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New York is one of a handful of states that use a no-fault insurance system. This means that if you are involved in a car accident in New York, you will receive compensation for your medical bills and lost wages through your personal injury protection (PIP) policy, regardless of who is at fault. 

There are exceptions to this system. The most common exception is that you may file a lawsuit against an at-fault driver if your injuries from the accident meet the serious injury threshold. 

Additionally, this policy has an exclusion that applies to motorcycles. If you are operating a motorcycle, you are excluded from the no-fault system. You can file a lawsuit against the at-fault party in a motorcycle accident, regardless of how serious your injuries are. 

This makes liability a significant factor in New York motorcycle accidents. If you are injured in a motorcycle crash in New York, how much compensation you get and which party pays for it will depend on your ability to prove liability. 

FAQ: Determining Liability After a Motorcycle Accident in New York 

Who can be held liable for a motorcycle accident in New York?

Any driver, motorcyclist, or other road user whose negligence or recklessness caused the crash can be held liable. This includes distracted drivers, speeding motorists, or anyone who violated traffic laws and contributed to your injuries. 

Does New York’s no-fault insurance cover motorcycle accidents?

No. Motorcyclists are excluded from New York’s no-fault insurance system. This means if you’re injured in a motorcycle crash, you can immediately file a lawsuit against the at-fault driver—without needing to meet the “serious injury” threshold that applies to car accidents. 

What do I need to prove to show another driver was at fault?

To prove negligence, you must show four things: 

1. The driver had a duty to drive safely. 
2. They breached that duty (for example, by texting or running a red light). 
3. Their actions directly caused your accident. 
4. You suffered damages such as medical bills or lost wages as a result. 

What is “pure comparative fault” in New York motorcycle accidents?

New York uses a pure comparative fault system, meaning each party is assigned a percentage of fault. Your compensation is reduced by your share of responsibility. For example, if you’re found 20% at fault, you can still recover 80% of your damages. 

Why should I hire a motorcycle accident lawyer after a crash?

Insurance companies often try to shift blame or undervalue your claim. An experienced New York motorcycle accident attorney can investigate the crash, gather evidence, and negotiate for maximum compensation based on the true extent of the other driver’s fault. 

Determining Liability in a New York Motorcycle Accident 

The other driver in an accident is liable for the crash if they caused it intentionally or due to negligence. That driver is considered negligent if they meet the following four elements of negligence: 

• They had an obligation to protect you from injury 
• They violated that obligation 
• That violation resulted in your injuries 
• Your injuries caused you significant financial harm 

The first element of negligence is easy to prove in a motorcycle accident. Every driver is legally required to protect everyone else on the road from harm. This is why there are driving laws, and you are obligated to follow them. 

Typically, the second element is proven by showing that the other driver carelessly violated traffic laws.  

For example, if they looked away from the road to answer a text message on their phone, that is a violation of New York traffic laws. While they weren’t trying to cause an accident, if their carelessness contributed to the accident that caused your injury, they have met the second and third elements of negligence. 

Next, you must demonstrate that your injuries resulted from the accident and not some other reason. 

Finally, you need to show that you suffered financial harm from your injuries. Typically, this means you need to preserve medical records and bills. These records show exactly how much economic harm you sustained after a motorcycle accident. 

Pure Comparative Fault 

If you have been in a motor vehicle accident, you know they are rarely the fault of a single party. Often, the actions of multiple parties contribute to an accident. For example, you might be speeding while the other driver is distracted by their radio. Both factors may have partially contributed to causing the accident. 

When you and another driver are both partially at fault in a car accident, New York law allows you to get partial compensation from the other driver based on pure comparative fault. This is a system for calculating compensation when multiple parties are at fault. 

Under this system, a jury will determine the percentage that each party is responsible for your injuries. Then, you will be awarded compensation based on that percentage. 

For example, assume the jury determines that you are 30% responsible for your injuries and the other party is 70% responsible. If the value of your claim was $200,000, the jury would order the other party to pay you $140,000, which is 70% of the total value of your claim. 

Pure Comparative Fault and Insurance Settlements 

Technically, pure comparative fault only applies to trial verdicts. However, in practice, it also applies to insurance settlements.  

Insurance companies understand how the legal system works. They know that if you sue for damages, any compensation you receive will be prorated based on relative fault. Thus, they also apply the same system to settlements. 

This means the insurance company for a partially at-fault driver will determine a percentage of fault for their client. Then, based on that percentage, they will make a settlement offer. 

Even if you and the insurance company agree about the value of your claim, you may dispute the percentage of fault of each party. In situations like this, an experienced lawyer can help you collect evidence of fault to prove that the other driver has a higher percentage of fault than the insurance company attempted to claim. 

Contact Silberstein & Miklos Today 

If you were injured in a motorcycle accident in New York, just Ask4Sam. Contact us as soon as possible to schedule a free consultation.