Motorcycle Accident Lawyers in 2024

Our skilled motorcycle accident attorneys in New York City at Rosenberg, Mink, Falloff & Wolff, LLP can assist if you have suffered injuries or lost a loved one in a motorbike accident. We have been helping those harmed by the carelessness of others for almost three generations.

We have a great deal of expertise defending wounded motorcycle riders, and we know how crucial it is to get just compensation following a severe injury.

A motorcycle rider hurt in a collision recently received a $5.1 million judgment from our personal injury attorneys in New York City at Rosenberg, Minc, Falkoff & Wolff, LLP. Over one billion dollars has been recovered for our clients overall.

Will Insurance Cover My Motorcycle Injuries?

One of the most frequent inquiries made by motorcycle riders who are hurt in an accident is, “Who will pay for my medical bills?” Injuries from motorcycle accidents that necessitate critical care frequently result in high expenses for the victims.

Motorcycle accident victims and their families might find peace of mind after an accident if they know how to get compensation. Only a few states, like New York, use a no-fault approach when it comes to insurance issues.

Whether or not someone was at fault for the accident, your personal insurance coverage will cover your damages if you are hurt in one. Up to the maximums specified in your policy, you can be qualified for compensation.

However, there are certain exceptions to this rule. Even if they only have minor injuries, injured motorcycle riders may choose to submit a typical negligence claim instead of using the no-fault system. According to New York state law, motorcycle riders are exempt from the no-fault system.

Additionally, motorcycle riders may receive compensation under their underinsured/uninsured motorist policy if the at-fault driver’s coverage is insufficient to cover the victim’s injuries.

The assistance of a NYC motorcycle accident lawyer is necessary when submitting a claim to the insurance company of the at-fault driver. A lawyer can demand just compensation and assist in assessing the value of a claim. An insurance company may actually take a claim more seriously if an attorney is involved early on.

New York Motorcycle Insurance Requirements

In the state of New York, insurance is required for all motorbikes that are registered. The following are the minimal coverage requirements for motorbike insurance:

$25,000 for each person’s physical harm
$50,000 in total injuries suffered in each accident

$50,000 for each death
$100,000 for each accident with numerous fatalities
Ten thousand dollars for damage to property
These are really the bare necessities. Higher limits for better protection and uninsured/underinsured motorist coverage to shield you in the event of an accident caused by a driver with inadequate or no insurance may be prudent given the increased risk of serious injury in motorcycle accidents.

A Staggering Fatality Rate for Motorcycle Accidents

In the most recent year, motorcycle riders were 26 times more likely to die per mile driven than passengers in passenger cars, according to the Governors Highway Safety Association (GHSA).

Motorcycles are responsible for about 15% of all motor vehicle fatalities, although making up only 3% of all registered vehicles and less than 1% of vehicle miles driven. Unfortunately, drivers of other vehicles are often the cause of motorbike collisions.

How Do Most Motorcycle Accidents Occur?

Motorcyclists are more likely to be hurt than passengers in other cars, regardless of the kind of motorcycle they own. Numerous factors can contribute to motorcycle accidents. According to data from the National Highway Traffic Safety Administration (NHTSA), in 2016:

• 2,976 (55%) of the 5,421 motorcycles that were involved in fatal collisions collided with other moving motor vehicles.
• The front of 72% of motorbikes engaged in two-vehicle traffic accidents sustained damage.
• Motorcycles colliding with stationary objects accounted for 23% of fatal collisions.
• Motorcycles were involved in 2,625 fatal two-vehicle collisions with other vehicles, including cars and trucks.
• The other vehicle was turning left while the motorbike was traveling straight ahead, passing, or overtaking other vehicles in 41% of the fatal two-vehicle collisions involving a motorcycle and another kind of vehicle.

Recovering Compensation after a Motorcycle Accident in New York City

Motorcycles are regarded differently from cars and other passenger vehicles under state insurance and liability rules. A motorcycle is not a motor vehicle for the purposes of no-fault insurance legislation. The no-fault statute does not cover or grant medical and lost salary benefits to motorcyclists.

Injured motorcycle riders, however, have the right to file a claim against the at-fault person in order to get payment for their losses and injuries. Even motorcycle riders with minor injuries can make a claim because they are exempt from the no-fault threshold.

Motorcycle Laws in New York City

The regulations governing motorcycle use in the city are one of several variables that may affect a motorcycle injury claim. Generally speaking, motorcycle riders must abide by the same traffic laws as other drivers, including those pertaining to speed, driver distraction, and surrendering the right-of-way.

