I received a call from someone who was hurt when a car struck his motorcycle and he was calling to find out if he could have a case. He didn’t think of calling a motorcycle lawyer at the time of the accident because he was driving without a motorcycle operator’s license.
The caller said because he was driving the motorcycle illegally and was issued a ticket for driving without a license, he thought that he would not be able to have a lawsuit. I asked him if he had a valid motorcycle license at the time of the accident would that have prevented the accident?
Someone could be driving without a valid motorcycle license for various reasons but the lack of a license didn’t cause the accident:
- it was valid but left at home;
- was suspended or revoked; the driver failed to renew it; or
- the driver never obtained a license.
Some people think that if the motorcycle operator obeyed had the law by not driving without a license, he would not be in that place at that time and the accident would never have happened. But that argument is ridiculous. The lack of a driver’s license is not what caused the accident.
The only issue is whether the other driver is at fault. The caller’s injuries were 100% caused by the other driver’s negligence when the caller’s motorcycle, which was stopped at a red light, was hit in the rear by the car. The motorcyclist is therefore entitled to be compensated for his injuries.
If a motorcyclist did not have a motorcycle license, it would only become an issue if he lied about having a license. If the motorcyclist testifies at a deposition or in court that he or she had a motorcycle license when it was only a learner’s permit or there was no license at all, evidence from the DMV can be submitted for the purpose of showing that the motorcyclist did not have a license and lied. The jury could now consider whether the motorcyclist is a liar and whether other testimony should be believed.
If at the time of the accident, the injured operator of a motorcycle never had a license or previously had a motorcycle license which was expired, suspended, or revoked, the motorcyclist IS entitled to compensation for injuries.
Continued at “Can I get money for injuries if I was driving without a motorcycle license? Part 2”
Also see: Can I Sue for My Injuries If I Was Drunk?
If you have been hurt in a motorcycle accident in which you were operating the motorcycle without a valid license, please call the New York motorcycle accident lawyers
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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different
Partner Rob Plevy, Esq.
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My son wanted to try out my motorcycle but I wouldn’t allow him to go on the road and told him to just go to the top of our driveway. He got about 2/3rds up my driveway and applied the brakes and the back wheel locked up causing him and bike to go down. He has a severe injury to his right arm and hand. The skin was taken off the arm and he has muscle exposed on his hand which is also his dominant. I called my insurance company and they called him back stating that because of NYS no fault he is not covered even with my pip and he has no medical insurance himself. I am afraid he may get a bad infection and he is also in pain. He is 21 and tattoos and I am very worried now. He really needs medical attention ASAP
It is true that New York State no-fault will not pay for his medical treatment because the injury is a result of an accident with a motorcycle. However, I believe that we can get at least $25,000 or possibly more from the insurance company for your son’s injuries.
I can also give you some advice about getting money for the medical treatment.
I assume that your son did not have a motorcycle license. If not, it is good that he did not have a motorcycle license.
I sent you an email with my direct phone number but you can also call 1-800-487-8911 if you are in New York or you can send me your phone number by replying to my email or at using the contact form on this website.