Motorcycle accidents can be fatal and those who do survive often suffer devastating injuries. The federal government estimates that in 2014, the number of deaths on motorcycles was over 27 times that of people in cars. Motorcycle accidents often result in serious brain injuries. In 2015, 40% of motorcyclists involved in fatal accidents were not wearing a helmet. It is for this reason it is important that helmets are worn. Motorcycle helmets are approximately 37% effective in preventing death and approximately 67% effective in preventing brain injuries.
Duty to mitigate
In a New York personal injury action, when a person is injured by the negligence of someone else, even through no fault of his or her own, the injured person has a duty to minimize the consequences of the injury. This is also known as the “duty to mitigate.” In the case of a motorcycle accident, defense counsel may raise a defense to prevent recovery for any injuries caused or enhanced by a plaintiff’s failure to wear a helmet.
New York’s No-Fault Law does not apply to motorcyclists.
Unlike drivers and passengers injured in cars, motorcyclists do not receive the protection of New York’s No-Fault law. This is because motorcyclists do not fall under the statute’s definition of “motor vehicle.” Thus, motorcyclist will not be entitled to receive the benefits of no-fault insurance including payment for accident-related medical bills, lost wages and extraneous expenses such as travel to and from medical appointments and household help.
Motorcyclist plaintiff’s do not have to meet the “serious injury threshold.”
Although motorcyclists do not receive the benefits of New York’s No-Fault law, they also do not have to meet the often challenging “serious injury threshold.” This is the threshold that you must meet in order to sue for pain and suffering resulting from a motor vehicle accident. New York’s No-fault statute sets forth what qualifies as a “serious injury” and limits who can recover for injuries suffered in a car accident.
An experienced personal injury attorney can assist you in getting maximum compensation for your motorcycle accident-related injuries.
Though the fallout after a motorcycle accident may be traumatic and the wellbeing of all parties involved should be the primary concern, you should seek an experienced attorney to represent you in the claim against the driver who hit you. The attorneys at Spiegel, Brown and Fichera, LLP are here to assist you in pursuing your claim, will evaluate your case free of charge and obtain the maximum recovery available for your injuries.