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Motorcycle Accident Statistics in New York
Motorcycle accidents are a prevalent issue in New York, posing significant risks to riders. In 2021, there were a total of 5,615 motorcycle accidents reported in the state, resulting in 4,155 injuries and 229 fatalities.
The most common cause of motorcycle accidents is driver negligence, including speeding, reckless driving, and failure to yield the right of way. Other contributing factors include road hazards, such as potholes and uneven surfaces, as well as inclement weather conditions.
Severity of Injuries
Motorcycle accidents often lead to severe injuries due to the lack of protection for riders. According to data from the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in a crash than occupants of passenger vehicles.
Common injuries sustained in motorcycle accidents include:
- Head injuries
- Broken bones
- Road rash
- Spinal cord injuries
- Internal bleeding
Legal Rights of Motorcycle Accident Victims
Motorcycle accident victims in New York have legal rights to seek compensation for their injuries and damages. These rights are Artikeld in New York State law and include the right to:
* File a claim for damages against the at-fault driver
* Recover compensation for medical expenses, lost wages, pain and suffering, and other damages
* Seek punitive damages in certain cases
Statute of Limitations
It’s important to note that there is a statute of limitations for filing a motorcycle accident claim in New York. This means that victims must file their claim within a certain amount of time after the accident occurs. The statute of limitations for motorcycle accident claims in New York is three years. If a victim fails to file their claim within this time frame, they may lose their right to seek compensation.
Types of Compensation
Motorcycle accident victims may be entitled to various types of compensation, including:
* Medical expenses: This includes the cost of hospitalization, surgery, medication, and rehabilitation.
* Lost wages: Victims may be able to recover compensation for wages lost due to their injuries.
* Pain and suffering: This compensation is intended to address the physical and emotional pain and suffering caused by the accident.
* Property damage: Victims may also be able to recover compensation for damage to their motorcycle or other property.
* Punitive damages: In certain cases, victims may be awarded punitive damages to punish the at-fault driver and deter similar conduct in the future.
Common Defenses to Motorcycle Accident Claims
Insurance companies often employ various defenses to minimize or deny liability in motorcycle accident cases. Understanding these defenses and developing strategies to overcome them is crucial for maximizing the value of a claim.
Contributory Negligence
Insurance companies may argue that the motorcyclist was partially at fault for the accident, reducing their liability. To counter this defense, gather evidence demonstrating the other driver’s negligence, such as witness statements, police reports, and traffic camera footage.
Lack of Visibility
Insurance companies may claim that the other driver did not see the motorcycle due to poor visibility. To overcome this defense, provide evidence of the motorcycle’s visibility, such as reflective gear, headlights, and turn signals.
Assumption of Risk
Insurance companies may argue that motorcyclists assume the risk of accidents by choosing to ride a motorcycle. To counter this defense, emphasize the other driver’s negligence and the fact that motorcyclists have the same rights and protections as other road users.
Unlicensed or Uninsured Motorcyclist
Insurance companies may deny coverage if the motorcyclist was unlicensed or uninsured. To overcome this defense, seek compensation from the other driver’s insurance company or explore uninsured/underinsured motorist coverage options.
Comparative Fault
In some states, comparative fault laws allow the court to assign a percentage of fault to each party involved in an accident. To maximize the claim’s value, demonstrate the other driver’s greater degree of fault and minimize the motorcyclist’s comparative negligence.
