If you or a loved one has been injured in a motorcycle accident in Buffalo, you will want to know if your injuries and medical expenses will be covered under no-fault motorcycle insurance. Unfortunately, New York does not cover motorcycle accidents under no-fault insurance. However, there are other ways you can still receive compensation.
No Fault Motorcycle Insurance | Am I Covered?
I get a number of calls from people who have been injured in motorcycle accidents either operating the motorcycle, being a passenger – or sometimes even as a pedestrian who has been struck by one. The answer to their question, “What benefits are available to me?” differs depending on the questioner’s role in that accident. New York State exempts motorcycle drivers and passengers from receiving no-fault medical insurance benefits because the activity itself is considered to be inherently dangerous. However, motorcyclists are allowed to purchase certain amounts of medical payment coverage on their policy of insurance for a motorcycle, but those amounts are typically very small – generally totaling around $5,000 in medical payments for a rider – as opposed to the basic no-fault medical benefit available to a car operator of $50,000.
There is, however, a specific exception if you’re a pedestrian. In the rare case when a pedestrian is struck by a motorcycle, they actually do have access to New York State’s no-fault benefit. That means a pedestrian’s medical benefits, wages, and mileage to visit the doctor are covered through the insurance company that covers the involved motorcycle.
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No Fault Motorcycle Insurance | Receiving Compensation
As a Buffalo motorcycle accident lawyer, I am often asked by injured motorcyclist if there is any compensation they can seek after an accident. Compensation could include pain and suffering, lost wages, and medical bills since you are not covered under NYS No Fault. I advise clients that we will look to the other vehicle for payment of any unpaid medical bills.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Causes of Buffalo Motorcycle Accidents
Most of the motorcycle accidents that we have seen in the Western New York area have occurred as a result of negligence. Many car drivers fail to notice motorcycles because of these vehicles’ smaller size, and drivers can easily turn at the wrong time, cutting off and colliding with adjacent motorcycles.
Common causes of motorcycle-related accidents include:
- Distracted Driving
Distracted driving is a leading cause of accidents across the country, and Erie County is no exception. With the increasing use of smartphones and other electronic devices, drivers are often tempted to check messages, change music, or even use social media while driving. When they take their eyes off the road, the consequences can be catastrophic for motorcyclists.
To avoid becoming a victim of distracted driving accidents, motorcyclists should stay vigilant and maintain a safe distance from vehicles that appear to be swerving or behaving erratically. Defensive riding and increased awareness can help mitigate the risks associated with distracted drivers.
- Speeding
Speeding is another significant contributor to motorcycle accidents in Erie County. The allure of high speeds can be tempting for both motorcyclists and other motorists. However, the dynamics of a motorcycle are very different from those of a car. When motorcyclists travel at high speeds, they have less time to react to unexpected obstacles or road conditions, increasing the likelihood of accidents.
Motorcyclists should always adhere to posted speed limits and adjust their speed according to traffic and weather conditions. Remember, it’s not just about staying within the law; it’s about staying safe.
- Impaired Driving
Driving under the influence of alcohol or drugs is a dangerous choice that affects not only the intoxicated driver but also everyone else on the road. Impaired drivers have decreased reaction times, impaired judgment, and compromised coordination, all of which significantly increase the risk of accidents.
For motorcyclists, the consequences of impaired driving can be particularly severe. To reduce the risk, never drink and ride, and always be on the lookout for signs of impaired drivers on the road. If you suspect someone is driving under the influence, maintain a safe distance and call the authorities when it’s safe to do so.
- Lane Splitting
Lane splitting is a practice where motorcyclists ride between lanes of slow-moving or stopped traffic. While it’s legal in some states, it’s illegal in New York. Lane splitting poses a significant risk because it puts motorcyclists in close proximity to other vehicles and limits their ability to react to sudden changes in traffic.
To prevent accidents related to lane splitting, motorcyclists should always stay within a single lane of traffic and avoid weaving between cars. Observing traffic laws and staying in the flow of traffic can help ensure everyone’s safety.
- Inexperienced Riders
Inexperienced riders are more likely to be involved in accidents, particularly those who have not completed a motorcycle safety course. Proper training is essential for mastering the skills needed to safely operate a motorcycle, especially in challenging road conditions.
