Most motorcycle accidents in New York are caused by another driver’s negligence, and that driver is usually the party liable for the rider’s injuries. Liability can also fall on a municipality that let a road deteriorate or a manufacturer that sold a defective part.
Fault matters more to a motorcyclist than to a driver. New York excludes motorcycles from no-fault coverage, so a rider recovers medical costs and lost wages only by proving someone else caused the crash.
What Causes Most Motorcycle Accidents?
Motorcycle crashes are caused most often by drivers who fail to see a motorcycle or misjudge its speed. The seven causes below account for the majority of claims our firm reviews.
Left-Turn Collisions At Intersections
A driver turning left across a rider’s path causes more motorcycle accidents than any other single maneuver. The turning driver has a duty to yield, which makes liability relatively clear in these crashes.
Distracted Driving
Texting, GPS use, and infotainment screens pull a driver’s eyes off the road long enough to miss a motorcycle entirely. A motorcycle’s narrow profile makes it the first thing a distracted driver overlooks.
Unsafe Lane Changes
Drivers who merge without checking mirrors and blind spots strike riders traveling legally beside them. Motorcycles disappear into blind spots that would reveal a passenger car.
Speeding And Tailgating
Excess speed shortens the time a driver has to react and lengthens the distance needed to stop. A rear-end impact that dents a bumper on a car can throw a motorcyclist into traffic.
Impaired Driving
Alcohol and drugs slow reaction time and degrade judgment about distance and closing speed. A DWI conviction does not decide your civil case, but it supplies strong evidence of negligence.
Road Defects And Debris
Potholes, loose gravel, uneven pavement seams, and standing water destabilize a motorcycle at speeds a car absorbs without trouble. The state, county, or municipality responsible for maintaining that road may be liable.
Defective Motorcycle Parts
Brake failures, tire separations, and faulty steering components cause crashes with no driver at fault. The manufacturer, distributor, or repair shop may be responsible under product liability law.
Who Is Liable For A Motorcycle Accident In New York?
Liability belongs to whoever breached a duty of care owed to the rider. In New York motorcycle cases, that is typically one or more of the following:
- Another motorist, for turning across a rider’s path, merging unsafely, speeding, or driving impaired
- A trucking or delivery company, when a commercial driver caused the crash while working
- A government entity, for failing to repair or warn about a known road hazard
- A parts manufacturer or repair shop, when a mechanical defect caused the loss of control
More than one party is often liable. New York permits recovery against each of them in the same lawsuit.
How Does Comparative Negligence Affect A Rider’s Recovery?
New York follows pure comparative negligence, so a rider’s compensation is reduced by their own percentage of fault but never eliminated. A rider found 30% at fault for a $500,000 verdict still recovers $350,000.
Insurers know this rule and use it aggressively against motorcyclists. Expect an adjuster to argue you were speeding, weaving, or hard to see, because every percentage point they assign you cuts what they pay.
Does No-Fault Insurance Cover Motorcyclists?
New York no-fault benefits do not cover motorcycle operators or their passengers. Riders must pursue the at-fault party directly for medical bills, lost income, and pain and suffering.
That exclusion carries one advantage. Because a motorcyclist is not a covered person under the no-fault law, the serious injury threshold that limits car accident claims generally does not apply to a rider’s lawsuit.
Does Not Wearing A Helmet Affect Liability?
Helmet use does not determine who caused the crash. New York requires helmets for all operators and passengers, and riding without one does not bar a claim against the negligent driver.
A defense attorney may still raise it to reduce damages. Courts can lower the award attributable to head injuries when the rider’s own choice worsened those specific injuries.
What Evidence Proves Liability After A Crash?
Liability is proven with police reports, scene photographs, dashcam and surveillance video, witness statements, vehicle damage analysis, and cell phone records. Accident reconstruction experts translate skid marks and impact points into the mechanics of who did what.
Much of this evidence disappears within days. Surveillance systems overwrite footage, and roadway conditions get repaired, which is why our Westchester County motorcycle accident lawyer begins investigating immediately.
How Long Do You Have To File A Claim?
New York gives an injured motorcyclist three years from the date of the crash to file a personal injury lawsuit. A wrongful death claim brought by a rider’s family must be filed within two years of the death.
Claims against a city, county, or the state run on a far shorter clock. A notice of claim is generally due within 90 days of the accident, and missing that deadline can end an otherwise strong road defect case.
Talk To A Motorcycle Accident Lawyer In Ossining
Identifying the cause of your crash is the first step toward holding the right party accountable for it. Jeffrey Weiskopf has recovered more than $20 million for injured clients across New York and handles motorcycle cases personally.
Call our Ossining motorcycle accident lawyer at 914-315-0111, answered 24/7, or send us a message. There is no fee unless we win your case.
