After you or a loved one experiences a motorcycle accident, you may be unsure of what to do. The insurance company, the other parties and acquaintances could all be giving you different advice.
One thing is sure: If someone else’s mistake was the reason for your injuries, you have the right to fight for justice. Find out what you can do and how our Civic Center, NY, motorcycle accident lawyers from Cellino Law can help.
Why Severe Motorcycle Accident Injuries Are More Common
Motorcycles offer a level of freedom you can’t get with any other vehicle on the road. However, that freedom of feeling the wind rushing past you comes with additional risks that responsible riders are willing to accept.
For one, riders don’t have a metal body to protect them from impacts. Also, the vehicle itself is smaller and lighter than passenger cars. Obstacles that aren’t as hazardous to cars, such as potholes and debris, can spell trouble for an unsuspecting rider.
Additionally, two wheels are not as stable as four. (Although, three-wheeled trikes have become more popular and minimize this issue.)
Finally, other motorists don’t always pay close enough attention and miss seeing motorcyclists. This is all the more worrisome because distracted driving is a common occurrence.
The Kinds of Injuries Motorcyclists May Deal With
You can face any number of injuries from a motorcycle accident. Broken bones, road rash, burns and disfigurement can occur. Such visible wounds are easy to detect and prove.
However, there are a host of invisible or delayed injuries that you could experience. For example, persistent headaches or personality changes could be signs of traumatic brain injury or concussion.
Internal bleeding and organ damage are other wounds that might not display themselves immediately. Also, not all bone fractures are instantly visible and can heal incorrectly without prompt treatment.
After an accident, don’t delay seeking medical care, even if you feel fine at the moment. Your adrenaline might be masking underlying issues.
Compensation for Your Treatment and Recovery
The thing to keep in mind is that when someone injures you after an accident you have the right to compensation. This payment should cover the at-fault parties’ portion of liability for your injuries.
The challenge is ensuring you get compensation for all expenses you’ll incur for your injuries. From initial emergency care for surface-level cuts and bruises to long-term treatment and physical therapy, you have a right to recover all of your losses.
This can be challenging to keep track of, especially as you recuperate. As soon as you’re able, contact our firm at Cellino Law. We’ll help you compile the evidence you need to prove your losses. We’ll even provide friendly reminders about anything else you can do to keep your case strong, such as following your medical care plan.
New York’s Motorcycle Insurance Standards
Be aware that New York’s no-fault insurance laws only protect car owners in accidents. The statute mandates that all drivers must have personal injury protection that covers the first $50,000 of medical expenses, lost wages and related accident costs. An individual’s own insurance policy takes care of these losses, no matter who is at fault, even the drivers themselves.
However, this law does not apply to motorcycles. As a result, it can require more work to get compensation after a collision. True, you have to carry liability coverage, but this only pays for injuries or losses of others.
Because of this difference, the state allows you to bring a case against another motorist more readily than drivers. As a motorcyclist, you do not face the serious injury threshold for making an insurance claim or filing a lawsuit. You can sue from the first dollar of your losses. For that reason, don’t hesitate to call our team for help on how to handle your case.
How Our Attorneys Help You With Your Motorcycle Accident Case
Evidence is strongest soon after an accident. At that point, you’re likely not in the best position to collect and categorize that proof because of your injuries. That’s why it helps to have someone on your side.
Our firm investigates every aspect of your case, possibly even factors that you may not have realized are important. We also have additional resources to fight for crucial evidence that can be difficult for the average person to obtain. Such evidence includes:
- Phone records of other drivers
- GPS and navigation system data
- Dashcam footage
- Surveillance video from nearby businesses or even homes
Also, insurers might try to use a technicality to deny or minimize your claim. We help you prevent that by handling the paperwork and ensuring it gets submitted on time and correctly.
After filing the claim and a demand letter for compensation, you can expect the insurance company to push back with a counteroffer. A measure of negotiation is necessary at this point, which we handle for you. Finally, if the other side won’t play fair, we take your case to court.
How Pure Comparative Negligence Affects Your Motorcycle Accident Claim
Even if the insurance company or court decides you have some of the blame, you can still file a claim or sue for damages. If anyone else contributed any portion to the accident, you can ask for compensation, even as low as 1%.
Of course, you will only receive the percentage of your losses that you can prove the other parties are liable for. For instance, if a person or entity has 60% fault for damages of $50,000, you could recover $30,000.
It’s important to understand pure comparative negligence because multiple parties can share liability. For example, what if the accident was partially driver error but also due in part to a vehicle defect? You would have a case against the driver for their portion of the blame and against the manufacturer. With our help, you find out who all of the liable parties are and how to bring your case for the highest payout.
Work With Our Civic Center, NY, Motorcycle Accident Lawyers
Whatever the circumstances of your case, don’t wait to give our Civic Center, NY, motorcycle accident lawyers a call at Cellino Law. With a complimentary initial consultation, we can help you determine your next steps in fighting for justice.