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Determining Fault in Motorcycle Crashes


Trusted Motorcycle Crash Injury Lawyers Serving New York

Who pays the damages after a motorcycle crash? That depends on what state you’re in and whose fault it was. Some states like New York, are “no-fault,” meaning the law doesn’t make provisions for whose fault the accident was, while other states dictate that the person responsible for the accident should pay the damages.

In any event, if you are involved in a motorcycle accident in New York, you need a qualified motorcycle crash attorney on your side to help make sure you get compensated for your damages.

Recovering Damages in No-Fault States

New York is one of 12 states in the country that is considered a “no-fault” state. In a no-fault state, you’ll need to recover damages by filing an insurance claim with your provider. You may not be able to sue the other party, but you may be able to recover non-economic damages, such as pain and suffering, from your insurer with the help of an attorney.

In no-fault insurance states, your insurance company typically reimburses you for the damages, whether the other person was responsible for the accident or not. Some of the damages you can get reimbursed for include medical expenses, as well as other losses that you suffer as a result of the accident.

There are also no fault benefits that the insurance company usually pays, no matter who caused the accident. These benefits can vary and include payment of expenses like prescription drugs, lost wages, and transportation to providers, just as examples.

Determining Fault

States that are not no-fault, or considered at-fault, typically have one of three methods for determining fault:

  • Pure comparative fault, in which each driver is determined to be responsible to a certain extent based on their actions.
  • The 51 percent rule, in which a driver can only recover damages if they are less than 51 percent responsible.
  • The 50 percent rule, in which a driver can only recover damages if he is no more than 49 percent responsible.

Fault will be determined by analyzing each factor that contributed to the accident. These factors include negligence, weather conditions, road conditions, speed – and whether or not the drivers were under the influence, fatigued, or in some other way impaired.

If you were riding the motorcycle or you were in another vehicle that was hit by a motorcycle, you’ll likely need an experienced legal team to help you navigate the process. If you’ve been hurt in a motorcycle accident, talk to an attorney now about how you can recover damages to pay your medical expenses, make up for lost wages, and continue to care for your family.

Contact Experienced Motorcycle Accident Injury Attorneys Today

Although New York is considered a no-fault insurance state, it doesn’t mean you can rely on your insurance company to help you pay for your damages. If you or someone you love has been in a motorcycle accident that wasn’t your fault, the lawyers of Hacker Murphy law firm can help. To request a free and confidential consultation with one of our experienced attorneys, call us at (518) 730-4723 fill out our online contact form.