Motorcycle Accident

Motorcycle Accident Injury Attorneys: Protecting Your Rights and Securing Compensation

Motorcycle accidents often result in physical, emotional, and psychological pain and suffering.  Severe personal injuries are often due to the lack of protective barriers for riders. If you have been involved in an accident, having the right legal guidance can make a significant difference in your recovery and financial security. This guide provides valuable insights to help you navigate a motorcycle accident injury claims process with confidence.

Common Causes of Motorcycle Accidents

When an accident occurs, working with an experienced motorcycle accident injury attorney can make all the difference in securing fair compensation for your personal injuries, medical expenses, lost wages, and other damages. We will aggressively advocate for your rights, ensuring you receive the full extent of compensation. A skilled attorney will handle all aspects of your insurance claims and legal matters, allowing you to focus on recovery. Some of the most common causes of motorcycle accidents include:

• Distracted Driving: Motorists engaged in activities like texting or eating may fail to notice motorcyclists, leading to collisions.
• Speeding: Excessive speed reduces reaction time and increases the severity of accidents.
• Driving Under the Influence: Alcohol or drugs impair judgment and reaction times, contributing to accidents.
• Lane Splitting: Motorcyclists riding between lanes, especially in heavy traffic, can be at risk if drivers are unaware of their presence.
• Road Hazards: Potholes, debris, and uneven road surfaces pose significant dangers to motorcyclists.

Understanding Liability in Motorcycle Accidents

When a motorcycle accident occurs due to these hazardous conditions, determining liability can be complex, as it may involve municipal agencies responsible for road maintenance or other parties. A skilled motorcycle accident injury attorney will help victims navigate these legal challenges, ensuring that the injured parties receive the compensation they deserve for medical expenses, lost wages, and pain and suffering. With their knowledge of personal injury law and a deep understanding of the nuances specific to motorcycle accidents, our motorcycle injury attorneys advocate fiercely for our client’s rights, either by negotiating favorable settlements or pursuing trial when necessary to ensure that victims receive the compensation they deserve. Given the intricacy of motorcycle laws and the potential for bias against riders, an attorney’s skill and experience can be invaluable in navigating your insurance claims and all aspects of your claim for personal injury, medical expenses, lost wages, and other damages. Determining fault in motorcycle accidents involves assessing negligence. Key considerations include:

• Duty of Care: All road users are obligated to operate their vehicles safely.
• Breach of Duty: Establishing that a driver violated traffic laws or drove recklessly.
• Causation and Damages: Linking the breach directly to the accident and resulting injuries.

Motorcyclists often face bias, with unfair assumptions that they are inherently reckless or somehow at fault. Our experienced attorneys know that many accidents happen through no fault of the motorcyclist but by the negligence of others.

Steps to Take Following a Motorcycle Accident

If you find yourself involved in a motorcycle accident, the first step is to seek medical attention for any injuries, no matter how minor they may seem. It is important to call 911 immediately so that medical personnel and law enforcement can assess your injuries and prepare a police report of the collision.  These steps are crucial to ensure that your injuries are addressed, the scene is documented, and witness statements are secured.  If you’re involved in a motorcycle accident, consider the following steps:

1. Report the Accident: Call 911 to ensure that first responders are at the scene to conduct an investigation and prepare a police report.
2. Seek Medical Attention: Prioritize your health by cooperating with the first responders at the scene of the accident to assess your injuries, even if the injuries seem minor.
3. Document the Scene and your injuries: Take photographs of the accident scene, your injuries, and any property damage.
4. Gather Witness Information: Although the police will gather witness statements, oftentimes witnesses leave the scene before the police arrive.  Collect contact details of any witnesses present.
5. Report the accident to your insurance company: Your insurance company must be placed on notice of the accident as soon as possible to ensure that coverage is determined to pay for your medical bills and property damage.
6. Follow through with medical providers: Often times, injuries are delayed and will materialize or intensify in the weeks following a motorcycle accident. Assess your injuries by getting thorough medical evaluations and complying with medical advice.
7. Consult a Personal Injury Attorney: Seek legal advice to understand your rights and the best course of action. An experienced attorney can help you navigate the complex legal landscape, ensuring that you receive the compensation needed for medical bills, lost wages, and other damages resulting from the accident.

