Motorcycle accidents are far more likely to result in serious injuries or death than accidents involving other types of vehicles. Unfortunately, motorcycle accidents occur frequently in New York, commonly resulting in life-changing injuries for those who survive. In this blog post, we will explore how fault is determined in a motorcycle accident, who is liable, and what options a victim has.

Determining Fault in a Motorcycle Accident



In New York, fault is determined based on the concept of negligence. Negligence is when someone owes another person a duty of care and fails to provide that reasonable level of care. This applies in all motor vehicle accidents, including motorcycle accidents. If a driver's negligence caused an accident, they are likely at fault. Some common examples of motorcycle accident causes include speeding, distracted driving, drunk driving, and unsafe lane changes.

Who is Liable in a Motorcycle Accident?

Liability in a motorcycle accident typically falls on whoever was negligent and caused the accident. Liability can be a complex issue and may involve multiple parties, such as the driver of a car or truck that caused the accident or even the manufacturer of a faulty motorcycle part. In some cases, the motorcyclist themselves may be found partially at fault.

Victim Options

A motorcycle accident victim has several options available to them if they wish to seek compensation for their losses. The victim may choose to file an insurance claim, file a personal injury lawsuit, or pursue an out-of-court settlement. An experienced personal injury lawyer can help a victim determine which option is best for their unique situation.

Calculating Compensation

Compensation for motorcycle accident victims is typically calculated based on several factors, including medical expenses, lost wages, pain and suffering, and property damage. The amount of compensation that the victim will receive varies depending on the severity of their injuries and their unique circumstances.

Who Pays Compensation to Victims?

The party responsible for causing the accident – whether it be another driver or the motorcycle manufacturer – is typically the one responsible for paying compensation. In some cases, multiple parties may be responsible for paying damages. If the party responsible is uninsured, the victim may have options for recovering compensation through their own insurance.

If you have been involved in a motorcycle accident in New York, it is important to understand how fault is determined, who is liable, and what options you have for seeking compensation. Working with an experienced personal injury lawyer can ensure that your rights are protected and that you receive fair compensation for your injuries and losses. The Law Offices of John E. Gray is here to assist New York residents with all personal injury matters, including motorcycle accidents. Contact us today for a free consultation.