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Riding a motorcycle is an exciting experience, yet it can be dangerous and cause personal injuries. Did you know that motorcycle accidents cause a statewide average in New York of 166 deaths and 4,000 emergency department visits for treatment annually? Here is everything you should know if you have been involved in an accident with a motorcycle.

Motorcycle Accidents & Personal Injuries

State Law Requires Motorcycle Headlight & Helmet Use

Motorcyclists in New York must drive with their headlights and helmets on at all times. Poor visibility contributes to accidents. The lights make it easier for others on the road to see the motorcycle, and helmets reduce rider head injuries. If you have an accident with a motorcycle driver who did not have the headlight on, the cyclist may be liable for your injuries. Note what you observed just before the accident, and tell your insurance company and personal injury attorney.

New York Applies the Pure Comparative Negligence Standard

personal-injury-New-City-NYMotorcycle drivers can recover money damages for their injuries and losses, even if they were at fault. Under New York personal injury law, a driver's negligence does not prevent recovery, but the amount is reduced by the percentage of negligence. For example, if the cyclist is 40% negligent for not having a headlight and helmet on, the cyclist’s damage award is reduced by 40%.

Statute of Limitations Differ for Personal Injury & Wrongful Death

New York allows three years for bringing personal injury lawsuits arising from motor vehicle accidents. However, in wrongful death cases, the personal representative has only two years to sue on behalf of the deceased person’s estate. An attorney will tell you the exact filing deadline, as there are exceptions to the general rules.   

 

If you are injured in a motorcycle accident in Orange or Rockland County, NY, contact a personal injury attorney at Neimark & Neimark in New City. With more than 40 years of experience and millions of dollars in damages recovered for clients, this dynamic law firm will help you receive full compensation. To find out more about their services, visit them online. Call (888) 725-7424 for a consultation appointment.

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