Riding a motorcycle can give you a feeling of adventure that is hard to match with other forms of transportation. Its smaller and more maneuverable size makes navigating through New York City’s traffic easier.
The downside is that if you get in a motorcycle accident, you may end up with significant injuries. Without the metal frame of a car to protect you, you face the direct force of impact during an accident.
The cost of repairing your bike and recovering from the incident can be substantial. Knowing your legal options can help you get fair compensation for these expenses.
What Are Common Causes of Motorcycle Crashes?
Various factors can cause motorcycle wrecks, such as other drivers not seeing your bike or opening car doors into your path. Some other common causes include:
- Speeding
- Left-turn accidents
- Impaired driving
- Unsafe lane changes or failure to yield the right-of-way
- Inclement weather or poor road conditions
- Aggressive driving
- Distracted or fatigued driving
Other factors, like defective motorcycle parts, can also contribute to accidents. You must understand your rights and responsibilities to know what to do after a crash. Each case is unique, so it is a good idea to consult a professional law firm for advice tailored to your situation.
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What Kind of Injuries Happen in a Motorcycle Accident?
Motorcycle wrecks can result in a variety of injuries. Some common damages include:
- Head injuries: Impact to the head can cause concussions and traumatic brain injuries
- Road rash: Skin scrapes against the road, leaving a painful injury that can lead to infections
- Bone fractures: Arms, legs and collarbones often break in crashes and may require surgeries
- Spinal cord injuries: Spinal damage can lead to impaired mobility or paralysis
- Internal wounds: Blunt force trauma can cause organ damage, a ruptured spleen or internal bleeding
- Soft tissue injuries: Muscles, ligaments and tendons can strain, sprain or tear, causing long-term pain and potential mobility issues
- Nerve damage or limb amputations: The exposed nature of a rider increases these risks
- Psychological trauma: Motorcyclists may experience anxiety, depression or post-traumatic stress disorder after a crash
If you sustain injuries in an accident, it is important to see a doctor. Some types of damage may not present symptoms right away. Seeking immediate medical care can help discover potential concerns.
How Can an Accident Lawyer Help?
Hiring a motorcycle accident attorney Near Upper West Side, NY, can be beneficial for several reasons.
Legal Complexities
Getting a settlement that meets your needs requires a thorough understanding of the related laws and procedures. A lawyer can take you through the steps of an accident claim.
Personal injury attorneys can help:
- Gather evidence such as eyewitness accounts, traffic camera footage and police reports
- Navigate New York’s comparative negligence rule, which assesses the degree of fault for each party
- Understand the insurance system, policy coverage and effective negotiation methods
- Meet the requirements and deadlines for pursuing a claim
An experienced legal professional can clarify complex policies and legal regulations so you can make informed decisions about your case.
Liability Disputes
Liability is the legal obligation to pay for damages resulting from an accident. In New York, multiple parties may share the responsibility.
If there is a disagreement over who is at fault in your accident, a lawyer can help collect proof to build a strong case. A thorough investigation considers factors such as failure to obey traffic rules, reckless driving, faulty vehicle parts and road conditions.
Determining fault is important because the state’s no-fault insurance laws do not cover motorcyclists. This exception means you cannot file under your insurance policy in an accident. You must file a claim against the driver responsible for your injuries.
Insurance Issues
Insurance agencies may offer a settlement that does not cover your losses or deny your claim. Lawyers can manage communication between you and the insurance company. They can submit evidence for your claim and negotiate fair compensation based on your circumstances.
Accident lawyers understand the different types of insurance policies and the coverage they provide after an accident. Experienced attorneys know the tactics insurance adjusters can use to reduce payment amounts. They can counter these methods and stand up for your rights.
Legal Representation
Lawyers can take your case to trial if the insurance company does not provide a reasonable settlement amount. They can represent you in court, present evidence to the jury and cross-examine witnesses. They understand court rules and procedures, helping you get your desired outcome.
Why Should You File a Legal Claim After a Motorcycle Wreck?
You may wonder if you need to take legal action. However, filing a claim after a motorcycle incident is important for several reasons.
Compensation for Injuries
You may want to seek compensation if you get hurt in a crash. As a motorcyclist, you have a right to file a legal suit, even if your injuries are not severe. Medical treatment can be expensive. You may also need extended recovery time, making working difficult. A lawsuit can pursue monetary compensation for your lost wages, too.
Coverage of Expenses
New York’s no-fault law does not cover bikers. This exemption means you do not have coverage for lost wages or medical costs after an accident. Since you cannot file under your policy, you must file a claim against the person who caused the accident. Otherwise, you will have to pay out-of-pocket for any crash-related expenses.
Legal Rights
You have the same legal rights as other motorists in the state. If another person’s negligence causes your injuries, you have a right to seek justice. You can file a lawsuit against the person liable to get a settlement that covers your losses.
Our Lawyers Can Help Your Case
Motorcycle accidents can result in significant injuries, and the road to recovery can be long and expensive. Our experienced legal professionals can help you handle the issues that arise after an accident.
At Cellino Law, we understand the unique challenges you face. We work to help you get fair compensation for your injuries. Call us today to discuss your case. We can help you get the justice you deserve.