Riding a motorcycle can be exhilarating and empowering, especially in a vibrant place like New York, where scenic routes and bustling city streets provide a unique experience. But motorcycling also comes with challenges and risks, particularly for those who are still learning.
At William Mattar Law Offices, our motorcycle accident attorneys understand the passion that brings people to motorcycles and the difficulties and dangers riders face. Whether you’re a new motorcyclist with a permit or a seasoned rider, it’s essential to know the laws that affect you on the road and how to stay safe and protected in case of an accident.
If you or a loved one has been injured in a motorcycle accident, you deserve a compassionate, dedicated team to support you in navigating New York's legal landscape. Our motorcycle accident lawyers know the process for obtaining a motorcycle permit in New York, the responsibilities of other drivers when sharing the road with motorcycles, liability considerations in motorcycle accidents, and what you need to know if you're involved in an accident.
Table of contents
- Obtaining a Motorcycle Learner Permit in New York
- Preparing for the New York Motorcycle Road Test
- Motorcycle Permit versus License
- Liability in New York Motorcycle Accidents
- What to Do if You’ve Been Injured in a Motorcycle Accident
- How a Motorcycle Accident Lawyer Helps You Through the Claims Process
- Call William Mattar Law Offices for Help After a Motorcycle Accident in New York
Obtaining a Motorcycle Learner Permit in New York
To legally operate a motorcycle in New York, new riders need a motorcycle learner permit. This permit provides a foundation for safe riding skills. Obtaining this permit involves a few key steps. Those interested in obtaining a permit should contact the office for the Department of Motor Vehicles. Below please find a useful summary
Completing the Permit Application
The first step toward obtaining your learner permit is filling out the application, which you can complete online at the New York Department of Motor Vehicles or at a local DMV office. This application will require documents that confirm your:
- Identity
- Age
- New York residency
If you're a resident of another state, you’ll need to obtain a permit in that state. Minors under 18 also need parental or guardian consent to apply.
Passing the Written Permit Test
The written test evaluates your understanding of motorcycle laws, safe operating practices, and other essential knowledge from the New York State Motorcycle Operator’s Manual. The test takes 30 to 40 minutes to complete. Even if you don’t pass the test on your first attempt, you’re welcome to try again. Once you pass, you’ll be issued your motorcycle learner permit.
Preparing for the New York Motorcycle Road Test
Once you’ve gained enough experience with your learner permit, the next step to obtain your full motorcycle license is passing the road test. Here are some ways to prepare:
- Practicing Riding Skills: The DMV recommends practicing for at least 30 hours, with a minimum of 10 hours in moderate to heavy traffic conditions. This experience helps develop the situational awareness needed to stay safe on the road.
- Taking a Motorcycle Safety Course: The New York State Motorcycle Safety Program (NYSMSP) Basic Rider Course is a valuable resource for new motorcyclists. This course provides practical instruction on fundamental riding skills and defensive techniques.
- Recognizing the Risks of Motorcycling: Motorcyclists face unique vulnerabilities on the road. With minimal physical protection, riders are exposed to severe injuries in the event of a crash. Understanding these risks and knowing how to respond to an accident can make a significant difference.
Motorcycle Permit versus License
There are significant differences between operating a motorcycle with a permit and a full license in New York. Each comes with specific requirements and restrictions that affect where and how you can legally ride.
Riding Restrictions
A motorcycle permit holder in New York faces several restrictions. For example:
- You must have a supervising driver who holds a valid motorcycle license. This supervising driver must be at least 21 years old and either ride with you as a passenger or follow within a quarter mile, keeping you in their line of sight.
- You can’t carry any passengers other than your supervising driver.
- You’re prohibited from riding in certain areas, including highways with speed limits over 55 mph or areas that restrict permit holders (such as certain parts of New York City).
- There are special restrictions for motorcycle permit holders under 18.
A fully licensed motorcycle operator has no such restrictions. They’re free to ride without a supervising driver, carry passengers, and access restricted areas like certain highways.
Time and Area Limitations
Some local restrictions limit where and when you can ride, especially in busy urban areas. Once you hold a full license, these limitations no longer apply. You can ride at any time of day and in any area permitted by general traffic laws.
Skill Level Expectations
Permit holders are considered learners, expected to build their skills and gain experience under controlled conditions. Licensed riders are expected to have demonstrated a high level of competence on the road, having passed the road test or completed a certified safety course. This allows greater freedom on the road without supervision.
Legal Liability and Insurance Requirements
Motorcycle permit holders also must adhere to all New York traffic laws, including speed limits, signals, and right-of-way rules. The DMV periodically updates permit restrictions, so staying informed about the latest guidelines is wise.
Liability in New York Motorcycle Accidents
Determining liability is essential to securing compensation for your injuries when a motorcycle accident occurs. In New York, the concept of comparative negligence applies, meaning that each party’s share of fault is considered in assessing damages. If you’re injured in an accident, here’s what you need to know about liability:
Understanding Comparative Negligence
Under New York’s comparative negligence rule, your compensation may be reduced based on the percentage of fault attributed to you. For example, if another driver was mostly at fault but you were found 20% responsible, your damages award would be reduced by that amount. This rule helps ensure fair compensation while acknowledging each party’s role in the accident.
