New York Motorcycle Accident Law
Approximately 2,000 motorcyclists are killed, and more than 50,000 are injured in traffic crashes each year. Many of these injuries and deaths could be prevented if motorcycle riders and their passengers wore helmets. In 2001, more than 3,181 motorcyclists were killed, and another 60,000 were injured in traffic crashes in the United States. More than 7,000 of those injured were riders between ages 15 and 20, and 36 percent of those who died were between ages 16 and 29. Ninety percent of the people who died were male; nearly all of them were operating the bike. Among females who died, 72 percent were passengers.
Per mile driven, motorcyclists are about 21 times more likely than persons in a car to die in a motor vehicle crash, and they're about 4 times more likely to be injured. While motorcycles make up less than 2 percent of all registered vehicles in the U.S., motorcyclists account for 8 percent of total traffic deaths. In 2001, 39 percent of all motorcyclists involved in fatal crashes were speeding, approximately twice the rate for drivers of passenger cars or light trucks. The percentage of alcohol involvement was more than 37 percent higher for motorcyclists than for drivers of passenger vehicles.
Wearing a helmet lowers a motorcycle rider's risk of fatal injury by 29 percent and reduces the risk of traumatic brain injury by 67 percent. Despite the documented effectiveness of helmets, many motorcyclists choose not to wear them, especially when state laws don't require helmet use. Surveys show that in states without universal helmet laws, only 34 to 54 percent of motorcycle riders wear helmets. But in states where helmet use is mandatory for all riders, 98 percent of motorcyclists use this safety gear. Currently, less than half of the states require helmet use by riders of all ages.
In New York, Motorcyclists are subject to the same speed restrictions as other vehicles. All motorcyclists are required to drive at a speed that is reasonable and prudent. N.Y. Veh. & Traf. Law §§ 1180-a, 1250 (Consol. 2002).. Any speed in excess of the following speeds is evidence of unreasonable driving:
For insurance purposes, a motorcycle is not a motor vehicle within the meaning of the no-fault law. Since motorcycles are exempt from the definition of motor vehicle, a motorcyclist is not a covered person under the no-fault law and is not entitled to these benefits. However, a motorcyclist is required to maintain liability insurance. N.Y. Ins. Law §5103(f) Therefore, a pedestrian injured by a motorcycle would be protected by the motorcyclist's policy.
In all motor vehicle accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call The Law Office of Steven E. North now at (800) 861-5001 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
|
