MOTORCYCLE ACCIDENTS
Our New York motorcycle accident lawyers are committed to helping victims overcome the hardships caused by a motorcycle accident. Victims of motorcycle accidents often suffer serious injuries, such as broken bones, scarring, head trauma and amputations; in some cases, these injuries can prove fatal. In addition to the physical hardships accident victims may suffer, they may also face dire financial hardships. A severe injury can force the injured biker out of the workforce for an extended period of time, causing him or her to lose essential wages. Additionally, injuries suffered in a motorcycle accident can force the victim to undergo numerous medical procedures – the cost of which may exceed their insurance coverage.
Fortunately, victims whose accidents were caused by another's negligence may have grounds to file a personal injury lawsuit. At Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP, our motorcycle accident lawyers pursue maximum compensation for all of our clients to help ease the financial burdens they may face.
New York’s Motorcycle Accident Laws
Motorcycle drivers are required by New York State law to purchase insurance in case of an accident resulting in an injury. Riders are required to purchase an insurance plan that covers up to $25,000 per person injured in any 1 accident, $50,000 in case of the death of 1 person in an accident and $100,000 for the deaths of 2 or more individuals in an accident. Additionally, motorcyclists may purchase a supplemental UM/UIM insurance plan. The UM/UIM plan provides up to $250,000 per person injured in any 1 accident and $500,000 for 2 or more persons injured. As a result, individuals who have suffered an injury in a motorcycle accident may be eligible to collect compensation from their insurance plan.
Motorcyclists should be aware that New York's no-fault statute does not apply, as motorcycles are exempt from the definition of a motor vehicle under the no-fault law. As a result, bikers who have been in an accident are not entitled to the medical and lost wage benefits that motor vehicle accident victims can collect. Due to the exemption from the no-fault law, however, injured motorcyclists are not subject to the "serious injury" threshold the statute entails. Exemption from the no-fault law allows injured motorcyclists to bring a lawsuit against the negligent party for injuries that would not normally cross the serious injury threshold. Our New York motorcycle accident lawyers can help determine if you have a claim.
What Steps Should Injured Motorcyclists Take After An Accident?
Following an accident, injured motorcyclists should take the following steps:
- Alert the appropriate authorities that there has been an accident
- See a doctor, even in instances when the injuries seem minor
- Inform the insurance company of the accident
- Contact an experienced auto accident attorney who can defend your rights if need be
Do Motorcycle Accident Lawsuits Differ From Car Accident Cases?
Yes. Motorcycle accidents differ somewhat from other vehicular accidents in New York State because they are not governed by New York's no-fault laws. The no-fault system permits a vehicle operator to recover medical and lost wage benefits regardless of which vehicle was at fault for an accident. Since motorcyclists do not have the benefit of no-fault coverage, it will be essential to prove fault or negligence against the operator of another vehicle or other entity in order for the motorcyclist or his family to recover compensation for injury and property damage. As such, it is essential that a victim's litigation specialist has the necessary experience – both inside and outside of the courtroom – to litigate such a claim. Fortunately, motorcyclists are permitted to maintain what is known as uninsured/underinsured (um/sum) insurance benefits. In the event you are involved in an accident with an uninsured vehicle, or a vehicle that has insufficient coverage to pay your claim, um/sum insurance allows you to file a claim against your own insurance company if you yourself have paid for and procured sufficient um/sum coverage. The um/sum coverage that you insure yourself with can only be as high as the liability insurance coverage you procure. The issues of adequate insurance coverage are often paramount in motorcycle accidents because the damages suffered often involve catastrophic injuries or death. All of these insurance coverage issues can be discussed as part of your free consultation with our New York motorcycle accident lawyers.
Does A Motorcyclist Have Grounds For A Lawsuit After Being Injured While Lane Splitting?
