Motorcycle accident victims often encounter severe injuries including head trauma, scarring, broken bones, amputations, and sometimes death. Besides the physical hardships that motorcycle accident victims endure, they also face severe financial difficulties. Severe injuries can force the injured person out of work for extended periods leading to loss of essential wages. Injuries also force the victim to undergo several different medical procedures that might cost more than their insurance cover.
Luckily, victims of motorcycle accidents caused by another party’s negligence have the necessary grounds to file a motorcycle accident lawsuit. New York has its fair share of motorcycle attorneys who are committed to helping accident victims overcome unnecessary hardships. One of the best is Parker Waichman LLP.They pursue maximum compensation for all their clients to ease the financial burden that they may face after an accident.
New York Motorcycle Accident Laws
New York State law requires motorcycle drivers to purchase insurance in case of an accident that results in injury. Riders are required to purchase an insurance cover of up to $25,000 per person injured, $50,000 in the case of death, and $100,000 for the deaths of 2 or more people in an accident.
Motorcyclists need to note that the No-Fault statute in New York does not apply in motorcycle accidents since they are exempt from the definition of a motor vehicle under the law. Injured motorcyclists are not subject to the “serious injury” threshold spelled out in the statute.
The exemption of motorcyclists from the No-Fault statute means that injured motorcyclists can bring forth a lawsuit against the negligent party for injuries that usually would not cross the “serious injury” threshold spelled out in the statute.
What Should a Motorcyclist Do In Case of an Accident?
Here are the steps that an injured motorcyclist should take in case of an accident where negligence is suspected:
– Visiting a doctor even when injuries are seemingly minor
– Alerting the relevant authorities about the accident
– Informing the insurance provider about the accident
– Contacting an experienced motorcycle accident attorney to defend your right if need be
New York Motor Cycle Accident Lawsuits Are Somewhat Different From Car Accident Lawsuits
In New York State, motorcycle accidents are somewhat different from other accidents involving vehicles because they are not covered under the no-fault laws. The lack of no-fault coverage means that motorcyclists have to prove negligence or fault against the other entities involved in the accident to recover compensation for property damage and injury.
It is thus important for the lawyer that motorcycle victims contact to have the necessary experience to litigate such a claim. If you contact an experienced motorcycle accident attorney in case of an accident, he or she will discuss with you the best way forward regarding your case as part of your free consultation.
The Severity of Motorcycle Accidents
Motorcyclists are especially susceptible to injuries but not necessarily due to their carelessness. Experience shows that motorcyclists are often responsible and careful drivers that fully understand that motorcycles lack the basic protection offered by other motorized vehicles such as cars and trucks such as airbags, seatbelts, and even the metal structure that weighs thousands of pounds.
Irrespective of how careful a motorcyclist might be he or she will always be more susceptible to serious injuries in the event of an accident. This is because of the reasons provided and the fact that motorcycles are smaller and therefore harder to see, and are significantly less stable than other vehicles since they stand on just two wheels and are much lighter.
Motorcycle accidents thus often result in catastrophic and devastating injuries or even fatalities. Accidents involving motorcycles often lead to traumatic brain injuries. This remains true even though New York law still maintains helmet laws that require the use of approved helmets and reflectors.
Motorcycle riders are still highly susceptible to injuries since the helmet is the only thing that separates catastrophic contact between the head and some fixed object or even the ground. This means that while helmets might be essential for protection, they are less than 100 percent effective in the prevention of devastating or fatal accidents.
How to Succeed at Trial in Motorcycle Accident Cases
Motorcycle accident usually present a unique set of challenges since many people are already biased against motorcycle riders. Experience shows that jury pools will inevitably have candidates that cannot get past the stereotype of careless motorcyclists weaving in and out of traffic. This is obviously contrary to the reality that most motorcyclists are responsible and careful operators that understand their vulnerability to serious injury or even death.
It is thus important to weed out any biased individuals that are incapable of ensuring that motorcyclists and their loved ones get a fair trial. Not all the cases will go to trial, but it is the reputation, experience, preparation, and expertise of a lawyer in litigating motorcycle accident cases from start to finish that often leads to the best settlement possible.
Experienced New York motorcycle accident lawyers are cutting edge litigators that have handled many different cases involving accidents that victimize motorcyclists. Motorcyclists are often susceptible to accidents that are a result of distracted or inattentive drivers. They include instances where other road users are guilty of unsafe passing, improper turns, dangerous lane changes, etc.
Motorcycle accidents sometimes involve the actions of entities not involved in the actual contact. In numerous cases, responsible motorists might be trying to avoid contact with other careless road users and suffer devastating contact with another object or vehicle as a result. Motorcyclists are also at risk of suffering accidents caused by road conditions such as debris on the highway, defective or slippery roadway, or an animal passing onto the road.
Familiarity with the unique circumstances surrounding motorcycle accidents is an important tool for motorcycle accident lawyers. However, the accidents frequently involve serious injuries or even death. It is due to this reason that a victim will benefit from a lawyer with expertise and experience litigating different types of devastating injury cases.
Litigation of damage claims for suffering and pain, lost earnings and related benefits, wrongful death, and future life care or medical needs can only be developed through years of trial and litigation experience. It might involve hiring and consulting various experts including life care plan experts, medical experts, and other specialists and experts.
Contacting Experienced New York Motorcycle Lawyers
To maximize potential compensation, it is important for motorcycle accident victims to hire experienced lawyers. Skilled lawyers will pursue compensation for damages the victims may suffer. Victims are typically compensated for lost wages because of the injury, medical bills not covered by insurance, pain, and suffering.
If a motorcyclist’s injuries are fatal, the family can file a wrongful death lawsuit against the negligent party. In such a lawsuit, the family of the victim can recover compensation for pain and suffering before death, lost wages, loss of consortium, and loss of parental guidance.
Motorcycle accidents can be devastating but even more so in New York since the no-fault clause does not apply to motorcyclists. Luckily, it is possible to file a motorcycle accident lawsuit seeking damages for losses incurred. To help steer you in the right direction and ensure that your rights are protected, it is important to hire an experienced motorcycle accident lawyer.
Experienced motorcycle lawyers know how to prove negligence and can help secure their client’s respectable settlements and verdicts. If you have suffered an injury in a motorcycle accident and you believe that negligence could be involved, it is time to contact an experienced lawyer who will give you a free review of all the legal options available to you.