The Role of Insurance in Motorcycle Accidents

In the event of an accident, a skilled motorcycle accident injury attorney can assist you with insurance claims and help secure the financial support you need for medical bills, rehabilitation, and lost wages. By understanding your rights and the legal options available, we will ensure that you receive the compensation you deserve for your injuries. Insurance plays a critical role in protecting motorcyclists from the financial burden that can arise after an accident.

Because motorcycle crashes often result in more severe injuries, leading to higher medical expenses, longer recovery times, and potential loss of income, having the right insurance coverage can help alleviate these financial challenges, ensuring that you receive the necessary medical treatment and compensation for damages. However, dealing with insurance companies can be complex, as providers may attempt to minimize payouts or dispute claims. Consider policies that offer:

• Uninsured/Underinsured Motorist Coverage: Protects you if the at-fault driver lacks sufficient insurance.
• Medical Payments Coverage: Assists with medical expenses regardless of fault.
• Comprehensive and Collision Coverage: Covers damages to your motorcycle from accidents, theft, or other incidents.

Consulting with an insurance agent can help tailor coverage to your specific needs, ensuring better protection on the road.

Pursuing a Motorcycle Accident Claim

The right legal representation can make a substantial difference in the outcome of your claim. A motorcycle accident injury attorney can help gather evidence, negotiate with insurance companies, and, if necessary, represent you in court to ensure you receive the compensation you deserve. With more than 50 years of experience and millions of dollars in recoveries, our attorneys will enhance your chances of securing a favorable settlement or verdict in court.

Motorcycle accidents are different from car accidents in New York, especially when it comes to insurance and injury claims. The key differences are:

1. No-Fault Insurance Does Not Cover Motorcyclists: Unlike car accidents, New York’s no-fault insurance system does not apply to motorcyclists. If you’re injured in a motorcycle accident, you cannot rely on Personal Injury Protection (PIP) to cover your medical bills or lost wages. Instead, you will have to use your health insurance while you seek compensation from the at-fault driver.  An experienced motorcycle attorney will assist you through these complex insurance issues.
2. Filing a Lawsuit is Easier: Since motorcyclists are not covered under no-fault laws, you do not have to meet a “serious injury” threshold to sue an at-fault driver. You can file a personal injury lawsuit directly against the responsible party for any injury you suffer, regardless of the severity.
3. Higher Risk of Severe Injuries: Motorcyclists are more vulnerable to serious injuries, which can lead to higher medical costs and more significant legal claims.

Our attorneys will handle all aspects of your case so that you may focus on your recovery.  Because of the severity of injuries in many motorcycle accidents, physical, emotional and psychological recovery can be difficult for you and your family.  We will ensure that you do not have the additional burden of dealing with insurance companies while focusing on your recovery.

Our attorneys will assist by:

• Investigating the Accident: Although the first responders will collect evidence and complete a police accident report, we will conduct any additional investigating that may be necessary. This may include speaking with witnesses, hiring accident reconstruction experts, and securing any surveillance video.  We will collect the evidence necessary to establish fault and liability.
• Negotiating with Insurance Companies: We will ensure that your medical bills are paid by the appropriate insurance company, and you receive fair compensation for your injuries and damages.
• Representing You in Court: Advocating on your behalf if the case proceeds to litigation.

It’s important to act promptly so that an investigation of the accident by experienced motorcycle attorneys may be conducted as quickly as possible.  Also, there are statutes of limitations that restrict the time frame for filing personal injury claims. When a road design or road defect causes a motorcycle accident, the statute of limitations against a municipality is very short. It is critical to call an experienced motorcycle accident attorney to preserve the evidence and your rights.

Motorcycle accidents can have life-altering consequences. Understanding the common causes, knowing the steps to take post-accident, securing adequate insurance, and seeking legal representation are pivotal in protecting your rights and securing the compensation you deserve. Stay informed, ride safely, and ensure you are adequately prepared for any unforeseen events on the road.