Motorist Responsibilities Around Motorcyclists
Drivers of passenger vehicles have a duty to exercise caution around motorcycles. This includes giving motorcycles ample space, checking blind spots carefully, and being mindful at intersections. Motorcycles are smaller and can be less visible, which places a greater responsibility on motorists to remain vigilant and share the road safely.
Common Motorist Negligence Leading to Motorcycle Accidents
Motorists often overlook motorcycles when changing lanes, turning, or following closely, which can result in severe collisions. Common negligent behaviors that place motorcyclists at risk include:
- Failing to yield the right-of-way
- Tailgating
- Distracted driving
- Unsafe lane changes
- Speeding
In a crash caused by a motorist’s negligence, an injured motorcyclist may be able to pursue compensation for damages, including medical expenses, lost income, and pain and suffering.
What to Do if You’ve Been Injured in a Motorcycle Accident
After a motorcycle accident, your priority should be your safety and health. If you haven’t already, seek medical attention. Even if you feel ok, some injuries, such as head trauma or internal injuries, may not show all symptoms immediately. Visiting the doctor can help you ensure that you’re alright and also creates a medical record that may be helpful if you end up filing a personal injury claim.
Beyond medical care, here are additional steps you can take to protect your rights and strengthen a potential legal claim:
- Contact a Motorcycle Accident Lawyer: Motorcycle accident claims are complex, involving various factors like liability, medical expenses, and the long-term impacts of injuries. An experienced lawyer can help you navigate the legal process, protect your rights, and fight for the compensation you deserve.
- Gather Information and Evidence: If you’re able, collect details about the accident, including photos of the crash scene, contact information for any witnesses, and a copy of the police report. This evidence can be critical if you choose to pursue a claim. Your legal team can help you collect this information.
How a Motorcycle Accident Lawyer Helps You Through the Claims Process
In New York, motorcyclists have the right to pursue compensation for their injuries, and a skilled attorney can make all the difference. At William Mattar Law Offices, we understand the unique challenges motorcyclists face and provide compassionate, knowledgeable legal support.
After a motorcycle accident, the legal process of seeking compensation can feel complex and overwhelming. This is where an experienced motorcycle accident lawyer steps in, guiding you through each stage of your claim, helping to protect your rights, and advocating for the maximum compensation you deserve.
Avoid Speaking to the Insurance Company Without Legal Representation
One of the most critical steps in the claims process is avoiding contact with the insurance company without a lawyer present. Insurance adjusters may seem sympathetic and cooperative, but their primary goal is to protect the company’s profits. When you speak with them directly, they may attempt to get you to make statements that could minimize your claim or use tactics to reduce the compensation they owe.
You're safeguarding your rights by letting your lawyer handle all communication with the insurance company. An experienced attorney knows how to counter these tactics and ensure that any information shared with the insurer is carefully managed to protect your best interests.
Common Insurance Tactics to Undervalue Motorcycle Claims
Insurance companies often use several tactics to try to reduce the amount they pay out in motorcycle accident claims. Being aware of these strategies can help you understand the importance of having a lawyer by your side:
- Pressuring Victims to Settle Quickly: After a crash, insurance adjusters may try to reach out quickly and offer a settlement before you fully understand the extent of your injuries or the true value of your claim. These initial offers are often far below what you deserve and may not cover ongoing medical treatment, lost wages, or other long-term needs. An attorney can review these offers and negotiate a settlement that accurately reflects your damages.
- Downplaying Injuries and Blaming the Rider: Insurers may attempt to argue that a motorcyclist’s injuries aren’t as severe as claimed or even suggest that the rider was at fault. This tactic is often used to lower their payout obligations or even deny a claim altogether. An experienced lawyer can counter these arguments and use medical records, expert opinions, and accident reconstruction to establish the full scope of your injuries and the other driver’s fault.
Pursuing Full Compensation With a Lawyer’s Help
A dedicated lawyer can help you pursue full compensation for your losses, which may include:
- Medical Expenses: Covering the cost of emergency care, surgeries, rehabilitation, and ongoing treatments related to your injuries.
- Lost Wages and Loss of Earning Capacity: Accounting for the time you miss from work and any long-term impact on your ability to earn.
- Pain and Suffering: Including physical pain, emotional distress, and loss of enjoyment of life due to your injuries.
- Property Damage: Seeking fair compensation to repair or replace your damaged motorcycle and any other personal property affected in the accident.
Throughout the claims process, a motorcycle accident lawyer negotiates directly with the insurance company, countering its tactics and pushing for a fair settlement. If the insurer is unwilling to offer a reasonable amount, your lawyer can file a personal injury lawsuit and take the case to court, presenting a well-prepared argument backed by evidence and expert testimony.
Having a lawyer to handle negotiations ensures that you’re not pressured into a lowball offer and that the insurance company takes your claim seriously.
Call William Mattar Law Offices for Help After a Motorcycle Accident in New York
If you were injured in a motorcycle accident, William Mattar Law Offices is here to help. We understand the risks motorcyclists face and the physical, emotional, and financial toll a serious accident can take. Our dedicated team is ready to advocate on your behalf, fight for fair compensation, and protect your rights.
You don’t have to face this difficult time alone. Call our main office in Williamsville, NY, at 716-444-4444 or contact us online for a free, confidential consultation. We answer our phones 24/7 and are here when you need us most.
We also have offices in Buffalo, Syracuse, and Rochester, and our personal injury lawyers can serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.