MOTORCYCLE ACCIDENT LAWYER

Motorcycle Laws in New York City

A motorcycle injury claim may depend on many factors, including the laws that govern motorcycle use in the city. In general, motorcycle operators need to follow the same rules of the road as other motorists regarding, for example, speed, driver distraction, and yielding the right of way.

In order to operate a vehicle in the state of New York, a driver must possess a Class M or MJ Operator’s license. This requires passing a driver’s test and a road test. Operators over the age of 18 with a valid driver’s license and a motorcycle operator learner’s permit will be exempt from taking the road test.

Once a motorcycle operator obtains a valid license, he or she will have to observe all the rules for riding on New York State roadways.

• All motorcycle riders must wear a helmet that meets US DOT federal motor vehicle safety standards.
• All motorcycle operators must wear eye protection that conforms to the American National Standard Institute regulations.
• If carrying a passenger, a seat and footrest are required.
• A motorcycle helmet speaker may only have one earphone.

What is the Required Equipment for Registered Motorcycles?

Additionally, all motorcycles registered in the state of New York must also have the following minimum equipment:

• Brakes on both wheels (exceptions exist for historic motorcycles produced before 1971)
• Directional signals (exceptions exist on vehicles manufactured before 1985)
• A horn
• One red rear reflector
• A headlight, taillight, stop lamp, and license plate lamp
• A rearview mirror
• A muffler
• Handlebars that are the shoulder height of the rider or lower

Does NYC Allow Lane Splitting?

New York also has laws that pertain to sharing the road; no more than two motorcycles may operate side by side at one time. Additionally, New York law prohibits the practice of lane splitting, or going in between lanes to pass cars.

Common Motorcycle Accident Injuries

Even when a rider takes all the required precautions and follows the letter of the law, he or she can still sustain injuries in an accident. Unfortunately, most motorcycle crashes lead to some sort of injury, ranging from minor to catastrophic and permanently disabling.

• Road rash. Road rash is one of the most commonly reported consequences of crashes. It occurs when a rider slides across the pavement and sustains abrasions to the skin. Road rash may require intensive medical treatment and surgery.
• Head injuries. Even with proper helmet use, a motorcycle rider can sustain a concussion or more severe traumatic brain injury resulting from an accident.
• Spinal cord injuries. Severe trauma suffered in a motorcycle accident can cause damage to the nerves housed within the spinal column. Spinal cord injuries can cause lifelong sensory or motor problems.
• Broken bones. Since motorcycles lack the basic protections of cars, even a minor motorcycle accident can result to fractures, particularly to the ribs, arms, and legs.
• Nerve damage. A motorcyclist can tear or otherwise damage nerves in a crash, resulting in loss of sensation or painful neuropathy.
• Trauma to the lower body. Burns, broken bones, and crush injuries to the lower body can result from a bike falling on top of a rider during a crash.
• Internal bleeding. Motorcyclists can sustain serious trauma that leads to organ bruising or bleeding, a life-threatening emergency.
• Permanent disfigurement or injury. The injuries a rider sustains in a motorcycle accident can be permanent, leading to scarring or other forms of permanent damage.
• The abrupt nature of a crash can cause loss of a limb in some cases, particularly when a rider gets pinned to the ground after an accident.
• A violent crash on the roadway can lead to a permanent injury like paraplegia or quadriplegia.

What Causes Motorcycle Accidents?

Motorcyclists have an equal right to use the roadway, but sometimes motorists simply don’t notice them. Unfortunately, drivers aren’t as attuned to motorcycles as they are other cars. This can create a dangerous situation for riders that often results in accidents. Motorcycle accidents have a variety of causes, many stemming from driver negligence.

• Distracted driving is one of the leading causes of all car accidents, including those involving motorcycles. Cell phone use and texting, although prohibited by law in New York, still contribute to hundreds of accidents throughout the state each year.
• Operating under the influence of alcohol presents a serious risk to all motorists, especially motorcyclists. Because their vehicles are smaller and not as visible, a drunk driver may not see them as readily as they would a car.
• Speeding plays a significant role in many crashes, and can prove devastating to motorcyclists. While a motorist may walk away from a crash involving a speeding driver, a motorcyclist may sustain life-threatening or permanently disabling injuries.
• Failure to check a blind spot is a unique hazard for motorcycle riders, as a motorcyclist may easily fit within a blind spot.
• Failure to yield the right of way. This type of accident is particularly common because drivers don’t fully comprehend how fast a motorcyclist is going, leading to disastrous consequences.
• Hazards on the road can present a unique danger to motorcycle riders. Potholes, gravel, uneven pavement, and road debris may be annoyances to the average driver, but could cause serious and potentially life-threatening issues for motorcyclists.
• Inclement weather, like road hazards, can be dangerous for the average motorcyclist. Slick roadways and decreased visibility can cause crashes, especially when combined with other elements like driver inattention.

Trial Lawyers for Motorcycle Accident Cases in New York City

If you were injured in a New York City motorcycle accident, contact Rosenberg, Minc, Falkoff, & Wolff, LLP to schedule a consultation. Our attorneys will fight tenaciously for the compensation you deserve.