If you’re a new rider, investing in a motorcycle safety course is a wise decision. These courses teach you the fundamentals of motorcycle operation, safety strategies, and how to handle various road scenarios. Additionally, experienced riders should always be patient and understanding towards novice motorcyclists on the road.
- Poor Road Conditions
Erie County’s weather can be unpredictable, and the roads can become treacherous during the winter months. Snow, ice, and wet conditions can make riding a motorcycle extremely hazardous. Even during the warmer months, potholes and uneven road surfaces can pose risks.
To protect yourself from accidents caused by poor road conditions, it’s crucial to be aware of the weather and road conditions before heading out. Avoid riding in adverse weather whenever possible and exercise extra caution when the roads are less than ideal.
- Failure to Yield Right of Way
Motorcycles are sometimes less visible to other motorists, which can lead to accidents when drivers fail to yield the right of way. This often happens at intersections or when vehicles are making left turns. Motorcyclists should always be vigilant and make themselves as visible as possible to other drivers.
Wearing bright clothing, using headlights during the day, and positioning yourself within your lane can help increase your visibility on the road. Additionally, anticipate potential conflicts at intersections and be prepared to take evasive action if necessary.
- Lack of Protective Gear
Proper protective gear can mean the difference between a minor injury and a life-threatening accident. Many motorcyclists in Erie County neglect to wear helmets, gloves, and protective clothing, leaving themselves vulnerable in the event of a crash.
To minimize the risks associated with accidents, always wear a DOT-approved helmet, protective gloves, a sturdy jacket, long pants, and over-the-ankle boots. These precautions can provide essential protection in the event of a collision.
- Inadequate Motorcycle Maintenance
Regular motorcycle maintenance is crucial to ensure that your bike is safe to ride. Neglecting routine inspections and maintenance tasks can lead to mechanical failures that result in accidents.
To prevent accidents caused by mechanical issues, follow your motorcycle manufacturer’s recommended maintenance schedule. Regularly check the brakes, tires, lights, and all other critical components. A well-maintained motorcycle is a safer motorcycle.
- Aggressive Driving
Aggressive driving behaviors, such as tailgating, road rage, and aggressive lane changes, can be particularly dangerous for motorcyclists. Aggressive drivers may not give motorcyclists the space they need to maneuver safely.
What To Do If You’ve Been Injured In A Motorcycle Accident in Buffalo
If you have been injured in a motorcycle accident in or near Buffalo, make sure that you remain at the crash site. If you are too injured to move, stay where you are and wait for emergency personnel. If you are able to move without causing additional harm to yourself, you should collect evidence from the crash site. Take photos of the vehicles involved in the crash and of the surrounding area. Take pictures that show the entire crash site as well as damaged vehicles and injuries. Make sure to collect the contact information for all parties involved in the accident as well as for witnesses. Get a copy of the police report and make sure that you receive proper medical attention and treatment.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
First Steps Following a Motorcycle Accident:
If you have been injured in a motorcycle accident in or near Buffalo, make sure that you remain at the crash site. If you are too injured to move, stay where you are and wait for emergency personnel. If you can move without causing additional harm to yourself, you should collect evidence from the crash site. Take photos of the vehicles involved in the crash and of the surrounding area. Take pictures that show the entire crash site as well as damaged vehicles and injuries. Make sure to collect the contact information for all parties involved in the accident as well as for witnesses. Get a copy of the police report and make sure that you receive proper medical attention and treatment.
Seeking Full Compensation and Recovery
Injured victims of motorcycle accidents can seek compensation from the at-fault parties for damages such as medical expenses, lost wages, cost of hospitalization, rehabilitation, pain and suffering, permanent injury, and emotional distress. Unfortunately, when an individual is killed in a motorcycle accident, their family members can file a wrongful death claim seeking compensation for damages as well.
Motorcycle Accident Case Mistakes
It sometimes feels as though all the motorcycles that call the streets of Buffalo home seem to go into hibernation during the winter months. Come warm weather, and they’re back again, roaring down the streets, causing older generations to grumble endearingly about “hoodlums” and “noise pollution”. Cruising around cars and traffic that meander lazily along a measured way of life, motorcyclists leave a lust for life in their wake. If the city is an urban wilderness, then the motorcycles are the wolves: untamable, wild and free.