While lane splitting is illegal in New York, it does not prohibit a motorcyclist from receiving compensation in a lawsuit. If the accident and the subsequent injuries sustained were caused by another motorist's negligence, the injured motorcyclist may be entitled to compensation. For a motorcyclist to have a valid lawsuit after being involved in an accident that occurred while they were lane splitting, they must show they were riding carefully and that their weaving through traffic was not the cause of the accident. Motorcyclists who were injured while lane splitting may have grounds for a lawsuit if the accident was caused by any of the following:
- Roadway defects
- Another driver was under the influence
- A motorist failed to signal while changing lanes
Our New York Motorcycle Accident Lawyers Understand How To Succeed At Trial
Accidents involving motorcycles often present a unique set of challenges because many people have a bias against motorcyclists. Our experience selecting juries in such cases has led to the awareness that the jury pool will invariably have some candidates who cannot get past the stereotype of the careless motorcyclist swerving in and out of traffic. Of course, this is counter to the real-life reality that most motorcyclists are careful and responsible vehicle operators who are even more conscious of how vulnerable they are to serious injury or death. As a result, it is imperative to weed out biased persons who will not be capable of giving motorcyclists and their families a fair trial. Of course, not all cases go to trial, but it is the experience, preparation, skill and reputation of an attorney in litigating a motorcycle accident case from beginning to end that often leads to the best possible settlement.
Our New York motorcycle accident lawyers are cutting-edge litigators with extensive knowledge in handling the many and varied type of accidents that typically victimize motorcyclists, including:
Accidents caused by another driver’s inattention: these commonly include instances where other vehicles are guilty of unsafe lane changes, improper turns, unsafe passing and failure to properly yield the right of way.
Accidents involving vehicles that are not involved in the ultimate contact: in many cases, the responsible motorcyclist may be seeking to avoid contact with the careless driver and suffer a devastating contact with another vehicle or object as a result.
Accidents caused by environmental factors: some accidents may be caused in whole or in part due to a slippery roadway, a defective roadway, debris in the roadway or because of an animal that may pass onto the roadway.
Being familiar with the unique sets of facts that often accompany motorcycle accidents is an important tool for a motorcycle accident attorney. However, as previously discussed, such accidents frequently involve the most devastating types of injuries, such as brain injuries, paralysis and death. For this reason, a victim will benefit from a lawyer with experience in litigating all types of catastrophic injury cases. Litigating claims for pain and suffering, wrongful death, lost earnings and related benefits, as well as future medical or life care needs, is an art developed through years of litigation and trial experience. It may involve consulting and hiring a variety of help, including a vast array of medical professionals, economists, life care plan professionals and other specialists.
Contact An Experienced New York Motorcycle Accident Lawyer
In order to maximize compensation, accident victims should hire an experienced New York motorcycle accident lawyer. A skilled attorney will pursue compensation for any damages the victim may have incurred. Typically, victims may be compensated for any lost wages suffered due to the injury, medical bills their insurance fails to cover and pain and suffering. Furthermore, when the motorcyclist's injuries prove to be fatal, their family may be able to file a wrongful death lawsuit against the negligent party. In a wrongful death lawsuit, the victim's family may be able to recover compensation for lost wage and loss of consortium. Our motorcycle accident attorneys have been defending the rights of accident victims for over 60 years. We understand how to prove negligence and have secured our clients numerous multi-million dollar verdicts and settlements.*
Our Attorneys Have Recouped Millions Of Dollars For Individuals Injured While Riding A Motorcycle In New York
Our New York motorcycle accident lawyers are recognized as leaders in New York personal injury trial law. 6 of our attorneys have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. 5 of our attorneys have been included in Super Lawyers® in the New York Metropolitan Area as published in the Magazine Section of the New York Times. Our firm is listed among the Best Lawyers® in the State of New York and is listed among the Best Law Firms in the New York Metro area by US News & World Report.
How Do I Schedule A Consultation With Your New York Motorcycle Accident Lawyers?
If you or someone you love has suffered an injury due to a motorcycle accident, you may be entitled to compensation. For a free consultation with our New York motorcycle accident lawyers, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, and Chinese.