Understanding Motorcycle Accidents in New York: Liability and Compensation
May 25, 2023
Understanding Motorcycle Accidents in New York: Liability and Compensation
The thrill of riding a motorcycle is unmatched, but it comes with its fair share of risks. Motorcyclists are more prone to severe injuries in an accident, given their vulnerability to colliding with other vehicles or being knocked off their bike. In New York, like other states, the law mandates drivers to exercise reasonable care on the road and be responsible for any harm they cause.
If you or your loved one has been involved in a motorcycle accident, it's imperative to understand how the law works and your options. This blog post will explore some essential aspects of motorcycle accidents in New York- fault determination, liability, and compensation.
One of the most common questions victims ask is who was at fault in an accident. The state of New York uses a "comparative negligence" rule to determine fault. This means that the person liable for the accident will compensate for the damages, but the degree of fault will be apportioned amongst the parties involved. For example, if the victim was 20% responsible for the accident, their compensation would be reduced by 20%.
In a motorcycle accident, fault could be attributed to different parties, including the motorcyclist, other drivers, road authorities, or the vehicle manufacturer. A thorough investigation will consider factors such as speeding, failure to signal, distracted or impaired driving, road conditions, and faulty vehicle parts, among others.
Liability refers to the legal obligation to compensate for damages resulting from an accident. In New York, liability falls on the party who is found to be at fault. In some cases, multiple parties may share the liability and compensate the victim accordingly. Insurance companies usually cover liability claims, but the process of determining liability and assessing damages can be a complex and tricky affair.
If you were the victim of a motorcycle accident, you could explore different options to pursue compensation. One option is to file a claim with the insurance company of the at-fault party. This option can be faster, but it may not always guarantee full compensation for all your damages, including lost wages, medical bills, pain, and suffering.
Another option is to file a lawsuit against the at-fault party. This option gives you a chance to present your evidence in court and seek a favorable ruling. However, it could take longer and involve higher legal fees.
In New York, compensation for personal injury claims in motorcycle accidents can include both economic and non-economic damages. Economic damages cover the measurable losses such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, include losses that are less tangible, such as pain and suffering, emotional distress, and loss of quality of life.
Compensation in motorcycle accidents is usually paid by the insurance company of the at-fault party. If the at-fault party was uninsured or underinsured, the victim's insurance company might offer an uninsured or underinsured motorist (UM/UIM) coverage.
Motorcycle accidents can be devastating, both physically and emotionally. If you have been involved in one, it's essential to consult an experienced personal injury attorney who can assist you in navigating the legal process and ensure that you get the maximum compensation for your damages. At Law Offices of Jason B. Kessler, PC, our team of legal professionals is dedicated to providing excellent legal services to the New York public in personal injury matters. Contact us today, and we'll be glad to help.
If you or your loved one has been involved in a motorcycle accident, it's imperative to understand how the law works and your options. This blog post will explore some essential aspects of motorcycle accidents in New York- fault determination, liability, and compensation.
Fault determination in a motorcycle accident
One of the most common questions victims ask is who was at fault in an accident. The state of New York uses a "comparative negligence" rule to determine fault. This means that the person liable for the accident will compensate for the damages, but the degree of fault will be apportioned amongst the parties involved. For example, if the victim was 20% responsible for the accident, their compensation would be reduced by 20%.
In a motorcycle accident, fault could be attributed to different parties, including the motorcyclist, other drivers, road authorities, or the vehicle manufacturer. A thorough investigation will consider factors such as speeding, failure to signal, distracted or impaired driving, road conditions, and faulty vehicle parts, among others.
Liability in a motorcycle accident
Liability refers to the legal obligation to compensate for damages resulting from an accident. In New York, liability falls on the party who is found to be at fault. In some cases, multiple parties may share the liability and compensate the victim accordingly. Insurance companies usually cover liability claims, but the process of determining liability and assessing damages can be a complex and tricky affair.
Options if you were the victim of a motorcycle accident
If you were the victim of a motorcycle accident, you could explore different options to pursue compensation. One option is to file a claim with the insurance company of the at-fault party. This option can be faster, but it may not always guarantee full compensation for all your damages, including lost wages, medical bills, pain, and suffering.
Another option is to file a lawsuit against the at-fault party. This option gives you a chance to present your evidence in court and seek a favorable ruling. However, it could take longer and involve higher legal fees.
Compensation calculation in personal injury cases
In New York, compensation for personal injury claims in motorcycle accidents can include both economic and non-economic damages. Economic damages cover the measurable losses such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, include losses that are less tangible, such as pain and suffering, emotional distress, and loss of quality of life.
Who pays compensation to the victims in a motorcycle accident?
Compensation in motorcycle accidents is usually paid by the insurance company of the at-fault party. If the at-fault party was uninsured or underinsured, the victim's insurance company might offer an uninsured or underinsured motorist (UM/UIM) coverage.
Motorcycle accidents can be devastating, both physically and emotionally. If you have been involved in one, it's essential to consult an experienced personal injury attorney who can assist you in navigating the legal process and ensure that you get the maximum compensation for your damages. At Law Offices of Jason B. Kessler, PC, our team of legal professionals is dedicated to providing excellent legal services to the New York public in personal injury matters. Contact us today, and we'll be glad to help.
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