If you were injured in a motorcycle accident, contact the lawyers of Proner & Proner at our New York City office. We provide legal representation to victims across the country.
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Our Motorcycle Accident Lawyers in New York City Provide Answers to Frequently Asked Questions
The motorcycle accident lawyers of Proner & Proner in New York City are nationally renowned for representing victims of motorcycle accidents. Our firm provides aggressive representation for victims across the United States. If you or a family member is the victim of a serious motorcycle accident, contact our law offices today.
Below is a list of common questions regarding motorcycle laws and motorcycle accident litigation. Any additional questions that you may have can be addressed by the team of lawyers at our New York City offices. Contact Proner & Proner today to discuss your case.
- What Are the Most Common Causes of Motorcycle Accidents?
- What Do I Need to Do to Keep My Bike in Compliance with the Law?
- What Kills Motorcyclists?
- Hit and Run Motorcycle Accidents – Am I Covered?
- Sharing a Lane – Who’s at Fault?
- How Do I Avoid a Motorcycle Accident with a Left Turning Car?
- What Do I Do If I Have Been in a Motorcycle Accident with an Animal?
- How Can I Ensure That I Am Fully Protected in the Event of a Motorcycle Accident?
Q: What Are the Most Common Causes of Motorcycle Accidents?
A: In 1981, using funds from the National Highway Traffic Safety Administration, researcher Harry Hurt published a ground-breaking report on the causes and effects of motorcycle accidents. More than 20 years later, the study still offers insight into the statistics regarding motorcycle accidents. The following statistics and conclusions are taken from the Hurt Study:
- Three-fourths of motorcycle accidents resulted from a collision with another vehicle (usually a passenger automobile).
- In two-thirds of these accidents, the driver of the other vehicle violated the motorcycle’s right-of-way, causing the accident.
- The failure of motorists to detect motorcycles in traffic is the most common cause of motorcycle accidents.
- Most motorcycle accidents are caused by a motor vehicle making a left turn in front of an oncoming motorcycle.
- Intersections are the most likely location for motorcycle accidents.
- The view of the motorcycle or other vehicle’s driver is limited by glare or obstructed by other vehicles in almost half of motorcycle accidents.
- Motorcycle operators between the ages of 16 and 24 are more likely to be involved in an accident.
- Almost half of fatal motorcycle accidents are alcohol-related.
- A typical motorcycle accident allows the motorcyclist less than two seconds to complete a collision avoiding action.
Contact the motorcycle accident lawyers at our New York City office today and arrange a consultation with our experienced legal team if you or someone you love is involved in a serious motorcycle accident.
Q: What Do I Need to Do to Keep My Bike in Compliance with the Law?
A: Before we address getting your bike legal it is important to make sure that you are legal! Take a look at your motorcycle license to make sure that it has not expired and check with your local DMV to make sure that you have no outstanding tickets. Verify that you have current liability insurance and that your bike's registration is current. New York, Connecticut, and New Jersey Riders can check out the in-depth information below to learn about motorcycle laws in their states or visit our motorcycle laws page for information on all 50 states.
New York Motorcyclists
New York riders, make sure that you have had your bike inspected in the last 12 months at an official New York state Motorcycle Inspection station. In New York, bikes are registered for one year and expire on April 30th of each year. You can re-register in either March or April of the same year. At that time you will want to make sure your liability coverage is up to date, check your inspection sticker, and check that your bike has not developed any problems during the winter that could cause delays in re-registration. Usually the re-registration comes in the mail. If yours didn't arrive in the mail you had better go to the DMV and do it there. If you just purchased a bike from someone other than a dealership you have 10 days from the date of registration to have the bike inspected. You should also use the checklist below to make sure that your bike has all of the following in good working condition before you head over to DMV:
- headlights, taillights, stop lamp, license plate lamp, at least one red reflector on the rear, and directional signals
- brakes on both wheels on 1971 and newer bikes
- a horn or other warning device
- at least one rearview mirror mounted on a handlebar
- a muffler (not my idea but, straight pipes, drag pipes, or pipes with the baffles punched out are prohibited in New York)
- handlebars no more than 15 inches higher than the seat (hide your ape hangers)
- a seat for the operator and a passenger seat in the rear if a passenger is carried
Connecticut Motorcyclists
Connecticut riders – Before you head out make sure your liability coverage is still in effect and that you have no delinquent property taxes or parking tickets, and that your registration privileges have not been suspended as you will not be allowed to register your bike in Connecticut. If you have just purchased a bike, make sure you register it as soon as possible at your local DMV office. Bring your certificate of title, bill of sale, VIN number, your current Connecticut insurance card, an application for registration and certificate of title, and legal identification. If you just moved to Connecticut you have 60 days to register your bike at the DMV. If you are dusting off your bike from winter storage make sure that your liability coverage is up to date. In Connecticut licenses are good for two years so make sure yours isn't expired! Recently in Connecticut, the rules changed and you are no longer required to undergo a safety inspection regardless of the age of the vehicle. Don't let this turn you into an unsafe driver! Make sure your bike is in good condition because you will still be subject to random police spot checks which could cost you a hefty fee or even the loss of your privileges!
