In the State of New York, motorcyclists face significant risks. Just in New York City alone, they accounted for 14% of traffic fatalities between 2010 and 2014, despite being just 2% of registered vehicles. The city’s fatal crash rate for motorcyclists is notably higher than both the state’s and national rates.
Motorcycle crashes involving passengers are relatively rare, with only 10 motorcycle passengers killed in crashes, representing about 5% of all motorcyclist fatalities during this period. However, the vulnerability of passengers in such incidents cannot be overlooked.
What Rights Do Motorcycle Riders Have in New York?
Motorcycle riders are excluded from the restrictions of No-Fault Coverage in New York. Injured motorcycle passengers can seek compensation for injuries, covering medical costs, lost wages, and pain and suffering. Unlike car occupants, they’re not covered by no-fault insurance and must claim against the at-fault party’s liability insurance. Determining who is at fault is essential in these cases.
New York State uses a comparative negligence approach. In an accident, fault may be shared among all parties involved, including the motorcycle rider, other drivers, and potentially the passenger. An injured passenger’s compensation can be reduced if they are partly at fault, such as riding with an intoxicated driver.
What are the Insurance Requirements for Motorcyclists in New York?
Motorcyclists in New York are required to have minimum liability coverage. This includes:
- $25,000 for bodily injury and $50,000 for death for a person involved in an accident.
- $50,000 for bodily injury and $100,000 for death for two or more people in an accident.
- $10,000 for property damage resulting from any one accident.
Unlike other vehicles, motorcycles are registered for one year and all registrations expire on April 30. Motorcyclists can terminate their liability insurance without surrendering the plate, which is convenient for seasonal use. However, it is illegal to operate the motorcycle on public highways without active liability coverage.
What are the Common Causes of Motorcycle Passenger Injuries?
- Reduced Maneuverability: The additional weight of a passenger can significantly affect the motorcycle’s handling, making it less agile and responsive.
- Increased Stopping Distance: With a passenger, the motorcycle requires a longer distance to come to a complete stop.
- Balance Issues: The presence of a passenger can alter the motorcycle’s balance, especially if the passenger is not accustomed to the dynamics of motorcycle riding.
- Communication Difficulties: Effective communication between the rider and passenger is crucial but can be challenging, leading to misunderstandings and potential hazards.
- Handling Difficulties: The extra weight can affect the motorcycle’s suspension and steering, requiring adjustments in riding techniques.
- Increased Risk of Tip-overs: At low speeds or when stopping, the additional weight increases the risk of the motorcycle tipping over.
What Should You Do After a Motorcycle Accident?
In the unfortunate event of a motorcycle accident involving a passenger, you should be focused on:
1. Seeking Medical Attention
The first and foremost step is to seek medical attention, even if injuries seem minor. Some injuries may not be immediately apparent.
2. Documenting the Accident
If possible, take photographs of the accident scene, including the positions of the vehicles, any skid marks, and road conditions. Collect contact information from any witnesses, as their accounts can be crucial in establishing the facts of the accident.
3. Obtaining a Police Report
Ensure that the police are called to the scene so that an official collision report can be filed. This report can be essential in any subsequent legal proceedings.
4. Contacting a Motorcycle Accident Lawyer
It’s advisable to contact an expert lawyer who specializes in motorcycle accidents. They can provide guidance on legal rights and the steps to take following an accident. You can contact the Porter Law Group at 833-PORTER9 or email info@porterlawteam.com for a free consultation.
How Do You Recover Compensation for a Motorcycle Accident in New York?
Since motorcycle passengers are not covered under New York’s no-fault insurance laws, they must seek compensation through other means. Compensation can be sought by filing claims against the motorcyclist or other vehicle drivers involved in the accident. This process involves establishing who was at fault for the accident. You should speak to an experienced motorcycle accident attorney for more information.
Filing Claims Against Motorcyclists or Other Vehicle Drivers
- Determining Fault: The key to a successful claim is determining who was at fault. This could be the motorcyclist, another driver, or multiple parties.
- Third-Party Claims: If another driver is at fault, a third-party claim can be filed against their insurance. This requires a thorough investigation and evidence collection.
Dealing with insurance companies can be complex, and they often attempt to minimize payouts.
How Can A Personal Injury Attorney Help Motorcycle Accident Victims?
An experienced attorney, such as the ones we have at the Porter Law Group, can help you navigate the complexities of motorcycle accident claims and help maximize compensation.
We can conduct thorough investigations to gather necessary evidence to support your claim. We can also take care of the negotiations with insurance companies to ensure fair compensation is offered.
If you or your loved ones have been involved in a motorcycle accident, understanding your legal rights is crucial. At the Porter Law Group, we specialize in helping injured motorcycle passengers understand and assert their rights. Our team operates on a contingency basis, meaning there are no upfront fees for you.
We are dedicated to protecting your rights and ensuring you receive the compensation you deserve for your injuries and losses.For expert assistance with your motorcycle accident claim in New York, the Porter Law Group is here to help. Contact us at 833-PORTER9 or email info@porterlawteam.com for a free consultation.