A Class M or MJ Operator’s license is required for drivers to operate a vehicle in the state of New York. Passing a road test and a driver’s test is necessary for this. The road test will not be required of drivers over the age of eighteen who have a valid driver’s license and a motorcycle operator learner’s permit.

• Every motorcycle rider is required to wear a helmet that complies with federal motor vehicle safety regulations set forth by the US DOT.
• Every motorcyclist is required to wear eye protection that complies with the guidelines set forth by the American National Standard Institute.
• A seat and footrest are necessary when transporting a person.
• There might just be one earphone on a motorbike helmet speaker.

What is the Required Equipment for Registered Motorcycles?

Additionally, the following minimal equipment is required for all bikes registered in the state of New York:

Both wheels have brakes (historic motorcycles built prior to 1971 are an exception).
Directional signals (cars made prior to 1985 are an exception)
A horn
A single red rear reflector
A license plate lamp, stop lamp, headlight, and taillight
A rearview mirror
A muffler
Handlebars that are at or below the rider’s shoulders

Does NYC Allow Lane Splitting?

Sharing the road is governed by legislation in New York as well; two motorcyclists cannot be riding side by side at the same time. Furthermore, lane splitting—the act of moving between lanes to pass cars—is illegal in New York.

Common Motorcycle Accident Injuries

A rider may still be hurt in an accident even if they take all the necessary safety measures and go by the letter of the law. Sadly, the majority of motorcycle accidents result in injuries of some kind, from mild to severe and irreversible.

• Road rash. One of the most often reported effects of collisions is road rash. It happens when a biker abrasively cuts their flesh while sliding across the pavement. Surgery and rigorous medical care may be necessary for road rash.
• A motorcyclist may suffer a concussion or more serious traumatic brain damage after an accident even if they wear a helmet.
• spinal cord injury. The spinal column’s nerves may sustain damage from severe stress sustained in a motorcycle collision. Lifelong sensory or motor issues can result from spinal cord injury.
• Fractured bones. Because motorbikes don’t have the same fundamental safety features as cars, even a small motorcycle collision can cause fractures, especially to the arms, legs, and ribs.
• Harm to the nerves. In a collision, a motorcyclist may rip or injure nerves, leading to agonizing neuropathy or loss of feeling.
• Injury affecting the lower body. When a bike falls on top of a rider after a collision, it can cause burns, fractured bones, and lower body crush injuries.
• Internal hemorrhage. Motorcyclists may suffer severe injuries that result in bleeding or bruises to their organs, which could be fatal damage or disfigurement that is permanent. A motorbike rider may suffer lasting injuries from an accident, such as scarring or other types of irreversible damage.
• In certain situations, the suddenness of a collision might result in limb loss, especially if a rider is pinned to the ground following an accident.
  Permanent injuries like paraplegia or quadriplegia might result from a traumatic traffic accident.

What Causes Motorcycle Accidents?

Although motorcycle riders have an equal right to use the road, drivers occasionally fail to notice them. Sadly, motorcyclists aren’t as aware of the road as drivers of other vehicles. As a result, riders may find themselves in a risky condition that frequently leads to accidents. Numerous factors contribute to motorcycle accidents, but driver irresponsibility is a major one.

• One of the main causes of all auto accidents, including motorcycle accidents, is distracted driving. Even though texting and cell phone use are illegal in New York, they nevertheless play a part in hundreds of accidents that occur there every year.
• Driving while intoxicated poses a significant risk to all drivers, but it is particularly dangerous for motorcycle riders. They might not be as conspicuous to an intoxicated driver as a car because their vehicles are smaller and less noticeable.
• Speeding is a major factor in many collisions and can be fatal for motorcycle riders. While a driving may escape a collision with a fast motorist, a motorcyclist may suffer injuries that could be fatal or permanently incapacitating.
• Motorcycle riders are particularly vulnerable to the danger of failing to check their blind spots because they can easily squeeze inside them.
• Being unwilling to give way. Due to cars’ incomplete understanding of a motorcyclist’s speed, this kind of accident is frequent and can have catastrophic results.
• Motorcycle riders may be particularly at risk from road hazards. The typical motorist may find potholes, gravel, uneven pavement, and road debris annoying, but motorcycle riders may experience major and even fatal problems as a result.
• Similar to road dangers, bad weather can pose a threat to the typical biker. Crashes can be caused by slick roads and poor visibility, particularly when paired with additional factors like distracted driving.

  Read More : How Motorcycle Accident Lawyer Work in New York in 2024