At least that is what a motorcyclist will tell you. As a practicing attorney, I have yet another perspective on the matter, one that will hopefully help motorcyclists be safe while on the road. You see, the problem with motorcyclists is that they are not as stable as automobiles. Therefore, motorcycle accidents are frequent and tragic. Especially in the late spring and early summer, they become more the stuff of headlines than legends.
Motorcycle accident victims are the most susceptible because they do not have the protective shell, seatbelts and airbags of a vehicle. Moreover, even when they are following the law, accidents occur because other drivers simply did not see them coming. As a motorcycle accident lawyer, this is by far, the most common defense I hear. Those accidents are much more serious typically as far as the injuries go. The damages to the vehicle that the motorcyclist is driving are typically much worse. The bikes are often demolished and totaled, and the person themselves are typically facing a long uphill battle regarding recovery.
Another important issue is that because of the high risk of injury in an accident, New York State no-fault benefits are not offered to motorcyclists. What that means is your options for treatment are much more limited. You should hope that you have good medical insurance on your own and if you don’t, you’re going to have an even harder time finding doctors to treat the injuries that you are dealing with.
One of the first things you should do if (God forbid!) you happen to be a victim of a motorcycle accident, is to call an attorney who can help you understand what compensation is available to you. Preferably, a qualified lawyer who knows how to handle these kinds of cases, and who maybe also rides a motorcycle. This is actually important because they will then understand what you experienced, and are already aware of what situations pop up through no fault of yours.
If you have been injured in a motorcycle accident, make sure you remain at the crash site. If you are too injured to move, stay where you are and wait for emergency personnel. If you can move without causing additional harm to yourself, you should collect evidence from the crash site. Take photos of the vehicles involved in the crash and of the surrounding area. Take pictures that show the entire crash site as well as damaged vehicles and injuries. Make sure to collect the contact information for all parties involved in the accident as well as for witnesses. Get a copy of the police report and make sure you get proper medical attention and treatment. Motorcycle accidents can cause catastrophic injuries and deaths to motorcyclists. It is extremely important to preserve all evidence and uncover all sources of legal and financial responsibility.
Not Wearing Helmets
Although in New York State that’s quite rare because it’s against the law and it’s obvious to any police officer that you might pass, some states don’t have that same law. If, in fact, you’re ever involved in an accident like that, you do have a right to compensation if it’s somebody else’s fault for causing the accident. The difference is going to involve the extent of the damages you’re entitled to, especially if wearing the helmet would have prevented those injuries. For example, if you broke your leg, then you are entitled to full compensation because wearing a helmet didn’t come into play at all regarding that injury. However, claiming head trauma or a traumatic brain injury will be much more challenging because the defense will be able to argue that your defenses would have been less or not occurred if you had worn your helmet. If you’re ever in this circumstance or you’ve been injured in a motorcycle accident, you should call somebody immediately who is a qualified personal injury attorney for assistance.
Summary:
- Regardless of the laws in your state, always wear a helmet.
- If you have a passenger, insist they wear helmets too.
Assuming You’re Visible
Accidents involving motorcycles, in Buffalo and Western NY, usually occur because of negligence. Many car drivers overlook motorcycles because of their small size. Not seeing motorcycles, drivers turn into them or cut them off. Additionally, a lot of people have their windows rolled up while they innocuously blast Hotline Bling. If such individuals did not see you, they probably did not hear you either. The consequences of such a situation can be disastrous. These accidents can include:
- Running a red light or stop sign without seeing the approaching motorcycle
- Failing to yield right-of-way to the motorcycle, particularly during lane changes
- Failing to check blind spots for motorcyclists before changing lanes
As a motorcyclist, you must assume responsibility of your own safety first and not trust in those around you, no matter how well-meaning they may be. If they cannot see you, and they cannot hear you, you cannot leave your well-being in their hands.
Summary:
- Do not entrust your safety, your life to others, because every driver on the road may not be able to see or hear you approach.
