Motorcycle Accident Lawyer New York
Motorcyclists face a level of physical exposure in a collision that occupants of a passenger vehicle do not, and the resulting injuries are often more severe as a result, ranging from road rash and fractures to traumatic brain injuries and spinal cord damage. Motorcycle accidents in New York frequently involve disputes over fault, since other drivers often report not seeing the motorcycle before a collision, and insurance companies sometimes attempt to attribute a disproportionate share of fault to the motorcyclist based on assumptions about motorcycle riding generally rather than the specific facts of the crash. New York’s no-fault insurance and comparative fault framework both apply to motorcycle accidents, though with certain provisions specific to motorcycles built into the statutory scheme. Law Offices Of SRIS, P.C. reviews the facts of motorcycle accident claims throughout New York. If you were injured in a motorcycle accident, call (888) 437-7747 to discuss your situation.
What Motorcycle Accident Claims Mean in New York
New York’s no-fault insurance law specifically addresses motorcycles within its serious injury threshold framework. Under N.Y. Ins. Law § 5104(a), which governs causes of action for personal injury arising from the use or operation of a motor vehicle, the owner, operator, or occupant of an insured motorcycle is treated within the same threshold structure that limits non-economic loss claims between covered persons to cases involving a serious injury. A serious injury is defined by the eight categories in N.Y. Ins. Law § 5102(d), which include death, dismemberment, significant disfigurement, a fracture, permanent loss of use of a body organ or system, permanent consequential limitation of use of a body organ or member, and significant limitation of use of a body function or system.
Because a motorcycle accident claim is a personal injury action arising from the operation of a motor vehicle, it is subject to Insurance Law article 51, which means New York’s comparative fault rule applies through subsection (b) of N.Y. C.P.L.R. § 1411 rather than the general rule in subsection (a). Under subsection (b), a claimant found more at fault than the defendant or combined defendants is barred from recovery entirely, rather than simply having damages reduced. This makes it particularly important in motorcycle cases to counter any assumption of rider fault with a clear factual account of how the collision actually occurred.
Where the at-fault vehicle is owned by someone other than the driver, N.Y. Veh. & Traf. Law § 388 can impose liability on the vehicle owner for injuries caused by negligent operation of the vehicle by a person using it with the owner’s permission. Personal injury claims arising from a motorcycle accident are generally subject to the three-year limitations period in N.Y. C.P.L.R. § 214(5), running from the date of the accident.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Motorcycle Accident Cases
Mr. Sris and the firm’s Of Counsel attorneys begin a motorcycle accident matter by working to establish a clear, evidence-based account of how the collision occurred, since motorcyclists often face an uphill battle against assumptions of fault that are not grounded in the specific facts of the crash. This can include reviewing police reports, witness accounts, roadway conditions, vehicle damage patterns, and any available video footage.
The firm also evaluates the applicable insurance coverage, including the no-fault benefits available under N.Y. Ins. Law § 5102 and the serious injury threshold under N.Y. Ins. Law § 5104, and coordinates with treating providers to document the client’s injuries and their connection to the accident. Because motorcycle injuries are often severe, thorough documentation of the injury’s impact is frequently central to the claim.
Mr. Sris and the firm’s Of Counsel attorneys manage communications with insurance carriers and opposing counsel throughout the matter, working to counter unsupported fault allocations while preparing the case for litigation where necessary. The firm keeps clients informed as the investigation and claim development proceed.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University supports his approach to detailed damages documentation, which is often significant in motorcycle accident cases involving serious injuries. Mr. Sris and the firm’s Of Counsel attorneys concentrate in personal injury matters throughout New York, including motorcycle accident claims. The firm’s Of Counsel attorneys contract directly with the firm. Anyone injured in a motorcycle accident may request a consultation to discuss a potential claim by calling (888) 437-7747.
Frequently Asked Questions
Does New York’s no-fault law apply to motorcycle accidents?
New York’s no-fault framework specifically addresses motorcycles under N.Y. Ins. Law § 5104(a), which places insured motorcycle owners, operators, and occupants within the same serious injury threshold structure that applies to other motor vehicles. Recovery for non-economic loss generally requires establishing a serious injury under N.Y. Ins. Law § 5102(d).
Is New York a pure comparative negligence state for motorcycle accidents?
Not entirely. Because a motorcycle accident is a personal injury action subject to Insurance Law article 51, N.Y. C.P.L.R. § 1411(b) applies rather than the general pure comparative fault rule in subsection (a). Under subsection (b), a claimant found more at fault than the defendant or defendants is barred from recovery entirely.
Why do insurance companies often blame the motorcyclist?
Insurers sometimes rely on general assumptions about motorcycle riding rather than the specific facts of a crash when evaluating fault. A clear, evidence-based account of the collision, including police reports, witness statements, and physical evidence, is often necessary to counter these assumptions.
How long do I have to file a motorcycle accident claim?
Motorcycle accident claims are generally subject to the three-year personal injury limitations period under N.Y. C.P.L.R. § 214(5), running from the date of the accident in most circumstances.
Can the vehicle owner be liable if someone else was driving?
Yes, in certain circumstances. N.Y. Veh. & Traf. Law § 388 can impose liability on a vehicle owner for injuries caused by negligent operation of the vehicle by a person using it with the owner’s permission, which can be relevant when the at-fault vehicle was not owned by its driver.
Related Pages
Car Accident Lawyer New York |
Lyft Accident Lawyer New York |
Hit and Run Accident Lawyer New York |
Wrongful Death Lawyer New York |
Statute of Limitations for Personal Injury in New York
This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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A motorcycle accident claim is one part of motor vehicle accidents work, and our page on car accident lawyer New York covers the wider process.