New Jersey Motorcyclists
New Jersey riders – In New Jersey you have to have your bike inspected every two years, so check that you have done so. Licensing and registration are the same as driving a car in New Jersey. You have to have your license renewed every four years and should check the registration sticker to make sure you aren't due for an inspection. As always, make sure your liability coverage is up to date and that your bike is in good condition. To register for the first time make sure you have the Certificate of Origin, a New Jersey or out of state title or registration, (if you are not titled or registered you will need a notarized statement from the last owner describing the bike and price), and proof of insurance.
Remember it is illegal in New Jersey and New York to ride without an approved helmet and either goggles or a face shield. In Connecticut, thanks to the hard work of the Central Motorcycle Roadracing Association (CMRA) and other bikers who stay on top of elected officials, you don't have to wear a lid unless you are 17 years old or under.
For more information about state motorcycle laws, contact Proner & Proner today to speak with the motorcycle accident lawyers at our New York City office.
Q: What Kills Motorcyclists?
A: The answer to that question is, unfortunately, both simple and complex. Simple, because (as noted by a 2001 study by the National Highway Traffic Safety Administration) about 65 percent of fatalities are caused by striking fixed objects off the roadway. Complex, because nearly 40 percent of fatal motorcycle accidents for which information was available, reported braking and steering maneuvers immediately prior to the accident.
These findings suggest that a number of the "single-vehicle" motorcycle accidents in fact can be traced back to the interaction of the motorcycle with another hazard on the roadway – a car, a truck, even a child's toy out in front of your bike. We all know this – when the car starts to pull out in front of you, you hit the brakes, and hope to ride another day.
This is where the experienced motorcycle accident lawyers of Proner & Proner in New York City are necessary. In some states, contact between the vehicles is required to find fault. So when the car cuts you off, you swerve to avoid it, hit a pole, and... you don't recover money for your motorcycle injury (in those particular states) because there was no contact. You need an attorney who knows motorcycles and the law to help protect your interests, even if just by making sure the proper forms are filed, including a notice of intent to make an uninsured and underinsured claim.
Q: Hit and Run Motorcycle Accidents – Am I Covered?
A: Imagine the following two scenarios and take a moment to see which one would be covered by their insurance policy. I bet you will be surprised at the answer!
- You are riding along on a cool summer evening in New York state enjoying the scenery and handling of your new bike when suddenly from behind a speeding motorist comes towards you and after narrowly missing you, forces you off the road. With no road to ride on you lose control and slam into a tree. The motorist flies by and never even stops.
- You are riding along on a cool summer evening in New York state enjoying the scenery and handling of your new bike when suddenly from behind a speeding motorist comes towards you and after clipping your bike with its headlight and bumper, sends you spinning off the road and into a tree. The motorist flies by and never even stops.
Most bikers and even motorists assume that they are covered in both of these incidents. This is, unfortunately, not true – at least not in New York state. In New York state, incident number one would not be covered at all, while incident number two would be covered. The difference is the presence or lack of contact between the two vehicles.
