“I was in a motorcycle accident, and from my first time meeting Charlie throughout the length of my case, I received nothing less than A+ service from him and his team. They were complete advocates for me, and communication was never an issue. I would not hesitate to recommend their services. 5+ stars!”
Looking for the best motorcycle accident lawyer in NYC? The New York motorcycle accident attorneys at Friedman, Levy, Goldfarb, Green & Bagley understand and appreciate the risks and dangers faced by New York State’s almost 400,000 licensed riders. If your bike is damaged and you suffer injuries because a negligent motorist caused a crash, we can help. Our skilled team will work to recover compensation for your damages and losses so you can get back on your bike as soon as possible. Call today for a free consultation.
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Common Causes of Motorcycle Accidents
According to studies by the National Highway Traffic Safety Administration (NHTSA), nearly 75 percent of all motorcycle accidents and 50 percent of fatal accidents involve two vehicles. The second vehicle is usually a car, and the motorcyclist almost always fares worse.
The rider’s own negligence may cause a percentage of motorcycle accidents, but many car-motorcycle collisions result from a motorist’s failure to see a motorcycle. This happens most frequently when:
- A motorist turns left in front of an oncoming rider.
- A rider is passing a car, and the driver shifts into the rider’s lane.
- The rider is lane-splitting, and a motorist shifts across lanes.
- A driver pulls out of a side street or driveway and into the path of a bike.
If you are injured in a motorcycle crash, you should first understand the liability issues you will encounter when you seek motorcycle accident compensation.
How an Experienced Motorcycle Accident Lawyer Can Help
At Friedman, Levy, Goldfarb, Green & Bagley, our experienced New York motorcycle accident lawyers investigate every aspect of your case. That includes gathering evidence, such as surveillance video, that may have captured the collision, as well as dashcam footage, cellphone records, and traffic data from GPS and navigation services. We also review your medical records and the police report and interview any eyewitnesses.
We may also hire accident reconstructionists to analyze how the crash occurred. Medical experts will provide testimony regarding the severity of your injuries and their long-term impact. An economic expert can testify regarding your financial losses due to your injuries. That may include the inability to work in your former occupation or engage in any meaningful labor.
No fee unless we win. Call today for a free no obligation consultation!
accident lawyers immediately after your crash, we will start the crucial step of gathering the evidence we need to fight for your compensation and to assist you to recover from your injuries. Call us today for a free, no-obligation case review, and find out how much your lawsuit could be worth!
Possible Defendants
We will also identify all possible defendants in your case. For example, a poorly maintained roadway may have contributed to the accident. The governmental entity charged with maintaining the road may bear responsibility. If a defect in the motorcycle played a role in the crash, the manufacturer or a repair facility may also prove liable.
Statute of Limitations
In New York, the statute of limitations for filing a personal injury lawsuit against another person or company is three years from the accident date. If the motorcyclist succumbed to their injuries, their surviving spouse, children, or personal representative of their estate may file a wrongful death lawsuit within two years of the death date.
Even though you are seriously injured, do not wait to contact a motorcycle accident lawyer in New York to ensure that valuable evidence does not disappear.
Why Are Motorcyclists Prone to Severe Injury in Collisions?
When two cars collide, the occupants are shielded from the impact by the body of the vehicle. Seat belts and airbags provide further protection. However, a motorcyclist struck by a car does not have these protections. They are completely vulnerable. Further, many are thrown considerable distances after being hit.
Pedestrians or bicyclists often suffer severe injuries when hit by a car. However, motorcyclists are likely to be traveling at a similar speed–or faster–than the vehicle that hit them. The higher the speed, the greater the impact.
Moreover, motorcyclists generally have less control over their bikes. The brakes are not as strong, and the lack of control may result in a rider sliding along the pavement or crashing into trees, ditches, or other vehicles in the vicinity.
Motorcycle Accident Injuries
Motorcycle accident injuries are often severe. Many of them prove fatal. A motorcyclist injured in a collision with a larger vehicle is lucky to survive. The victim may never fully recover and require lifelong care.
Common motorcycle accident injuries include:
- Bone fractures
- Disfigurement
- Loss of limbs or digits
- Road rash
- Soft tissue injuries
- Spinal cord damage, resulting in paraplegia or quadriplegia
- Traumatic brain injury
Many bone fractures are caused by heavy bikes falling onto riders and passengers. Head injuries occur when a rider is thrown from their motorcycle. Unlike New York State, many states do not require riders to wear helmets. However, proper protective headgear and eyewear can reduce the likelihood of a head injury in a motorcycle accident by 72 percent or more.
