Upstate New York Motorcycle Accident Attorneys
The precarious nature of motorcycles means that any injuries sustained
in a motorcycle accident can be life threatening and may cause the victim
to undergo several life altering changes. Victims of motorcycle accidents
can sustain serious injuries such as scarring head trauma, broken bones,
amputations and if the injuries prove to be fatal, even death. In addition
to the physical pain and suffering that victims underdo, there are several
financial hardships also associated with the accident. The victim may
be forced out of the workforce on account of his or her injuries and thus
must forgo current and future wages. Additionally, the high cost of medical
treatments also impacts the victim significantly.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool understand the
hardships associated with such an accident and are thus committed to ensure
that our clients receive the maximum possible compensation.
Steps To Take Following An Accident:
- Alert the appropriate authorizes regarding the occurrence of the accident
- Visit a doctor, irrespective of the severity of the injures.
- Insure the insurance company about the accident.
- Contact an experience motorcycle accident attorney who can represent you
Pertinent 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 one accident, $50,000 in case of the death of one person in an
accident, and $100,000 for the deaths of two 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 one accident and $500,000 for two 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.
It should be stressed that motorcyclists are exempt for the New York State
“No Fault” statute since a motorcycle does not meet the definition
of a motor vehicle according to the statute. Thus, bikers who have been
in an accident are not entitled to the lost wages and medical benefits
that motorists receive. However, exemption from the No-Fault law also
exempts motorists from the “serious injury” threshold of the
statute. Thus, motorcyclists can bring forth suits against the responsible
party for injuries that would not normally cross the “serious injury”
threshold according to the aforementioned statute.
Upstate New York - Split Lane Motorcycle Accident Attorneys
Lane-splitting refers to the practice in which a motorcyclist weaves through
vehicles to avoid remaining stagnant in traffic. This practice significantly
increases the risk to other motorists of an accident occurring.. Lane
splitting can be extremely dangerous for both the motorcyclist and other
vehicles. Thus, individuals who have suffered an injury due to a motorcycle
lane splitting accident can recoup compensation for the damages they sustained
from the individual that caused the accident. Our motorcycle accident
attorneys represent injured motorcyclists as well as other individuals
who suffered injuries due to the negligence of a motorcyclist. Thus, our
firm is very well acquainted with the legislation on the matter and will
do our best to ensure that you receive the maximum possible compensation
that you deserve.
Elements of a Valid Lawsuit
Because lane splitting is illegal in New York, any motorcyclists who may
have indulged in the act may have acted negligently. Consequently, individuals
who have suffered an injury to a motorcyclist lane splitting may have
grounds for a lawsuit. It must be proven, however, that the lane splitting
in question, that is the motorcyclists weaving in and out of traffic,
was what caused the accident in question. Additionally, the individual
must be able to prove that the accident caused him or her economic or
noneconomic damages. In a motorcycle accident lawsuit, individuals can
receive compensation for property damage, lost wages, pain and suffering
as well as medical bills.
Does a Motorcyclist Have Grounds For a Lawsuit If He Suffered An Accident
While Lane Splitting?
Even though lane splitting is illegal in the state of New York, it does
not prevent a motorcyclist from receiving compensation in a lawsuit provided
the accident and the subsequent injuries were a result of another motorist’s
negligence. 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 motorist was under the influence
- A motorist failed to signal whilst changing lanes
Contact Queller, Fisher, