Can I Sue for Damages After a Buffalo, NY, Motorcycle Accident?

Few things can lift your spirits like riding your motorcycle through the Catskill Mountains or around the historic Erie Canal. However, a refreshing bike ride can quickly become a nightmare if you’re involved in a motorcycle accident.

If you’ve experienced a motorcycle collision in Buffalo or elsewhere in New York, you’re probably wondering whether you can sue the person who hit you. The short answer is yes. Here’s what to know from a Buffalo, NY, motorcycle accident lawyer.

Understanding New York’s No-Fault Auto Insurance

Because New York is a no-fault auto insurance state, drivers involved in a crash normally have to file a claim with their insurance company. The insurer then pays for medical expenses and other damages without the driver needing to prove negligence. Drivers who claim no-fault benefits can’t sue unless they have serious injuries.

Motorcyclists, however, are exempt from the state’s no-fault law. That means you must make a claim with the at-fault driver’s insurance company or file a lawsuit to recover damages.

The downside to this is that you’ll have to prove that the driver acted negligently. The upside is that you can collect more compensation than what no-fault insurance provides.

Comparative Negligence in New York

New York is a bit unusual in that the state allows you to recover damages even if you’re largely at fault for the accident. You can be 99% at fault and still collect compensation. The court will reduce your compensation by your amount of liability.

You’ll need a seasoned Buffalo, NY, motorcycle accident lawyer to minimize your degree of fault. Your lawyer will have to prove that:

• The driver who hit you owed you a duty of care.
• The driver breached their duty of care.
• The driver’s negligence caused an accident.
• You suffered compensable damages because of the accident.

Factors That Affect Your Ability To Recover Damages

Wondering what factors might affect your ability to collect compensation? A Buffalo, NY, motorcycle accident lawyer goes over some of these factors next.

New York Motorcycle Laws

New York requires motorcyclists to wear an approved helmet and protective eye gear. Your helmet must meet ANSI or Snell standards; novelty helmets don’t meet these standards.

Other laws include:

• Your bike must have reflectors, turn signals, a muffler, rearview mirrors, and brakes on both wheels.
• If wearing a helmet speaker, you can only use one earphone.
• A passenger footrest and seat are required for passengers.
• You must use daytime headlights when riding.

Lane Splitting

Lane splitting involves riding your bike between stopped or slow-moving traffic. It’s illegal in New York, and if you’re caught doing it, your compensation may be affected.

Statute of Limitations

Just like for car accidents, you typically have two years from the date of a motorcycle accident to make a personal injury claim. Miss the deadline, and you can’t recover any damages.

What To Do After a Buffalo Motorcycle Crash

Here’s what to do after a motorcycle wreck to boost your chances of a settlement:

• Call the police and make a report. New York law requires this if anyone is injured or there is more than $1,000 of property damage.
• Collect evidence from the scene. Talk to witnesses, and take pictures of any injuries, your bike, and the car that struck you. At home, write down details of the crash before you forget.
• See a doctor promptly for medical care, even if you don’t think you’re hurt.

Contact a Buffalo, NY, Motorcycle Accident Lawyer

If you’ve had a motorcycle accident while cruising along our beautiful Buffalo roads and need help with insurance claims, reach out to Cantor, Wolff, Nicastro & Hall LLC at (716) 848-8000 or contact us online.