New York enacted comprehensive motor vehicle no-fault legislation back
in the early 1970’s. Therefore, for the last forty years
injured motorists have been able to obtain wage replacement benefits and medical cost compensation
much quicker than had been available prior to said legislation.
New York roadway users should know that speedy compensation under a no-fault
claim has disadvantages. Medical cost compensation and wage replacement
amounts are capped under the law. Also, a serious injury must have been
suffered to gain some benefits.
Experienced Newburgh motorcycle accident attorneys know that motorcycles do not fall within the definition of a “vehicle”
under the no-fault statute. This means motorcyclists injured by a negligent
driver can receive much more compensation from the motorist whom caused
This benefit is critical to motorcyclists. As you know, motorcyclists are
at greater risk for serious injury when involved in a
roadway accident and biker accidents are more likely during inclement weather and autumn is when the elements
in Newburgh turn for the worse. Unfortunately, severe crashes have already
occurred this fall season. Just a few days ago near Syracuse, New York,
a young man died in a motorcycle crash. The facts are under investigation
and we hope that the family can rebound from this tragedy.
Leaves are on roadways, daylight hours are shrinking, and water will begin
to icy over. Nonetheless, motorcyclists are still able to ride, and there
is no reason they should not enjoy riding their bikes.
Short of death, motorcyclists can suffer
skull fractures, traumatic brain injuries, fractured limbs, spinal fractures, concussions, and many more types of
injuries. In fact, all of these injuries can happen in one single accident
where a negligent driver collides with a biker.
What is important to impress upon readers here is that these injuries can
be the basis of compensation via civil litigation. Moreover, even slight
injury can be compensated because the no-fault law will not apply.
The motorcyclist, however, will have to prove that the offending driver
was indeed at fault and negligently caused the
motorcycle accident. Moreover, the injuries complained of must have been caused by the offending
driver’s negligent act. Once satisfying all of the required elements
of a negligence action, the injured motorcyclist can recover all that
which was not compensated by insurance. This includes the pain and suffering
the motorcyclist had to endure subsequent to the collision.
Motorcycle accidents in the fall become common due to many cyclists riding
up and down the highways looking at the foliage. Read more about these
unique issues in
our article available here. Learn more about motorcycle accidents in the fall and liability by reading
our last blog post available here. Read about apportioning fault in autumn motorcycle accidents in
our blog post 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
toll free at 866-440-4452, or by using the
convenient contact form here.