Yes, you can sue after a motorcycle accident if you weren’t wearing a helmet in New York. This is true even though all motorcyclists are required to wear helmets by law. However, the compensation you can receive may be reduced, especially if you have suffered a head injury.
Pursuing a lawsuit after a motorcycle accident can be complicated due to New York’s no-fault auto insurance regulations and comparative negligence framework. It is smart to consult with a personal injury lawyer who understands the applicable laws and will fight on your behalf.
Our team of Long Island personal injury lawyers has recovered more than $100 million in settlements and awards for injured New Yorkers. Call today to schedule your free, no obligation consultation and find out how we can help when you have been in a motorcycle accident.
The Importance of Legal Help
It is always a good idea to talk with a lawyer when you are injured in an accident, but especially one as complicated as a motorcycle crash where you weren’t wearing a helmet. While every circumstance is unique, some ways our attorneys may be able to help include:
- Healing your story during your free consultation and advising you on whether you have a case.
- Informing you of your rights under applicable New York laws.
- Investigating your accident to determine how it happened and who was involved.
- Identifying every liable party responsible for your damages.
- Calculating your compensation based on your economic and non-economic damages.
- Filing your claim or lawsuit and dealing with paperwork.
- Negotiating for a fair settlement that totally covers your damages.
- Argue your case in court if necessary.
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New York’s No-Fault Insurance
New York is a no-fault state for auto accidents, meaning you must rely on your own insurance policy to cover your damages after a car crash. However, motorcycle accidents differ from car crashes in New York.
Instead, you must seek compensation for your damages from the responsible party. Your options for recovering expenses and paying for your health care, property damages, and other costs include:
- Relying on your own personal health insurance policy.
- Filing a claim with the other driver’s insurance provider to cover your costs.
- Filing a lawsuit when the driver’s insurance does not cover your damages.
Comparative Negligence in New York
New York follows a pure comparative negligence system, which means you can recover damages after an accident even if you were partially at fault. In the context of a motorcycle crash, this can reduce the total compensation you may be able to recover.
While you can sue after a motorcycle accident if you weren’t wearing a helmet, the court may decide your own negligence played a role in your injuries. If it rules you were 40% responsible, for example, you will only recover 60% of the award you would otherwise have been entitled to.
Insurers can use the comparative negligence regulations to attempt to reduce the compensation they will pay out, especially if you endured a head injury that could have been less severe had you worn a helmet. Our attorneys can push back and argue for maximum compensation,
Statute of Limitations for Motorcycle Accidents
The statute of limitations for motorcycle accident injury claims is generally three years from the date of the accident in New York. This deadline applies to negligence-based personal injury lawsuits and is set by CPLR § 214(5). There can be exceptions in specific situations.
For example, if the injured person is a minor, the statute of limitations is typically tolled until age 18. If a motorcycle accident results in death, a wrongful death claim must be filed within two years from the date of death, which may differ from the accident date.
Special rules also apply when a government entity, such as the City of New York, is involved. In those cases, a Notice of Claim must be filed within 90 days of the accident, and the lawsuit should be commenced within one year and 90 days.
Get Help From a Motorcycle Accident Attorney in New York
You can file a lawsuit when you are injured in a motorcycle accident in New York, even if you were not wearing a helmet. However, because of comparative negligence rules, your compensation may be reduced, particularly if you have suffered a head injury.
In New York, motorcyclists are excluded from the no-fault insurance regulations, meaning you must pursue damages through the at-fault party’s insurer or via a lawsuit. It can get complicated fast, and it’s always a good idea to consult with an attorney when you are hurt in an accident.
Our attorneys at Chaikin Trial Group Personal Injury Lawyers have more than 50 years of combined experience, standing up for New York residents who were injured due to no fault of their own. If you have been hurt in a motorcycle accident, call for your free consultation.