Motorcycle crashes are traumatic and painful, especially when they’re caused by negligent drivers. Even the most well-equipped riders are highly likely to suffer injuries that lead to expensive medical bills and lost paychecks.
The aftermath of a crash that wasn’t your fault can be even more disruptive to your life when someone else, whether it’s the driver, the police officer, or the insurance adjuster, has assigned you blame for it. In New York, being blamed for a crash reduces your compensation and can even make you ineligible for a settlement.
Unfortunately, misassigned blame is more common than you think, especially after motorcycle accidents. In this blog, we’ll explain how to fight back against this common mistake and maximize your chances of getting full compensation.
Why Do Motorcyclists Get Wrongly Blamed for Crashes?
Motorcyclists are often unfairly blamed for accidents due to persistent stereotypes and misunderstandings about motorcycle riding. Drivers, insurance adjusters, and even law enforcement may assume that motorcyclists are inherently reckless, aggressive, or prone to speeding. In reality, many motorcycle accidents are caused by drivers who fail to notice motorcycles or who violate motorcyclists’ right of way.
Common reasons motorcyclists get wrongly blamed for crashes include:
- Bias and Misconceptions: There’s a pervasive and false belief in society that most motorcyclists are risk-takers, which leads to people assuming they caused crashes.
- Limited Visibility: Drivers often claim they “didn’t see” a motorcyclist before a crash and shift blame onto the rider by saying they “came out of nowhere.”
- Police Reports: Initial crash reports may contain errors or assumptions that unfairly assign fault to the motorcyclist.
These biases can make it harder for injured motorcyclists to receive fair treatment after an accident.
How Does Being Labeled At-Fault Affect My Settlement?
New York follows a pure comparative negligence rule. This means you can recover compensation even if you were partially at fault for the accident, but your compensation is reduced by your percentage of fault.
For example, if your damages total $100,000 but you’re found to be 30% at fault, your compensation would be reduced by $30,000, leaving you with $70,000.
Being labeled at fault can:
- Lower your settlement amount significantly
- Influence how insurance companies handle your claim
- Potentially impact your insurance premiums
Even a partial assignment of fault can cost you thousands of dollars, so challenging fault determinations is almost always worth pursuing. It’s important to note that you can’t pursue compensation in New York if you’re ruled to be more than 50% at fault—but this can also be challenged and potentially reduced in some cases.
How Can I Reduce or Overturn My Level of Fault?
The initial fault determination of your motorcycle accident case isn’t set in stone. There are several strategies you and your attorney can use to reduce or overturn your level of fault, such as:
- Gather Additional Evidence: Traffic camera footage, dashcam videos, and eyewitness statements can help prove you were not at fault or less at fault than initially believed.
- Accident Reconstruction: Experts can analyze skid marks, vehicle damage, and crash dynamics to establish a more accurate picture of what happened.
- Challenge the Police Report: If the report is inaccurate or incomplete, your attorney can work to have it amended or introduce contrary evidence.
- Review Traffic Laws: Sometimes drivers violate traffic laws without realizing it. Showing that the other driver broke the law can shift fault in your favor.
An experienced NYC motorcycle accident lawyer can build a strong case to minimize your share of fault and protect your right to compensation.
Can I Still Get Compensation if My Level of Fault Doesn’t Change?
Yes. Even if your percentage of fault remains the same after an investigation, you’re still entitled to recover compensation in New York under the state’s comparative negligence system. Your total compensation will simply be reduced by your degree of fault.
Compensation may cover:
- Medical bills
- Lost wages
- Pain and suffering
- Motorcycle repairs or replacement
While the amount of compensation may be reduced if you’re partially at fault, pursuing a claim can still result in receiving important financial relief that helps you recover from your injuries and move forward.
Can I Use Any Other Forms of Insurance to Get Compensation?
Even if you’re being blamed for the accident, you may still be able to pursue compensation through other insurance coverage. In New York, some of these options include:
- Personal Injury Protection (PIP): Motorcyclists in New York are not automatically covered by PIP insurance, unlike drivers of passenger vehicles. However, if you purchased optional motorcycle PIP coverage, you may be able to use it to cover medical expenses regardless of fault.
- Medical Payments Coverage (MedPay): This optional coverage can help pay for medical expenses after a crash, no matter who was at fault.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has no insurance or limited coverage, your UM/UIM policy may help cover your injuries and damages.
- Disability Insurance: If your injuries prevent you from working, a private or employer-sponsored disability policy could provide additional income support.
Using these alternative forms of coverage can help bridge financial gaps while you work to resolve liability disputes and pursue your personal injury claim. An experienced attorney can review available policies and help you maximize all available sources of compensation.
Contact Douglas & London Today
Being unfairly blamed for a crash is just one of the symptoms of motorcyclist bias that runs rampant through society. Unfortunately, injured riders often face obstacles throughout every step of the legal process. At Douglas & London, we understand these challenges, and we work hard to ensure injured bikers are treated fairly and get the compensation they deserve.
If you or someone you love was injured in a motorcycle accident, it’s important to have experienced and aggressive legal representation on your side. Contact our team today for a free consultation.