State Motorcycle Law
Motorcyclists throughout New York are required to abide by state motorcycle laws. These rules are designed to protect riders as well as others on the road. At The Cassisi Law Firm, our Queens motorcycle accident attorneys can help injured riders pursue legal remedies from negligent drivers following a motor vehicle collision. While these laws provide mandated safety and operating requirements, they are not a guarantee against the harm posed by careless drivers. If you have suffered injuries following a motorcycle accident, we can help you understand your legal rights and options.Protections Under New York Motorcycle Laws
New York requires riders to meet specific motorcycle regulations before riding their vehicles upon public highways within the state. These laws include maintaining working brakes, a horn or suitable bell, and functioning front and rear lamps. Certain motorcycles, manufactured after 1971, must have front and rear wheel brakes. Despite these regulations and state laws, motorcycle riders continue to suffer injuries in vehicle accidents, often due to the negligence of other drivers.
The unique nature of a motorcycle makes it more dangerous than traveling in an enclosed car. Motorcycles are smaller in size than a four-wheeled vehicle, and the rider is exposed while driving. A motorcyclist may abide by state motorcycle laws and still be seriously injured by the careless actions of another driver.Pursue Compensation from a Negligent DriverIf a motorcyclist suffers harm due to the negligence of another driver, that person may be held responsible through a personal injury lawsuit. In most of these situations, the plaintiff motorcyclist would try to show the four elements of a negligence claim: duty, breach, causation, and damages.
All drivers owe others on the road a duty of care, which includes abiding by vehicle codes and driving reasonably under the circumstances. Breaching the duty of care may involve speeding through a residential area, texting while driving, driving while intoxicated, or countless other behaviors. In certain situations, it is a breach of the duty of care to drive without concern for weather conditions, such as slick roads after a rain or heavy snowstorm.
After showing the duty of care and a breach, the injured plaintiff would show that the breached duty of care directly caused their injuries. This element of negligence centers on proving that if the defendant had met their standard of care, the accident likely would not have occurred. As a final part of a negligence claim, the plaintiff must demonstrate actual damages. This means that injuries must be proven through bills and documentation. Economic and noneconomic damages both may be recovered in a personal injury lawsuit.
If a plaintiff has violated a state motorcycle law and is found partially negligent in a personal injury lawsuit against a defendant driver, they will not be entirely barred from recovery. New York follows the doctrine of pure comparative fault. After the court determines the percentage of fault attributed to each party, damages may be awarded in proportion to that amount of fault.
For all personal injury claims following a motorcycle accident, the victim must file their lawsuit within three years from the date of the collision. This statute of limitations bars claims filed after this period of time, unless an exception applies.Contact a Knowledgeable Motorcycle Attorney in Queens
At The Cassisi Law Firm, our Queens motorcycle accident lawyers are prepared to assist and guide you following a crash. For over 30 years, our motor vehicle collision lawyers have helped injured individuals assert their rights. We also have represented victims in the Bronx, Brooklyn, and Nassau and Suffolk Counties. Call us at (718) 441-5050 or use our online form to schedule a free consultation.