Surprised? Well, it is true; depending on the specifics of the hit and run accident and the state it occurred in you may or may not be covered. If you are involved in a hit and run motorcycle accident in New York state the specifics of the accident determine if you will be covered. In New York state there must be contact between the vehicles in order to be covered. This means that in the above example where you are forced off the road and the accident was essentially caused by the other driver but there was no contact between the vehicles, you would not be covered by your insurance. Additionally, as motorcycles are not eligible for No Fault Benefits, you would be completely on your own for any bills that you incurred. However, had there been contact which resulted in your motorcycle accident, then you would be able to make a claim.
Interestingly enough, just across state lines the rules are different. In both New Jersey and Connecticut, there does not need to be any contact between the vehicles for you to be covered. So, if the above examples were set in New Jersey or Connecticut you would be able to make a motorcycle accident claim in both cases.
As you can see, different states have different laws concerning hit and run accidents and you should contact your insurance company to determine what exactly your policy covers depending on your state. Often hit and run cases are tricky and you need solid representation from experienced motorcycle accident lawyers to help you recover.
At Proner & Proner, our national motorcycle accident lawyers have successfully represented numerous clients who have been badly injured in motorcycle accidents for over forty years. The lawyers at our New York City offices pride themselves on thoroughly examining the case from every angle to determine the possible routes of recovery. In complicated cases such as hit and run accidents, contacting a lawyer experienced in motorcycle cases immediately is always in your best interest.
If you have been involved in a hit-and-run motorcycle accident, our lawyers in New York City can help. Contact our offices for your free case review today!
Q: Sharing a Lane - Who's at Fault?
A: Every riding season, we get calls because a biker saw a car pulling over as if they were going onto the shoulder or making a turn and at the last moment veer back into the lane ramming into a bike who was trying to go around him. The biker always tells us the car didn't signal. This type of motorcycle accident is not only common, but also tricky when it comes to getting insurance companies to pay up.
You are probably thinking to yourself that it is obvious that the car was at fault and therefore the insurance should pay up and fix the bike and cover any medical bills the biker might have incurred. Well, under the vehicle and traffic law the car is not entirely at fault. In fact, in most states it is illegal for two vehicles to share one lane at the same time, which means that when the biker tried to go around the car which had begun to pull over but had not yet turned (and therefore was still somewhat in the lane) the biker was advancing and sharing the lane. In some states there is a comparative negligence rule, and you can be compensated for the percentage that you weren't at fault. So, since both of the vehicles were partially at fault, they will both be partially compensated for the damage they incurred. And this is where it gets tricky.
Now we have to think about who determines this percentage of fault and realize that what you say to the officers at the scene will play a big part in determining this percentage. It is important to know ahead of time what information you should request, how to present your side of the story, and have handy the name and number of experienced motorcycle accident lawyers. For example, you should never volunteer any information that puts you at fault. If you are asked questions by the officer, answer truthfully, but don't volunteer extra information such as "I only had two beers." You should never admit guilt and make sure that you not only get a chance to speak to the officer but also to explain clearly what the other driver did wrong and why he/she was at fault. After that you should call a motorcycle accident lawyer as soon as possible for professional legal guidance. A lawyer can advise you on the steps you need to take and help you through the process of getting your bike back up, your bills taken care of, as well as money for your pain and suffering.
Being prepared for a motorcycle accident and knowing what to say is important if you expect to recover for damages. For a free "in case of accident card" which has a place to write down the other driver's information and lists the "Dos and Don'ts" at a motorcycle accident scene please contact our lawyers in New York City. We will mail you a laminated card which you can keep in your wallet, purse, or glove compartment. If you have been in a motorcycle accident and need representation our lawyers are happy to provide you with a free case review.
Q: How Do I Avoid a Motorcycle Accident with a Left Turning Car?
A: Look out for that left turning car. It will turn in your path without enough room for you to stop. Every summer I hear the same call. It starts out with a motorcyclist enjoying a nice day. Maybe the rider is just putting around, going to visit a friend, or coming back from a poker run. It ends the same. As the motorcycle rider approaches the intersection, the car is pausing, waiting to make a left turn. The rider expects the car will respect the oncoming motorcycle's right of way. When the motorcycle is halfway through the intersection, the car makes the left turn. The rider brakes hard. The rider uses both front and rear brakes. It is not enough. The rider hits the passenger side of the car. The rider is unlucky enough to sustain serious injuries. The rider is lucky enough to have our firm's number so at least he or she will have nationally renowned motorcycle accident trial lawyers to represent him/her.
