Rules of the road for riders
New York requires motorcycle operators and passengers to wear an approved helmet. Lane splitting, meaning riding between lanes of slow or stopped traffic, is not permitted in New York, although a few other states allow it or a narrower practice often called lane filtering. Two motorcycles may ride side by side within a single lane. When a crash happens in another state, that state's rules of the road usually apply to questions of fault. Knowing which rules were in play helps sort out which arguments the other side is likely to make, and which of them actually matter.
How fault and insurance rules interact
New York has generally reduced a partly at-fault person's recovery by that person's share of the fault, but a change for many motor vehicle injury lawsuits can bar a claimant found more at fault than the other side, and whether it reaches a rider's own claim is still an open question. Defense lawyers sometimes argue that riding without a helmet, or with one that did not meet standards, made head injuries worse, and that argument usually concerns the amount of damages rather than who caused the crash. Separately, motorcycles generally fall outside the state's no-fault benefits, which changes how medical bills are paid early on. Uninsured and underinsured motorist coverage on the rider's own policy can matter a great deal when the other driver carries little insurance. Each of these rules can change the value of a claim without changing the facts of the crash.
Applying the rules to your crash
We start with where and how the crash happened, because that tells us which state's law governs and which traffic rules matter. We then review the insurance on every vehicle involved and the policy on your motorcycle, including any optional medical payments coverage. If a pothole, a road defect, or a public vehicle played a part, claims against a city or state agency have their own short notice requirements, and we check those first. Throughout, we look at how motorcycle accident law will be used by both sides, so you are not caught off guard when the defense raises helmet use or lane position.
