A woman continued to “occupy” a motorcycle as a passenger during a collision with an oncoming pickup truck even though she was thrown from the bike, an appellate court has ruled. And it found that she was not injured in a “second” accident when the motorcycle fell on her.
A unanimous panel of The Appellate Division, Fourth Department, said her status was crucial to plaintiff Karen Boyson’s claim that the injuries she suffered in 2011 while riding on a motorcycle driven by her husband Carl actually occurred in two separate accidents: first, when her husband “laid down” the bike in an attempt to avoid colliding with the truck and second, when the truck hit the motorcycle and knocked it on top of her.
