Is a motorcyclist's accident a motor vehicle accident?
The following excerpt is from Kelly v. DiNapoli, 30 N.Y.3d 674, 70 N.Y.S.3d 881, 94 N.E.3d 444 (N.Y. 2018):
Second, if the risk is outside the bargained-for risks of the job, we ask whether it is sufficiently out of the ordinary risks of everyday life to constitute an accident. In this regard, the existing case law holds that "[a]n injury occurring as the result of the petitioner's own misstep or inattention does not constitute an accident so as to qualify for benefits in accord with the provisions of this law" ( Meyer v. New York State Comptroller, 92 A.D.3d 1122, 11221123, 938 N.Y.S.2d 386 [3d Dept. 2012] ; see also e.g.
[30 N.Y.3d 691]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
