Motorcycle Accidents

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Approximately 4,000 motorcyclists are killed each year, and more than 80,000 are injured in traffic crashes. Many of these injuries and deaths could be prevented if motorcycle riders and their passengers wore helmets. In 2005, 4,553 motorcyclists were killed and an additional 87,000 were injured in traffic crashes in the United States.

Per vehicle mile traveled in 2004, motorcyclists were about 34 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured. While motorcycles made up slightly more than 2 percent of all registered vehicles in the U.S., motorcyclists account for 10 percent of total traffic deaths. In 2005, 34 percent of all motorcyclists involved in fatal crashes were speeding, compared to 26 percent for passenger car drivers, 25 percent for light-truck drivers, and 2 percent for large-truck drivers.

nycontent/motorcycle_safety.asp')">Wearing a helmet lowers a motorcycle rider's risk of fatal injury by 29 percent and reduces the risk of nycontent/tbi_over_t.asp')">traumatic brain injury by 67 percent. Despite the documented effectiveness of helmets, many motorcyclists choose not to wear them, especially when state laws don't require helmet use. Currently, less than half of the states require helmet use by riders of all ages. NHTSA estimates that helmets saved the lives of 1,546 motorcyclists in 2005. And if all motorcyclists had worn helmets, an additional 728 lives could have been saved.

In New York, Motorcyclists are subject to the same speed restrictions as other vehicles. All motorcyclists are required to drive at a speed that is reasonable and prudent. N.Y. Veh. & Traf. Law §§ 1180-a, 1250 (Consol. 2002).. Any speed in excess of the following speeds is evidence of unreasonable driving:

Posted speed limit approaching a school crossing between the hours of 7:00 am and 6:00 pm.
Fines are doubled for speeding in excess of ten miles over the posted speed limit in construction areas. N.Y. Veh. & Traf. Law § 1180 (h)(3)(ii).
A maximum speed limit of not more than 65 mph on interstate highways. N.Y. Veh. & Traf. Law § 1180-a(3).
55 mph in other locations, unless the director of highway traffic states other wise. N.Y. Veh. & Traf. Law §1180(b) (Consol. 2002).

For insurance purposes, a motorcycle is not a motor vehicle within the meaning of the no-fault law. Since motorcycles are exempt from the definition of motor vehicle, a motorcyclist is not a covered person under the no-fault law and is not entitled to these benefits. However, a motorcyclist is required to maintain liability insurance. N.Y. Ins. Law §5103(f) Therefore, a pedestrian injured by a motorcycle would be protected by the motorcyclist's policy.

In all motor vehicle accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call <%= Session("company") %> now at <%= Session("phone") %> or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a <% if isempty(Session("contin")) then response.write "contingent fee" else response.write "contingent fee" end if %> basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to nycontent/damages.asp')">compensation for your injuries, but a lawsuit must be filed before the <% if isempty(Session("statute")) then response.write "statute of limitations" else response.write "statute of limitations" end if %> expires.

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