- Always ensure you can compensate for the mistakes of drivers around you.
Inviting Passengers Before You’re Ready
Because you are not protected by the New York State No Fault insurance or the No Fault statute, medical bills become the responsibility of the person who is injured. We look to the other car for any medical payments provisions, but can also add unreimbursed medical expenses caused by your crash as a component to your claim.
Passengers are along for the ride, so they can’t control the operation of either the motorcycle or the other car that’s involved. They are a pure plaintiff. The focus then is on what are the damages that they’re dealing with? What are the nature and extent of the injuries that they are suffering through? That really is how we approach those cases and where the value lies, and we look at it from an investigation standpoint of how the accident happened but also the biomechanics of what that passenger went through.
Summary:
- You are responsible for the life and safety of your passenger.
- Do not invite a passenger to ride with you unless you are sure you are ready to do so.
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Motorcycle Helmet Laws in New York
Wearing a helmet is a fundamental safety measure for motorcycle riders, and it’s important to be aware of the laws governing helmet usage throughout the state of New York.
- Universal Helmet Law: New York State has a universal helmet law, which means that all motorcycle riders and passengers must wear helmets at all times while on the road. The law applies to riders of all ages, regardless of their experience or the type of motorcycle they are operating.
- Helmet Specifications: It’s not enough to just wear any helmet; it must meet the safety standards set by the U.S. Department of Transportation (DOT). Look for the DOT label on your helmet to ensure it complies with these standards. Helmets should fit snugly and securely on your head to provide maximum protection.
- Eye Protection: In addition to wearing a helmet, riders are required to have adequate eye protection, such as a face shield or goggles. This is to shield the eyes from debris, wind, and insects, which can impair vision and cause accidents.
- Penalties for Non-Compliance: Failure to wear an approved helmet or eye protection can result in fines and penalties if caught by law enforcement. Riding without proper head protection not only puts your safety at risk but can also lead to legal consequences.
Motorcycle Gear Requirements
In addition to helmets and eye protection, riders in Cheektowaga are subject to specific gear requirements to enhance safety on the road.
- Protective Clothing: While it is not mandated by law, wearing protective clothing, such as jackets, pants, gloves, and boots, is highly recommended for motorcycle riders. These items offer additional protection against abrasions, road rash, and injuries in the event of an accident.
- Reflective Gear: Using reflective gear or clothing can significantly increase visibility, especially during nighttime rides or adverse weather conditions. While it is not legally required in Cheektowaga, it is a practical safety measure to consider.
Is there any Compensation for Motorcycle Accident Victims?
Because you are not protected by the New York State No Fault insurance or the No Fault statute, medical bills become the responsibility of the person who is injured. Your attorney will look to the other car for any medical payments provisions but can also add unreimbursed medical expenses caused by your crash as a component to your claim.
What Symptoms Should I Look for After a Motorcycle Accident?
When you’re an accident victim and it’s not your fault, whether you’re riding a motorcycle or you’re a passenger, you instantly qualify to receive compensation for your injuries. The only difference is what are those level of injuries that you’re able to be compensated for.
What are the Differences Between a Motorcycle Accident and a Car Accident?
Motorcycle accident victims are the most susceptible because they don’t have the protective shell of a vehicle, there are no seatbelts, there are no airbags, and other drivers do not see them coming. It’s the most common defense that we hear, they just didn’t see you. Those accidents are much more serious typically as far as the injuries go compared to auto accidents. The damages to the vehicle that the motorcyclist is driving are typically much worse. The bikes are often demolished and totaled, and the person themselves are typically facing a long recovery.
Because of the high risk of injury in an accident, New York State no-fault benefits are not offered to motorcyclists. This means your options for treatment are much more limited. You should hope that you have good medical insurance on your own and if you don’t, you’re going to have an even harder time finding doctors to treat the injuries that you’re dealing with.
Who is Responsible for a Motorcycle Injury or Death?
In New York State, the person who was driving or operating the other vehicle is responsible, as well as the owners who are vicariously liable. This means they are responsible for whatever accidents occur when they allow another person to drive their car. If the driver happens to be during their employment on duty working for their company, the employer may also be held responsible for the actions of that employee while they are working.
