible. For example, your lawyer may advise looking at hazardous road conditions as a basis for a negligence claim.
According to the Insurance Information Institute, the fatality rate for motorcyclists in 2023 was 31.39 per 100 million vehicle miles traveled, compared to just 0.66 for light truck occupants. Motorcyclists are often more vulnerable in crashes than other road users, and building a clear picture of what happened may take time. Insurance companies, attorneys, and courts often look at the following:
- Police reports: The responding officer’s documentation informs the liability analysis.
- Witness statements: Bystanders or other drivers may have seen what happened.
- Camera footage: Traffic cameras, dashcams, and nearby surveillance footage can provide objective visual evidence.
- Physical evidence: Skid marks, vehicle damage patterns, and debris placement can help reconstruct the sequence of events.
- Medical records: Injury documentation may support your account of events.
Determining fault in motorcycle crashes typically involves gathering and analyzing multiple types of evidence, which is why working with an attorney is important.
The Proof of Legal Responsibility That Motorcycle Accident Lawyers Need To Establish
According to the New York City Department of Transportation, motorcyclist fatalities in New York City reached 55 in 2023, with only 27% of those riders holding a valid license. Another factor in the case might be how the road users interacted. For instance, the New York State Department of Motor Vehicles reported that in 41% of crashes between passenger vehicles and motorcycles, the passenger vehicle violated the motorcyclist’s right-of-way.
Legal responsibility in motorcycle accidents generally requires that your New York motorcycle accident lawyer establish four elements:
- The at-fault party owed you a duty of care.
- The party breached that duty.
- The breach directly caused your accident.
- You suffered damages or injury because of this accident.
Challenges may arise in proving these elements in court. For example, the opposing counsel may argue that you were traveling at an unsafe speed or improperly operating your motorcycle. Comparative fault will likely be calculated with these factors in mind.
Working with a personal injury lawyer in New York with experience in motorcycle cases can help identify liable parties, gather evidence, and navigate insurance disputes on your behalf. Avoiding recorded statements to the other party’s insurer before speaking with an attorney is another practical step.
Contact Cassisi & Cassisi, P.C.’s Personal Injury Lawyer in New York
Understanding who is liable in a New York motorcycle accident is easier with legal counsel. When choosing a personal injury lawyer after a motorcycle accident, familiarity with New York’s liability laws could prove to be invaluable. Consider contacting Cassisi & Cassisi, P.C. at (516) 294-5050 to discuss your situation with a New York motorcycle accident lawyer.
Frequently Asked Questions
Here are some common questions about motorcycle accident liability in New York.
How Is Fault Determined in a New York Motorcycle Accident?
Typically, New York determines fault in a motorcycle accident by reviewing police reports, witness statements, camera footage, and physical evidence from the crash scene. Insurance companies and courts weigh each party’s contribution to the accident.
Can I Still Recover Damages if I Was Partly At Fault?
Yes. The pure comparative negligence rule in New York means that you may still be able to pursue a claim even if you were partially at fault for the accident.
Why Should I Hire a Motorcycle Accident Lawyer in New York?
A New York motorcycle accident lawyer can help you identify all liable parties, gather key evidence, and navigate the claims process.
