Why Motorcycle Accident Claims Are Different from Car Accident Cases in New York
Why Motorcycle Accident Claims Are Different from Car Accident Cases in New York
Motorcycle accidents often result in far more serious consequences than car accidents, especially on the busy streets and highways of New York. While both types of accidents fall under personal injury law, motorcycle accident claims involve unique legal, factual, and insurance-related challenges. At The Law Office of Tedd Kessler, P.C., we help injured motorcyclists across New York understand their rights and navigate the claims process to seek fair compensation.
Greater Risk of Injury
One of the most significant differences in motorcycle accident cases is the extent of injury. Motorcyclists lack the protective metal frame, airbags, and other safety features that car occupants have. Even with a helmet and protective gear, riders are more exposed and vulnerable. As a result, motorcycle crashes often lead to catastrophic injuries such as:
- Traumatic brain injuries
- Spinal cord damage
- Compound fractures
- Severe road rash and lacerations
These injuries tend to lead to higher medical costs and longer recovery times, which must be fully accounted for in any legal claim.
Bias Against Motorcyclists
Another key challenge motorcyclists face is bias. There’s a common misconception that motorcycle riders are reckless or risk-takers. Insurance companies may try to use this prejudice to downplay claims or shift blame to the rider. This makes it even more important to work with an attorney who can gather evidence, interview witnesses, and counter unfair assumptions with facts.
Unique Insurance Issues
New York is a no-fault insurance state, meaning most car accident victims must first file claims through their own Personal Injury Protection (PIP) coverage. However, motorcycles are not covered by PIP under New York law. This means injured motorcyclists must often go directly through a third-party liability claim or file a lawsuit against the at-fault driver to recover damages for medical bills, lost wages, and pain and suffering.
This distinction can be confusing and frustrating for injured riders. Without the PIP safety net, pursuing compensation often requires thorough documentation and aggressive legal strategy.
Legal Considerations and Liability
Establishing fault in a motorcycle accident can be more complex due to the dynamics of the crash and the visibility issues involved. Drivers of cars often claim they "didn’t see" the motorcycle. That’s why accident reconstruction, surveillance footage, and expert witnesses are sometimes necessary to build a strong case.
Additionally, New York follows a comparative negligence rule. This means that even if a motorcyclist is partially at fault, they may still recover damages—though the compensation may be reduced by their percentage of fault. An experienced attorney can help minimize this impact and present a clear picture of what really happened.
We Help Injured Motorcyclists Throughout New York
At The Law Office of Tedd Kessler, P.C., we understand the specific legal hurdles faced by injured motorcyclists. If you or a loved one has been involved in a motorcycle crash, don’t assume your case will follow the same path as a car accident claim. Let us evaluate your case and help you fight for the compensation you deserve.
