Motorcycle accidents in New York can be complex, especially when the motorcyclist is found to share some of the blame. In these cases, the state’s comparative negligence laws play a key role in determining the outcome of a claim and how much compensation you may receive.
Table of Contents
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
Understanding Comparative Negligence in New York
New York follows a pure comparative negligence rule. This means that even if you are partially at fault for the accident, you can still recover damages — but the amount will be reduced by your percentage of fault.
Example: If your damages total $100,000 and you are found 30% at fault, your compensation will be reduced to $70,000.
Common Scenarios Where a Motorcyclist May Share Fault
While every case is unique, there are several situations where a motorcyclist might be assigned part of the blame:
- Speeding or reckless riding before the collision.
- Failing to yield at intersections.
- Lane splitting in unsafe conditions.
- Not wearing visible gear in low-light situations.
These factors can be used by insurance companies to reduce payouts, making it crucial to have legal representation.
With 30 years of experience winning top settlements, we know how to deal with insurance companies and the legal system. You’re in the best hands with us.
How Fault Is Determined
Fault is typically established through:
- Police reports detailing the accident.
- Witness statements from people who saw the crash.
- Traffic camera or dashcam footage showing the events.
- Accident reconstruction experts who analyze the scene.
Insurance adjusters often use this evidence to negotiate settlements — sometimes to your disadvantage if you’re unrepresented.
Why You Still Need a Lawyer Even If You Were Partially at Fault
Even with partial responsibility, you still have rights. A skilled motorcycle accident lawyer in New York can:
- Challenge the percentage of fault assigned to you.
- Gather evidence to strengthen your claim.
- Negotiate with insurance companies for a fair settlement.
- Take your case to court if necessary.
Without an attorney, insurers may push for a higher fault percentage, drastically reducing your payout.
Steps to Protect Your Claim
If you are involved in a motorcycle accident where you might share fault:
- Seek medical attention immediately — your health comes first.
- Document the scene with photos and videos.
- Get contact information from witnesses.
- Avoid making statements to insurance adjusters without legal advice.
Motorcycle Accident Compensation in New York: Even If You’re Partially at Fault
Being partially at fault in a motorcycle accident doesn’t mean you lose your right to compensation. New York’s comparative negligence laws allow you to recover damages, but your payout will depend on the evidence and how effectively you defend your case.
Contact Mitchell Proner – Free Consultation With a New York Motorcycle Accident Lawyer
If you’ve been involved in a motorcycle accident in New York — even if you think you were partially to blame — don’t face the insurance companies alone. Contact Mitchell Proner today at 1-800-321-1234 for a free consultation and learn how
FAQ
Yes, although it may affect the compensation amount. Speak with a lawyer to evaluate your specific case.
New York follows a “comparative negligence” rule, meaning you can still receive compensation even if you were partly responsible.
In New York, you generally have up to 3 years to file a personal injury claim. The sooner you act, the better your chances of success.