We try to settle the case early on. The insurance company offer is low. The case goes to trial. The insurance company is betting the prejudice against bikers will work to their advantage. They have help from the cop who investigated at the accident scene. Maybe the cop lost his first girlfriend to a biker. For that or some other unknown reason the cop wrote on the accident report there were 43 feet of skid marks left by the motorcycle. The cop doesn't report that the car driver says at the scene "I never even saw the bike!"
We win the trial. I have successfully explained to the jury that it was the driver of the car not the driver of the motorcycle that failed to follow the rules of the road. The motorcyclist gets a big check which is spent quicker than expected. The poor biker lives with the pains and scars for the rest of his/her time on this earth.
The above scenario can be avoided. While I myself have survived a motorcycle accident with a left turning taxicab, I also still live with the pain and scars from my experience. No amount of money is worth more than my health. So now I still ride, but am more cautious. Whenever I get to an intersection, if there is oncoming traffic, I downshift and slow down. I don't care if I have the right of way. I expect the oncoming left turner won't care either. If you are driving a car you can have the luxury of going straight through an intersection without changing your speed. On a motorcycle you have to be more cautious. Your health and future well-being is worth it.
I also ride with a triple tree headlight. It has one large headlight and two smaller headlights on the side. I figure the car is more likely to see me with my motorcycle having greater illumination. I suppose I could take this point to the logical extreme and ride with a bright orange vest but I don't. I wear a black leather jacket because, after all, we are bikers.
For more information about motorcycle injury, motorcycle laws, and insurance matters, contact our motorcycle accident lawyers in New York City.
Q: What Do I Do If I Have Been in a Motorcycle Accident with an Animal?
A: Every summer we receive phone calls from bikers that have had a motorcycle accident with an animal. These types of motorcycle accident cases are very difficult for lawyers to win. In order to determine whether or not a case exists, a detailed investigation must be conducted immediately. My New York City office has represented motorcyclists for more than 40 years. Our office has won highway defect cases, traffic sign design cases, helmet defect cases, as well as bikers who simply get hit by cars making a left turn or a u-turn into the path of a motorcycle. It is rare for us to lose a motorcycle case, in fact there have only been three losses in our history. While two of them were thrown out by a judge because of the law, the other was a biker who hit a dog. As a motorcycle accident lawyer with considerable experience, believe me, these cases are tough!
First let's get rid of some common myths. We hear all the time "I hit a deer. I heard I can sue the state for not controlling its deer herd population." Wrong! In fact, the state has no obligation to bikers, or any other motorists, to control the deer herd population. If you hit a deer, you are on your own. The only source for recovery is if you have private medical insurance that may pay your hospital and medical bills. If you had purchased collision on your bike, your insurance company may help you out with your repair bills. Therefore, you should be extra careful driving at night in areas where there are known deer crossings. If you see a deer in the road, slow down even if you miss it. Remember, deer often travel in groups and there may be two or three more behind it about to jump into the road.
Dogs are another story. In some areas there are leash laws that specifically require dogs to be on a leash. If a dog is released or breaks free from its owner it could be a violation of a local ordinance. This can be a beginning, but more questions need to be asked to determine if there is a case. These answers often affect the outcome of a potential case. For example, if the dog was known to have violent propensity the case becomes stronger. It would be important to interview neighbors as to the dog's usual behavior. If the dog had a habit of getting loose, chasing children, biting people, or had caused a prior accident, the owner of the pet may be liable. In this situation the owner of the pet may have homeowner's insurance which could provide a means for recovery. However, if the dog is a stray, unless the local pound or The American Society for the Prevention of Cruelty to Animals (ASPCA) let the dog loose intentionally, a case would not be likely. As in all accident cases, detailed investigation early on is crucial.
Unfortunately, it is not uncommon for clients to be badly injured without their lawyers realizing that there is a potential case. The motorcycle accident lawyers of Proner & Proner in New York City have successfully represented numerous clients who have been badly injured on motorcycles, in motor vehicles, and in the home. We pride ourselves on examining the case from every angle to determine any possible routes of recovery. Often there is an unrealized theory of the case that, if properly pursued, may result in a substantial recovery for the client.