What Should I Do if I Was Involved in a Motorcycle Accident Without a Helmet?
Although in New York State it’s against the law to ride without a helmet and it’s obvious to any police officer that you might pass. If you’re ever involved in an accident like that, you do have a right to compensation if it’s somebody else’s fault for causing the accident. The difference is going to involve the extent of the damages you’re entitled to, especially if wearing the helmet would have prevented those injuries.
For example, if you broke your leg, then you are entitled to full compensation because wearing a helmet didn’t come into play at all regarding that injury. However, claiming head trauma or a traumatic brain injury will be much more challenging because the defense will be able to argue that your defenses would have been less or not occurred if you had worn your helmet.
The Role of Comparative Negligence in New York State Motorcycle Accident Cases
Comparative negligence is a legal principle that determines the degree of fault of each party involved in an accident. In New York State, the courts apply a pure comparative negligence standard. This means that even if a motorcyclist is partially at fault for an accident, they can still recover compensation for their injuries and damages. However, the amount of compensation awarded will be reduced proportionately to their level of fault.
Verdicts & Settlements
Proving Comparative Negligence:
To establish comparative negligence in a motorcycle accident case, several key elements must be considered. First, it must be shown that the defendant owed a duty of care to the plaintiff. This duty of care requires all drivers, including motorcyclists, to operate their vehicles safely and follow traffic laws.
Second, it must be proven that the defendant breached their duty of care. This can include actions such as speeding, failing to yield the right of way, or distracted driving. If the defendant’s actions contributed to the accident, their level of fault will be evaluated.
Finally, the plaintiff’s own actions leading up to the accident will be scrutinized. This includes assessing whether the motorcyclist was adhering to traffic laws, wearing proper safety gear, and exercising caution on the road. If the plaintiff is found to have contributed to the accident, their level of fault will also be determined.
Impact on Compensation:
Once the degrees of fault are established, the courts will adjust the compensation accordingly. For example, if a motorcyclist is found to be 30% at fault for the accident and their damages are calculated to be $100,000, their compensation will be reduced by 30% to $70,000. It is crucial to have an experienced attorney on your side who can effectively argue for a fair allocation of fault.
Comparative Negligence in Motorcycle Accident Cases: Factors Considered
When determining the level of fault in a motorcycle accident case, the court takes several factors into account. These factors can include the speed at which each party was traveling, the visibility conditions at the time of the accident, any traffic violations committed by either party, and whether the motorcyclist was wearing a helmet or other protective gear.
Additionally, the court will consider any evidence provided by both parties, such as witness testimonies, accident reconstruction reports, and photographs or videos of the accident scene. This comprehensive evaluation allows the court to make a fair determination of the degree of fault for each party involved.
Comparative Negligence and Insurance Claims
Comparative negligence also plays a role in insurance claims related to motorcycle accidents. Insurance companies will often conduct their own investigations to determine the level of fault of each party involved. They may use this information to adjust the amount of compensation they offer or to deny a claim altogether.
Having a skilled attorney representing you can be crucial in dealing with insurance companies. They can negotiate with the insurance adjusters to ensure that your rights are protected and that you receive the maximum compensation possible, considering the comparative negligence factors involved.
Statute of Limitations for Motorcycle Accident Cases
It is important to be aware of the statute of limitations when pursuing a motorcycle accident case in New York State. The statute of limitations sets a time limit within which a lawsuit must be filed. In most cases, the statute of limitations for personal injury claims arising from motorcycle accidents in New York is three years from the date of the accident.
Failing to file a lawsuit within the specified time frame can result in the loss of your right to seek compensation. Therefore, it is crucial to consult with an attorney as soon as possible after a motorcycle accident to ensure that you meet all necessary deadlines.
NYS Motorcycle Statute of Limitations
If you were injured in a motorcycle accident, watch this video by our Buffalo accident attorney to learn about the NYS motorcycle statute of limitations.
If you have been seriously injured in a motorcycle accident, it is important to seek legal representation as soon as possible. Contact our Buffalo personal injury attorneys for a free consultation. Our team of skilled Motorcycle Accident Attorneys will fight to get the compensation that you deserve.