Riders and their passengers are prone to sustaining injuries in a motorcycle accident. Both parties can sue the motorist who caused the accident for their respective injuries.
A passenger may also have a valid cause of action against the rider, particularly if they are inexperienced or were operating the bike in an unsafe manner. In many instances, both the rider’s and the negligent motorist’s insurance companies will be parties to motorcycle accident settlement negotiations.
Accident Recovery & Treatment: Compensation
A serious motorcycle accident injury, such as a concussion or complex fractures, may result in weeks or months in the hospital. Multiple surgeries are often necessary. That is usually followed by a long recuperation period requiring physical therapy, pain management, and perhaps psychotherapy to deal with the mental and emotional aftermath of the crash. Occupational therapy can help severely injured patients relearn daily tasks, such as getting dressed and simple meal prep.
The overwhelming majority of motorcycle accident victims are young and male. If they suffer long-term or permanent disability from the accident, they may require a nursing home or other care for decades. Our team will fight so that the settlement covers future anticipated needs and costs.
Motorcycle Accident Verdicts and Settlements
How much is a reasonable settlement for a motorcycle accident? An attorney who understands New York State’s motorcycle accident laws will give you the best estimate for your damages and losses.
The value of your claim for compensation will be determined by:
- The dollar value of damage to your bike.
- Medical expenses needed to help you recover from injuries.
- Costs of therapy and future medical treatment that may be required.
- Your lost wages if you are unable to work.
- The value of your diminished earnings if the motorcycle accident left you with severe or permanent disabilities.
- Damages for your pain and suffering.
Injury severity plays a significant role in motorcycle accident compensation. For example, a motorcyclist paralyzed by the collision will likely receive a larger settlement than a rider who broke their arm.
Negotiating with Insurance Companies
Insurance companies’ first settlement offers are typically far below the costs and expenses incurred by the injured parties. Most insurance companies place a low dollar value on pain and suffering. Further, insurance carriers are often biased against motorcyclists, assuming they are at fault for the accident.
Never agree to an insurance settlement before consulting a personal injury lawyer. A New York motorcycle attorney knows how to negotiate with an insurance company so that you receive fair compensation based on your injuries and prognosis. While most claims are settled, we will take your case to trial if the insurance company fails to agree to a reasonable amount.
Pure Comparative Negligence and Liability
What if you were partly to blame for the motorcycle accident? New York operates under a pure comparative negligence standard regarding liability. As long as you were not 100 percent at fault for the accident, you can still receive damages. Any award is reduced by your percentage of fault as determined by a judge or jury.
For instance, if it is determined that you are 30 percent at fault because of lane-splitting at the time of the accident, a $100,000 award is reduced to $70,000.
New York Motorcycle Laws
While New York is a no-fault state when it comes to auto insurance, it does not pertain to motorcycles. The drivers and occupants of other cars and trucks involved in a crash must turn to their insurance policies to pay for medical expenses and lost wages.
Under New York motorcycle laws, all motorcycles require an annual inspection at a Department of Motor Vehicles station. Registration is not renewable if the bike has not been inspected within the past 12 months or if the registration is suspended or revoked. All motorcycles operating on public roadways must carry liability insurance. It includes motorcyclists in New York and those from out-of-state who operate motorcycles in New York. In addition, New York motorcycle laws require wearing a DOT-approved helmet. So-called “novelty helmets” are illegal to wear on New York roadways.
Go with the Experienced NY Motorcycle Personal Injury Lawyers at Friedman, Levy, Goldfarb, Green & Bagley
Recovering from a motorcycle accident can be a long, hard road. And it is a road you should not travel alone. The New York City motorcycle personal injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley will fight for the maximum damages you deserve for your injuries. We have successfully helped riders in Manhattan, Brooklyn, the Bronx, and throughout New York City and Long Island recognize the low-ball offers and other tactics used by insurance companies to settle cases for less than they are worth.
When you call our motorcycle accident lawyers immediately after your crash, we will take the crucial step of gathering the evidence we need to fight for your compensation and assist you in recovering from your injuries. Call us today for a free, no-obligation case review, and find out how much your lawsuit could be worth!
Additional NY motorcycle accident lawsuit resources:
- Health.ny.gov, Motor Vehicle Traffic Crash Statistics – New York State Residents. Statistics, https://www.health.ny.gov/statistics/prevention/injury_prevention/traffic/county_of_residence.htm
- Livestrong.com, Common Injuries Caused by Motorcycle Accidents. https://www.livestrong.com/article/403426-are-schwinn-bike-helmets-good/
