At MSG, we have a special empathy for motorcycle accident victims for one simple reason- we all ride. And as any rider knows, cars simply do not see you on the road. As a consequence, even the safest rider realizes that a negligent driver could cause an unavoidable accident.
The most typical accident scenario is a driver taking a left-hand turn in front of an oncoming motorcycle. While vehicles often make left-hand turns through lanes of oncoming traffic, it is particularly upseting scenario for the oncoming driver if he or she is on a motorcycle. In this scenario, the liability against the driver is clear. Under New York law, a driver intending to take a left-hand turn must yield the right-of-way to oncoming traffic. VTL 1141. In effect, the car making the turn must not do so unless it is safe. The fact that an accident has occurred is proof that the turn was not safe. Moreover, every driver has a duty to exercise due care to avoid colliding with another vehicle, motorcycle or pedestrian. VTL 1146.
If you or your client has been injured in such a circumstance, there is a strong argument that the negligent driver is 100% at fault, although one should be prepared for the defense to argue that the motorcyclist still had a concomitant duty to “see that which ought to be seen” and therefore shares some comparative fault for the accident. Factual issues of speed, damage to the side of the motor vehicle and points of impact may either support or preclude the defense claims of comparative fault against the motorcyclist. Regardless, the lion’s share of liability falls on the motor vehicle.
The lawyer first considering handling a motorcyle accident case MUST be aware of one significant distinction that such cases have with other motor vehicle cases- the motorcyclist is neither covered nor limited by the NO FAULT statute. That is, he is not a “covered person” under the statute and is therefore not entitled to medical benefits or expenses. Ins. Law 5103(f). This, of course, is unfortunate regarding the procurement of medical benefits for your injured client who may instead have to rely on work health plans, medicaid or treatment on a lien. The upside to motorcyclists being excepted from the law is that they ARE NOT GOVERNED BY THRESHOLD requirements that a person suffer a “serious injury” in order to pursue a viable claim. For the motor vehicle accident practioner, you are well aware of the pit falls of the threshold requirements and the ample summary judgment motion practice it invites on behalf of the defendants. Here, that is eliminated. See, eg, Carbone v. Visco, 115 AD2d 948 (4th Dep’t 1985). IF you can establish liabilty, your motorcyclist client is entitled to recover damages for any injury he or she has suffered.
While the foregoing may be of small consolation to the injured party, it is incumbent upon us as practitioners to be acutely aware of the law in order protect our clients rights. In the meanwhile, RIDE SAFE . ..