Nothing quite beats the feeling of hitting the wide-open road on a motorcycle, but every rider understands the risks involved. It doesn’t matter how safe a driver you are; a bike is inherently more dangerous than an enclosed motor vehicle. The number of motorcycles involved in crashes in New York has been on the rise, increasing from 3,708 to 4,024 between 2018 and 2022. Nearly 30% of all accidents involved riders aged 21-29 in both 2018 and 2022.
You also have no control over other drivers’ actions. To add to the danger involved, drivers often don’t see motorcycles, increasing the likelihood of an accident even when neither driver acts recklessly. Another challenge you — and all other riders — face is that insurance companies and the courts are often biased against motorcyclists, assuming an accident is always the rider’s fault. If you’ve sustained injuries in a motorcycle accident, Cellino Law’s motorcycle accident lawyers can help you understand your rights and available options.
Why Do You Need a Harlem, NY, Motorcycle Accident Lawyer?
As unfair as it may seem, the cards are usually stacked against motorcyclists seeking compensation for their injuries after a crash. New York State is a no-fault auto insurance state. Insurance companies are required to provide personal injury protection, and motorists must carry this coverage for the vehicles they operate. When motorists have car accidents that result in injuries, they know that their own insurance coverage will pay a minimum of $50,000 per person for economic losses, including medical bills and income, regardless of fault or negligence.
However, the state’s law excludes motorcycle riders, whether operator or passenger. If you’ve had an accident while on a motorcycle, you must prove the other driver’s negligence and pursue compensation through their insurance company or a lawsuit. Though New York is a pure comparative negligence state, you may end up footing the bill for most, if not all, of your economic losses if you can’t provide sufficient evidence to prove the other driver’s negligence.
Proving Fault
The burden of establishing fault always lies with the person making the claim. However, the tendency to automatically blame the motorcycle operator for an accident makes your job even harder. Proving fault requires you to provide proof of the following:
- Duty of care: This first level of proof is the easiest, as any motorist owes other road users responsible behavior and a recognition that they must take care in ensuring others’ safety.
- Failure of duty: The next level is often the most challenging for motorcyclists. You must demonstrate that the other driver acted negligently and did not uphold their responsibilities to your safety.
- Causation: The third element of establishing negligence is demonstrating that the motorist’s breach of duty directly caused your injuries, which is one of the reasons we stress that anyone involved in a car accident should receive a medical exam right away.
- Damages: The fourth and last element of proving fault is establishing the damages you incurred as a result of your injuries.
Cellino Law motorcycle accident attorneys have years of experience helping clients file insurance and legal claims to obtain just compensation for their injuries.
Understanding the Law
Though proving fault is often challenging for motorcyclists, New York’s law for determining compensation allows all traffic accident victims to receive some compensation, even if they were mostly at fault. The state follows the pure comparative negligence doctrine. If you can prove that the other driver was at least partially responsible for the accident that caused your injuries, you have a right to receive compensation from their insurance company.
The amount you will receive depends on the damages you sustained and the other driver’s percentage of fault. If the motorist is 40% liable, their insurer pays 40% of your qualified damages up to the insured’s policy limits. The state’s law sets a $25,000 minimum liability coverage limit per accident for a single injured individual and $50,000 when more than one person sustains injuries.
Pursuing a Claim
Insurance companies are not known for their dedication to their policyholders. They don’t want to pay claimants if they can avoid doing so. To minimize their outgoing costs, they seek ways to blame the claimant. As a motorcyclist, you may find that the motorist’s insurance company wants to immediately deny your claim because you were on a motorcycle.
Cellino Law’s attorneys understand the law and the insurance companies. The insurance companies’ tactics don’t work on our lawyers. They also know the evidence to look for to establish fault and can help you gather what you need to prove negligence and determine fair compensation.
Often, motorcycle accidents lead to extensive injuries, exceeding policy parameters and limits. You don’t need to settle for less just because the driver’s insurance coverage is insufficient. Our motorcycle accident lawyers can help you file a legal claim for pursuing compensation when your losses exceed policy limits. Additionally, serious injuries may result in non-economic damages, such as pain and suffering, that you can only possibly recover through a personal injury lawsuit.
What Does a Harlem, NY, Motorcycle Accident Lawyer Do?
A Cellino Law personal injury lawyer specializing in motorcycle accidents will inform you of your rights and can assess your case to determine your options for pursuing compensation. If you retain our services, your team will:
- Handle communications
- Gather evidence
- Determine damages
- Calculate past and potential future expenses
- Complete and file the paperwork
- Negotiate a settlement
Whether you file an insurance claim or a lawsuit, your lawyer will do the heavy lifting, building a strong case that gives you the best chance at a positive outcome. Your focus should be on recovery, not dealing with the stresses of filing claims and dealing with insurance companies or defense attorneys.
How Do You Get Started With a Cellino Law Harlem, NY, Motorcycle Accident Lawyer?
Getting started with Cellino Law is easy. You are our priority, and we want to ensure you make the right decision for you. We offer a free case review to give you a clear idea of your options. Contact us at our Manhattan office or fill out our online form and someone will get back to you quickly.