Who is Liable in a Motorcycle Accident in New York

John Gray • August 29, 2023

Motorcycle accidents can leave lasting damages that impact a person's life and livelihood. As a New York resident, you may be wondering what happens if you're involved in a motorcycle accident, who is responsible for the damages, and how do you go about seeking compensation. This blog post will aim to provide you with answers to these questions and more, while exploring the laws around liability in motorcycle accidents in New York.


First Things First, Discussing Liability:

When it comes to motorcycle accidents in New York, determining liability is crucial. Generally, if one party engaged in conduct that was negligent, resulting in an accident, they may be held liable for the damages caused. However, this also depends on whether the injured parties themselves were also acting in negligence at the time of the accident. For instance, if a motorcyclist was driving under the influence at the time of the crash, they may be partially or fully liable for the damages. It is, therefore, crucial to look at each case individually to determine liability.


Understanding New York’s Comparative Negligence Law:

New York has enacted a comparative negligence rule that allows for fault to be apportioned between both parties in a personal injury case. This means that even if you are partially at fault for the accident, you may still be entitled to compensation, depending on your level of involvement in the accident. For this reason, it's important to speak with a skilled motorcycle accident attorney who can help you navigate these legal complexities and fight for your rights


The Importance of Motorcycle Insurance:

In New York, motorcyclists are required to carry liability insurance to cover damages or injuries if they’re found to be at fault in an accident. This applies to all riders, including those who are riding on parked motorcycles. If you're injured in a motorcycle accident, you may be required to file an insurance claim to receive compensation from the rider's insurance company. If the rider doesn't have insurance, you can check to see if your own insurance policy has uninsured motorist coverage, which could help you recover damages.


Filing a Personal Injury Lawsuit:

If you are involved in a motorcycle accident in which you've sustained injuries and damage to your property, you may be eligible to file a personal injury lawsuit. To do this, you must follow the necessary steps such as gathering information and evidence, identifying witnesses, and working with an experienced attorney. A skilled legal professional can help you build a strong case by ensuring that proper medical documentation is obtained, any necessary evidence is preserved, and all appropriate deadlines are met.


Dealing with the after-effects of a motorcycle accident can be overwhelming, particularly when you're unsure of your legal rights. Understanding liability is crucial, as it plays a significant role in determining fault and the compensation you may be entitled to. If you or someone you know has been involved in a motorcycle accident and requires assistance with legal issues in New York, seek the help of an experienced attorney. With the right legal support, you can fight for the compensation you deserve and move forward with the rebuilding of your life.

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