Representing Westchester and Putnam Motorcycle Accident Victims
Motorcycles have become an increasingly popular way to travel, but accidents are also on the rise, often resulting in significant injuries. Because of the public bias against motorcyclists, these cases present unique challenges that can only be handled by a highly skilled personal injury attorney.
Common Causes of Motorcycle Accidents
There are many factors involved in motorcycle accidents, including:
- Lane splitting
- Drugs and alcohol
- Weaving in and out of traffic
- Failing to wear protective gear (helmet, leather)
Motorcycle Insurance and Liability Rules in New York
It is important to be aware that the legal protections for motorcyclists differ from those of automobile drivers. In particular, insurance and liability rules in New York are not the same for motorcycles and cars. Under the No-Fault law, a motorcycle is not deemed to be a motor vehicle and motorcyclists are non-covered persons. Therefore, motorcyclists are not eligible for No-Fault coverage for medical costs and lost wages.
However, the No-Fault law’s “serious injury” threshold for those injured in motor vehicle accidents does not apply to motorcyclists. This means a person injured on a motorcycle can bring a claim against an offending driver for minor injuries that do not reach the No-Fault threshold.
In addition, there are specific insurance considerations related to motorcycle accidents. In New York, motorcycle insurance premiums are as follows:
- $25,000 per person injured in any one accident
- $50,000 because of the
- of one person in one accident
- $50,000 for two or more persons injured in one accident
- $100,000 for the deaths of two or more persons injured in one accident.
Lastly, injured motorcyclists may also be entitled to underinsured (UM) or supplemental underinsured motorist (SUM) coverage which allows an accident victim to recover damages from his or her insurance company if the other driver is underinsured or uninsured. The injured motorcyclist’s insurance policy will indicate the amount of UM/SUM coverage that was purchased and available.
Dedicated Motorcycle Accident Attorney
The law office of Michael LoGiudice is dedicated to helping injured motorcyclists obtain the compensation they deserve. Ultimately, it is crucial to overcoming public perceptions by proving the injured motorcyclist was riding in a reasonable, prudent, and legal manner. In so doing, we can show that the motorcyclist is entitled to the same rights and subject to the same rules of the road as the driver of any other motor vehicle – with some exceptions under New York law. If you or a loved one were injured in a motorcycle accident, fill out a contact form or call our office today for a free consultation.