Motorcyclists must also obey other statutes generally applicable to all
people using roadways. Naturally, laws governing maximum speed limits,
obeying traffic signals, lane changes, and the like apply whether the
operator is a driver or motorcycle rider. Specifically, be advised of
New York Vehicle and Traffic law section 1250 which states, “every person operating a motorcycle shall be granted
all of the rights and shall be subject to all of the duties applicable
to the driver of any other vehicle . . . .”
experienced Newburgh motorcycle accident attorneys, we know that all roadway users must exercise reasonable care so that
foreseeable and preventable harm is not caused, as would any other prudent
driver or rider under similar circumstances. This general duty requires
roadway users to lookout for other vehicles, bicycles, pedestrians, and
the like. Slow down when in congested areas, when inclement weather exists,
and sound the horn to warn others of potential danger. Also take note
that bicycle riders also have the duty to use reasonable care.
Violating the common law or any number of statutes is an event that will
give rise to liability. Motorcyclists must be present of mind to realize
that their actions have consequences. Moreover, violating a statute will
limit the rider’s ability to gain compensation from the other motorist
with whom the accident occurred.
Therefore, if a motorcyclist was riding at night without a properly functioning
headlamp, he might not be able to recover from the driver with whom he
collided if that driver did not and could not have reasonably seen the
motorcyclist. The actions of the other motorist will be judged as well
in order to determine if he did some other thing to contribute to the accident.
This is where the doctrine of comparative fault enters the picture. This
allows a jury to consider the proportionate fault of the plaintiff and
defendant alike. Any jury award is thereby divided between the parties
according to their proportionate responsibility. Therefore, if the plaintiff
is 10% responsible, and the defendant is 90% responsible, then the defendant
will only have to pay $90,000 on a $100,000 verdict.
Consider the case,
Anders v. Segall. Here, the motorcyclist was struck by a car driver. The motorcyclist won
the case, but the jury held that he was 14% at fault. On appeal, the higher
court affirmed the jury’s liability apportionment. As such, the
plaintiff’s negligence will reduce the award by 14%.
Are you interested in learning more about motorcycle laws and how they
can create liability? Find out more in the
latest article from our experienced attorneys available here. Learn more about some laws that pertain to equipment and have a purpose inpromoting safety of riders available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
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