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Motorcycle safety is crucial on roadways both in the state of New York and beyond. While motorcyclists enjoy the same rights as automobile drivers, the elevated personal hazards involved in a motorcycle accident also require them to take certain safety precautions automobile drivers don’t have to do; such as wearing a helmet. Also, a separate license is required to operate a motorcycle, due to the different skills required to operate them. But what, if any, are the legal differences between motorcycles and automobiles in terms of violations for excessive speed? Really, none.

Here, Thomas A. Corletta, Attorney at Law, a trial lawyer based in Rochester, NY, explains the ramifications of operating a motorcycle at excessive speeds.

Motorcyclist Rights & Responsibilities

As aforestated, motorcyclists are subject to the same restrictions and protections as automobile drivers, as detailed in the New York Vehicle and Traffic Law, Title 7, Article 34-A, Section 1250 states: “Traffic laws apply to persons operating motorcycles. Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application.” (meaning they are unique to motorcycles.)

With few exceptions, such as the provision allowing for two motorcycles to ride side-by-side in the same lane, all traffic laws and speed limits apply to motorcycles, just the same as other motorists.

Speed Limits

lawyerAs with automobiles, motorcycles are subject to posted speed limits. However, an excessive speed violation can still be issued to a motorist operating below the speed limit if the speed is found to be greater than what is “reasonable and prudent under the conditions.” In such a case, the specific conditions are considered, such as weather, road conditions, road geography (hills, curves), time of day, nature of traffic, etc. Motorcyclists operating at unsafe speeds may be assessed the same fines and license points as automobile drivers doing the same thing.

The wisest choice is to operate your motorcycle safely and within the bounds of the law. But if you’ve been issued a citation for driving your motorcycle at excessive speeds, seek out an experienced lawyer to help you.

In Rochester, call Thomas A. Corletta, Attorney at Law at (585) 546-5072 if you need the services of a traffic lawyer, DWI lawyer, or general criminal defense lawyer. You can also visit his website for more information, and find the practice on Facebook and Twitter.

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