Riding motorcycles is dangerous. Motorcyclists account for 14% of all crash-related fatalities, even though they are only 3% of the vehicles on the road. Motorcyclists are 28 times more likely than passenger vehicle occupants to die in a car crash. More than 80% of these types of crashes result in an injury or death.

New York is a no-fault state, meaning each driver must file against their own insurance company after an accident, no matter who was at fault. However, Article 51 of New York’s Insurance Laws, which defines no-fault insurance in New York, has an extremely specific language. Under this law, motorcycles are treated as separate vehicles altogether when compared to cars, trucks, and buses. As a result of this categorization, New York’s no-fault insurance laws do not apply to motorcyclists, which can drastically impact your ability to receive compensation after a motorcycle accident. However, New York law regarding car accidents also makes some allowances for motorcycle drivers. Because the injuries they may face after even a minor crash are much more severe, motorcycle drivers in New York are not subjected to the “serious injury threshold” other drivers are. This threshold ensures that New York drivers only make a claim or take a case to court when they have sustained injuries severe enough to warrant it. Because motorcyclists are not subjected to this threshold, they can press charges and bring a lawsuit against another driver even if their injuries are only minor. This can also help motorcyclists reach the no-fault threshold, as they can claim after a motorcycle accident.

The fatality rate for motorcyclists versus motorists

The good news is that important progress is being made in reducing motorcycles’ dangers. The bad news is that riding a motorcycle is still very dangerous, especially when compared to driving or riding in a passenger car, and there are still far too many fatalities and preventable deaths.

Still, the trend is improving. In 2018, 4,985 motorcyclists lost their lives in motor vehicle crashes, which was the lowest motorcyclist fatality total since 2014.

NHTSA reports that in 2018, “motorcyclists are about 28 times more likely than people in passenger cars to die in a traffic crash,” based on vehicle miles traveled.

Similarly, NHTSA reported that in 2017, “motorcyclist fatalities occurred nearly 27 times more frequently than passenger car occupant fatalities in motor vehicle traffic crashes.”

How Does No-Fault Insurance Work?

Typically, when someone is injured in a car accident in New York, that person must file an auto accident claim with their own insurance policy. These policies apply whether a policyholder was injured while driving, as a passenger, pedestrian, or bicycle. However, for an accident victim to receive compensation under their own insurance policy, they must meet the “Serious Injury” Threshold as outlined by Article 51, which includes:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of the use of a body organ, member, function, or system
• Permanent consequential limitation of the use of a body organ or member
• A significant limitation of the use of a body function or system
• A medically determined non-permanent injury or impairment that impacts the victim’s daily activities

However, for motorcyclists, the process is much more complicated. Since motorcyclists are not covered under New York’s No-Fault Insurance Laws, they cannot file under their own insurance policy in an accident despite being required to have the same minimum liability insurance as car drivers. Instead, they must file a claim against the driver who caused their injuries.

Your Options After a Motorcycle Accident

After a motorcycle accident, you may be worried about covering the costs of your injuries, fulfilling your duties at work, and paying for any long-term treatment. While getting compensation after an accident is never easy or simple, the process is often more complex for motorcyclists. Many people, including insurance adjusters, consider motorcycles inherently dangerous and believe that riders reap what they sow when they get in an accident. Popular media has negatively portrayed motorcyclists as reckless and belligerent riders who make dangerous life choices. That couldn’t be further from the truth, but it still heavily impacts a rider’s ability to file a claim.

If you attempt to file a personal injury claim independently, you may be quickly dismissed by an insurance adjuster. While you may not have to meet New York’s Serious Injury Threshold, the insurance adjuster may offer you an insultingly low settlement or argue that you are the only one to blame for your injuries, even if the other driver was negligent. Despite how often motorcyclists suffer severe injuries at the hands of other vehicle operators, the initial offers given to them are generally very low when compared to car accident claims.

However, you should not despair because there is help out there. At Beldock and Saunders, our experienced and compassionate team of personal injury lawyers has seen first-hand how devastating these accidents are. We understand that you’re in a lot of pain, stressed about your future, and unsure about how to move forward with a claim. But we are staunch advocates for injured motorcyclists in New York and can provide the best legal guidance about your case. If you bring your claim to us after an accident, our New York motorcycle accident attorneys can utilize all of their expertise, skill, and knowledge to advocate for total compensation for your injuries from the other driver’s insurance company. We will handle all of the legal legwork for your case, including:

• Investigating the cause of your accident
• Collecting evidence and witness statements
• Speaking to accident experts
• Assessing your medical injuries with your doctors
• Reviewing the other driver’s insurance policy and driving record
• Negotiating with the other driver’s insurance company for full compensation
• Representing you in a personal injury trial, if necessary

Beldock and Saunders has more than 20 years of experience and has routinely received accolades for our commitment to our clients. Among our numerous cases, we have successfully achieved positive case results for injured motorcyclists, including in a complicated case involving a negligent government agency. If you or someone you loved was injured in a motorcycle accident in New York City or New York State, you can trust that we will handle your case with diligence and professionalism. To speak to one of our attorneys in a free, no-obligation consultation.