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Motorcyclists are taught to drive defensively and always be on the lookout for other drivers who could put them in danger. But no matter how carefully they may ride their motorcycles, an irresponsible driver may force them to swerve – and, perhaps, crash.
If you crashed your motorcycle to avoid a reckless driver, you have two concerns: recovering compensation for your losses and potentially being held liable if you hurt someone else. Let the Garden City personal injury attorneys of The Saul Law Firm, LLP advise you.
Compensation From Your Own Insurer
Most drivers are subject to New York’s no-fault insurance rules, under which the insurer will have to pay, up to policy limits:
- Medical expenses: These cover ambulance care, hospitalization, surgery, and more.
- Lost wages: The insurer will pay 80% of the income lost due to the accident.
- Other reasonable and necessary expenses: This includes payment of up to $25 per day for incidental expenses, such as the cost of travel to see a doctor.
However, Garden City motorcyclists are expressly excluded from these Personal Injury Protection (PIP) benefits. They will have to rely on any of the following that may apply:
- Their personal health insurance policy
- Medical payments coverage
- Out-of-pocket payments for immediate needs
But they may be able to move to the next step and seek compensation from the at-fault driver who caused the accident.
Compensation From the Reckless Driver
If the driver who caused the accident is identified, this greatly expands the motorcyclist’s options for compensation. They can generally pursue one of two routes:
- File a claim against the at-fault driver’s insurance company
- File a personal injury lawsuit
Filing a lawsuit can help you recover compensation for more serious injuries, non-economic damages like pain and suffering, and more. You should speak with a Garden City motorcycle accident attorney about your options.
Defending Yourself Against Claims of Negligence
Another concern for a motorcyclist who is forced to crash is whether they have injured another person in the process. This could be a rider on the back of the motorcycle, another motorist, a pedestrian, or other individuals.
Swerving to avoid an accident is an understandable reaction, but a resulting crash will be scrutinized to determine if the motorcyclist’s actions were reasonable. In other words, is there evidence that the motorcyclist was somehow negligent? Or was the act of swerving and crashing truly unavoidable?
When a rider swerves in response to an unanticipated event (like a reckless driver suddenly crossing their path), a court may view the rider’s actions as reasonable. However, a court may be less willing to adopt this attitude in the following scenarios:
- Overreacting to something minor (meaning, the at-fault driver’s actions were not deemed reckless)
- The motorcyclist had time to respond otherwise, but instead chose to swerve
- The motorcyclist was speeding or otherwise negligent or reckless
Put another way, if the swerving and subsequent crash were not reasonable in light of the circumstances, the motorcyclist could be held liable for any resulting injury or property damage.
Comparative Negligence in Garden City Motorcycle Crashes
The above discussion raises another issue, that of comparative negligence. In cases in which a rider is found partially responsible for an accident, a court will assign a percentage of liability. The available damages to the motorcyclist are then reduced by this percentage.
For example, say the motorcyclist swerves and crashes, gets injured, but it is subsequently determined that they were speeding. A court may determine that the motorcyclist was 20% responsible for the crash. If the available damages would have been $100,000, this amount will be lowered by 20% ($20,000), netting $80,000 to the rider.
The Value of Seasoned Legal Counsel
Scenarios like the above can quickly become complicated, which is why having knowledgeable legal representation is essential to your rights. If a reckless driver forced you into a crash, it’s time to explore your options for compensation. Get in touch with The Saul Law Firm, LLP today.