Q: How Can I Ensure That I Am Fully Protected in the Event of a Motorcycle Accident?
A: You're driving down the highway on a beautiful spring day and BAM...the driver to your right is not paying attention and suddenly changes lanes, knocking you off your bike and changing your life drastically forever. Now you are seriously injured and require immediate medical attention. You are taken by ambulance to the hospital, but find you are treated like a third-class citizen because you do not have health insurance. However, they can't release you because you have two broken legs and you wind up staying there for 10 days. After the hospital, it is very difficult to find a doctor to treat you because you don't have health insurance. You can't work and are out of sick time and vacation time. The hospital bill arrives but you are unable to pay it. They send it to collections. Creditors begin to call you every day. Even if you were physically able to go to work (which you aren't), you can't get there because your insurance company won't pay to get your bike fixed because you don't have collision insurance. Then, as it turns out, the other driver only had $25,000.00 in insurance, (or even worse, no insurance at all). Your outstanding medical bills alone are more than $25,000.00! You then call your own insurance company to see what you can do, and they tell you that they can't help you because you never reported the motorcycle accident to them.
What can you do to avoid this scenario?
1. Get Health Insurance
If you are involved in an accident with another car, there is no "no-fault" insurance which will cover your medical bills up front. The only way you can recover for your medical treatment is to bring a claim against the person who caused the accident. While they are required to pay your bills if they are found to be at fault for the accident, this may take time. This won't help you at the time you need it most. To avoid this situation, do your best to make sure that you have health coverage (even if it just covers hospital stays), and that it is up to date. If you don't, even the smallest accident can ruin your credit.
2. Make Sure You Have Collision Insurance
Collision insurance is the portion of your motorcycle policy which covers damage to your own bike if you are involved in an accident. You are not required to have this, so it is a good idea to check your policy. If you don't have collision insurance, your own insurance company will pay for the damage to your bike, and then they will sue the other driver's insurance company to recover what they paid you. They will also sue to get your deductible back (if you paid one). This is usually much easier than dealing with the insurance company for the other car. It will also ensure that the damage to your bike gets paid, even if the other car doesn't have insurance. You should also check to see exactly what your policy is insuring. Policies often pay "blue book" value for a bike. However, your bike may have non-factory installed parts, or may be "vintage" and worth much more than what the blue book says. Talk to your broker and make sure that your bike is covered up to its full value.
3. Make Sure You Have Adequate Uninsured Motorist / Supplemental Underinsured Motorist Insurance Coverage
Underinsured motorist coverage is insurance you can purchase for the situations where the other vehicle does not have enough insurance coverage to adequately compensate you. In the above motorcycle accident example, the hospital bill alone was more than $25,000.00 (which is the minimum coverage required in New York). If the other driver only had minimum coverage, then you would not be adequately compensated. Underinsured motorist coverage supplements the insurance of the other driver. So if you have $100,000.00 in underinsurance, and the other car has $25,000.00, you would have $75,000.00 in additional coverage available to you.
Uninsured motorist coverage comes into effect when the other driver does not have any insurance. In that case, your own insurance company will compensate you for injuries resulting from the motorcycle accident, up to your uninsured motorist limits. In the above example, if you had a minimum policy, your own insurance would not be enough to compensate you. You can purchase additional uninsured motorist coverage to raise your limits. This will insure that you are protected if the other car does not have any insurance. It is recommended that you purchase the most underinsured and uninsured insurance that you can afford.
4. Make Sure You Report the Motorcycle Accident to Your Insurance Company
Insurance companies often have language in their policies which allows them to not pay you if you do not comply with their rules. Therefore, in order to make sure that you receive the benefits you have paid for, it is very important that you let them know an accident has occurred so that they can instruct you on the procedures you need to follow. Not reporting an accident can jeopardize your rights to recover against your own insurance company.
5. Contact Motorcycle Accident Lawyers As Soon As Possible
In order to protect your rights, attain representation as soon as possible. At Proner & Proner the exceptional motorcycle accident lawyers at our New York City office provide accident litigation to victims coast-to-coast. Arrange a free case consultation today!
