Motorcyclists are particularly vulnerable on the road. They lack the physical protections that car drivers have, making them more exposed to injuries. Recent statistics reveal that 55.9% of motorcycle crashes resulting in injuries were due to collisions with motor vehicles, making these the most dangerous type of accidents for bikers.
Knowing your rights if you have a crash on your bike is important. Your injuries can be long-lasting and present significant challenges. Securing adequate compensation to cover your related costs can help you recover and move forward after a wreck.
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What You Need To Know About Your Motorcycle Accident
Motorcycle crashes are generally more dangerous than motor vehicle accidents for several reasons. Unlike driving a car, no protective shell surrounds you when you ride your motorcycle. You do not have an airbag or a seatbelt, and the bike offers no injury protection.
Your motorcycle’s size makes it more difficult for other drivers to see you. You are also more vulnerable to road conditions, less stable than a car and more likely to eject from your bike.
Because of these factors, your injuries from an accident can be serious. After a wreck, you likely have many questions about your rights, responsibilities and next steps.
What Should You Do at the Accident Scene?
After a crash, check for injuries on yourself and others involved. Do not remove your helmet or other gear. Taking off your helmet could make neck or spinal injuries worse. Remain at the scene, report the incident to local law enforcement and exchange information with the other people involved. Take photos of your bike, the other vehicle and the surrounding areas.
Should You See a Doctor?
You need to seek care from a medical professional as soon as possible after your accident. You may not notice your injuries right away, but that does not mean they do not exist. Motorcyclist injuries can be severe, and it is important to protect your health. Doctor visits also provide necessary documentation if you file an injury claim.
Do You Have To Tell the Police?
New York laws require that you report a motorcycle accident to the police if anyone sustains injuries or property damage.
How Long Do You Have to File a Claim?
You typically have three years from the date of your wreck to file your personal injury claim in New York. However, exceptions or specific circumstances can alter this timeframe. Motorcycle accident lawyers near Lower East Side, NY, can explain the deadlines based on the details of your situation.
What if the Driver at Fault Does Not Have Insurance?
If the person responsible for your wreck does not have insurance, you have several options:
- File an uninsured motorist insurance claim (if you have this coverage)
- File a lawsuit against the responsible party to recover damages
- File a claim with the auto policy of a relative in your household
- File your case with the Motor Vehicle Accident Indemnification Corporation
The best options for your case depend on your unique circumstances. Motorcycle crash attorneys can help you determine your plan of action.
Do You Have To Wear a Helmet?
New York state law requires anyone operating or riding a motorcycle to wear a Department of Transportation-approved helmet. The law also requires protective eyewear.
How Can You Pay Your Medical Bills?
Paying your medical costs after a bike crash can be complex. The state has a no-fault law for car accidents, but these protections do not apply to bikers.
If another driver’s negligence caused your injuries, you can file an insurance claim with the policy of the person responsible. Your health insurance may cover medical bills until you get your settlement.
Can You Get Compensation for Missed Work?
You can pursue compensation for any income you lose after a motorcycle wreck. The state considers this situation a form of economic damage.
How To Protect Your Legal Rights After a Motorcycle Wreck
Motorcycle accident claims can be more challenging than car accident cases due to factors like more severe injuries and potential bias against motorcyclists. Experienced personal injury lawyers can look over your case and guide you in the next steps to protect your rights.
What Are Your Rights and Legal Options?
In New York, you have several options if you have injuries from a motorcycle accident. You can:
- Seek compensation for damages, including medical expenses, bike repairs, lost wages and pain and suffering
- File a negligence claim if another party’s reckless or negligent actions caused your accident
- File a personal injury lawsuit against the person responsible for your injuries
Since the no-fault insurance rule does not apply to bikers, it is important to determine who is at fault. An accident lawyer can help you identify the liable party so you can seek justice.
How Do You Negotiate With Insurance Companies?
Due to New York’s unique insurance rules, getting a fair settlement from insurance agencies can be complex. In addition, insurance companies work to minimize the amount they pay in a claim. You must assess, value and document all expenses and losses resulting from your accident. Then, prepare a demand letter that outlines your damages and requested compensation. Motorcycle crash lawyers have experience communicating with insurance agencies to maximize recovery amounts.
How Long Does It Take to Get Compensation?
The time it takes to get compensation after a motorcycle crash can vary greatly. It depends on the complexity of your case, who is at fault, how severe your injuries are and whether the insurance companies cooperate.
What Is the Comparative Fault Rule?
New York uses a comparative negligence rule to determine fault. The person responsible for the incident compensates for the damages. However, if the court finds you partially at fault, it reduces your compensation amount by your percentage of liability.
Why You Need a Motorcycle Crash Lawyer
When you have injuries from a motorcycle accident, it can be challenging to deal with the consequences, especially if you have to handle legal matters on your own. Every situation is unique, and the best course of action depends on the specifics of your case. Legal professionals can explain your options to safeguard your rights.
Get in touch with us today and let our team of motorcycle accident lawyers take the burden from you so you can focus on your health and well-being.