Does a motorcyclist have cause or cause of injury in a motor vehicle accident?

"New York", United States of America

The following excerpt is from People v. Hatcher, 694 N.Y.S.2d 602 (N.Y. City Ct. 1999):

Here, however, the complaint neither describes the nature or extent of the purported injuries to the passenger's leg nor contains any allegations concerning the severity or aftermath of the incident. As a consequence, it is unclear from the pleading whether the unnamed rider simply re-boarded defendant's scooter and departed the scene without so much as a whimper or, instead, was left at the curb writhing in pain. Moreover, the complaint does not allege that the defendant turned to face the passenger at any point during the incident, or was otherwise in a position to observe the purported injury that had occurred. Instead, the complaint states only the bald conclusion that defendant's unnamed passenger had "injure[d] his leg." That conclusory statement provides no basis upon which it can be inferred that defendant knew or had cause to know that his passenger had been injured. Accordingly, the complaint is defective and must be dismissed. See People v. Dumas, 68 N.Y.2d at 731, 506 N.Y.S.2d 319, 497 N.E.2d 686.

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