Many New York motorcycle accident lawsuits follow the same general rules as other personal injury claims. For instance, a rider generally has three years from the accident to file a lawsuit. Separately, some insurance and injury claim rules apply differently to motorcycle accidents in New York. So if you were hurt on a motorcycle, the law may treat your case differently than if you were hurt in a car. These differences can affect how you pursue compensation.
At Shaevitz & Shaevitz, we understand the challenges injured riders and passengers face. Our attorneys can explain how the law applies to your situation and investigate the crash to build a claim that helps you pursue the compensation you deserve. Understanding what sets motorcycle accident claims apart is an important first step.
Motorcycle Riders and Passengers Are Excluded From No-Fault Benefits
New York’s no-fault insurance pays eligible accident-related medical expenses and a portion of lost earnings, regardless of who is at fault. However, insurance law excludes motorcycle riders and passengers from these benefits because Insurance Law § 5102(f) excludes motorcycles from its definition of “motor vehicle” for purposes of the no-fault law. This creates a key distinction between motorcycle and car accident claims. An eligible person injured in a car can seek no-fault benefits without first proving who caused the crash. However, an injured motorcyclist cannot rely on the same benefits.
Being excluded from no-fault benefits does not mean you cannot seek remedies for your medical bills or lost income. When the evidence supports it, you may pursue a claim against a party responsible for your injuries to seek compensation for lost wages and other documented losses.
Riders Are Not Subject to the Serious Injury Threshold
“Serious injury” has a specific legal meaning under New York insurance law, and people hurt in car accidents that fall under no-fault coverage typically must meet a serious injury threshold to sue for pain and suffering damages. However, motorcycle riders and passengers are not subject to that threshold.
Not having to meet this threshold removes one legal hurdle that applies to many car accident claims. However, it does not mean every motorcycle injury leads to compensation or that all claims have the same value. The nature of the rider’s injuries still matters when evaluating the claim. They must also still establish the other party’s liability and provide evidence supporting their injuries and damages.
Lane Splitting Can Complicate a Motorcycle Accident Claim in New York
Lane splitting, or riding between lanes or adjacent rows of vehicles, is prohibited under New York’s Vehicle and Traffic Law § 1252. This law also bars a rider from passing another vehicle within the same lane.
Two motorcycles may lawfully travel side by side within one lane in New York. This is different from prohibited lane splitting. The same law also protects a motorcycle’s right to use a full traffic lane. A motorcycle’s smaller size doesn’t mean that another driver can crowd it out of the lane. This matters because discussions about lane splitting shouldn’t focus only on restrictions imposed on riders. When reviewing a crash, one of our attorneys can examine whether another driver interfered with the motorcycle’s lawful use of its lane.
If a rider’s lane splitting contributed to a collision, the other party can argue the rider shares responsibility. But the rider’s actions are still just one part of the analysis. A claim must also consider what the other driver did and how each party’s actions contributed to the crash. Even if you violated a traffic law, you may still have a case.
Seek Compensation After a Motorcycle Accident in New York
If you were in a motorcycle accident in New York, you should be able to focus on your recovery without having to understand every insurance rule. Whether you were riding or traveling as a passenger, you deserve clear answers about your options after a crash.
The attorneys at Shaevitz & Shaevitz can review what happened and clarify how the rules apply in your situation. We’re ready to act and help you secure the compensation you deserve for the harm you experienced. Contact us for a free consultation.
