Only a small percentage of registered vehicles in New York City are motorcycles, but accidents involving them are a significant concern. Motorcycle crashes can have severe consequences, especially considering bikers’ vulnerability. In 2022, motorcyclists accounted for 15% of all traffic fatalities.
If you get injuries in a wreck, you have a legal right to seek compensation for your damages. Experienced lawyers can explain your available options. They handle your case so you can concentrate on getting better.
How Lawyers Can Help After Your Motorcycle Accident
Hiring an attorney to oversee your motorcycle collision case can provide several advantages. In New York, motorcycles are exempt from the no-fault system, which typically requires injured parties to pursue compensation from their own insurance policies. As a motorcyclist, you can seek a claim against the at-fault party’s insurance or through a personal injury lawsuit.
Understand Personal Injury Law
Lawyers who understand personal injury law can be your strongest advocates. Their expertise in the state’s laws and their ability to explain the rules and regulations can help you make informed decisions about your case. They guide you through the legal process, increasing your chances of achieving a favorable outcome.
Determine Liability
Even in a “no-fault” state, determining liability after a crash can affect your settlement. Motorcycle accident lawyers can collect evidence, document details and identify factors that may have contributed to the collision. They can analyze police reports and talk to witnesses who saw the incident. Attorneys can also check vehicle maintenance and cell phone records to investigate the cause of your crash further.
Negotiate Fair Compensation
Having an attorney to negotiate with insurance adjusters after your accident is important. These experienced professionals understand the claims procedure. They can:
- Gather relevant information
- Assess damages
- Calculate the value of your claim
- Submit a well-documented demand letter
- Protect your rights throughout the negotiation process
Personal injury lawyers have the skills to advocate for you, review settlement offers and maximize your compensation.
Manage Tasks Efficiently
Attorneys can save you time and money by staying organized, meeting deadlines and knowing your next steps. They can prevent you from making mistakes that damage your case or result in a low settlement offer. They can communicate with the other party’s insurance company and, if necessary, represent you in court.
Why You Should Know the Motorcycle Crash Laws in New York
Several rules and regulations govern biker accident cases in the state. Understanding these laws helps you prepare a solid case. It enables you to put together relevant evidence, determine liability and show negligence.
No-Fault Insurance Law
This state law protects people who get into wrecks by ensuring they get compensation as soon as possible. The law excludes motorcycles from this rule as they do not meet the definition of a “motor vehicle.” However, if another party’s negligence causes your accident, you have a right to file a compensation claim.
Comparative Fault System
New York follows a system known as pure comparative negligence. This process determines the degree of responsibility each involved party has in a collision. You can recover compensation even if you are partly liable for your accident. The court reduces the amount it awards you by your percentage of fault.
Statute of Limitations
The state has a time limit for filing your lawsuit. You have three years from the date of your wreck to file your legal claim. There are exceptions to this rule, depending on your unique circumstances. However, it is important that you file within the set timeframe, or the court may dismiss your case.
Additionally, all New York motorcycle riders must wear an approved helmet. Right-of-way and lane-splitting laws govern how motorcyclists must operate their bikes on the road, and both bikers and motorists must meet the basic insurance requirements.
What You Need To Know About Your Right to Compensation
After a motorcycle accident, you have the right to seek monetary compensation for various types of damages. Your damages depend on your unique circumstances.
Economic Damages
You can pursue recovery for the following costs related to your crash:
- Medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
Economic damages can also cover future costs related to your accident. These expenses include ongoing medical care, future lost wages or modifications needed for your home or vehicle.
Non-Economic Damages
These damages involve the emotional distress, pain and suffering that result from a motorcycle accident. A court may award you compensation for loss of enjoyment of life, pain, anxiety, trauma, depression or other psychological impacts of your crash.
In some situations, a judge may also award punitive damages. This kind of compensation punishes the responsible party in cases of extreme negligence.
What To Do To Prepare for a Motorcycle Accident Case
If you plan to file a lawsuit in New York due to injuries from a motorcycle crash, you need to take certain steps.
Seek Medical Attention
You should see a doctor as soon as possible following a motorcycle collision. Even if you feel fine, having a health care professional examine you is a good idea. Some injuries do not show symptoms right away.
Collect Proof
Take photographs of the scene, get the contact information of eyewitnesses and file a police report. Write down everything you remember about the incident as soon as you can. Detailed records strengthen your legal case.
Consult an Experienced Attorney
Discuss your case with a law firm specializing in this area. Motorcycle accident lawyers near Chinatown, NY, can evaluate your situation and help you determine the best course of action.
Understand Your Insurance Coverage
Find out how your policy applies to your situation. You must know what your insurance covers and how it works to ensure you get fair compensation. Insurance policies are complex, and you can end up with a low settlement if you do not understand your coverage details. Accident attorneys can help you manage these complexities.
Why You Need a Trusted Motorcycle Crash Attorney
At Cellino Law, our lawyers know how to manage motorcycle accident lawsuits. Our expertise can help you in many ways. It can be beneficial if you are unfamiliar with the legal system or dealing with a challenging case. We can take care of all aspects of your claim, giving you peace of mind while working toward a fair settlement. Connect with us today to get a free evaluation of your case.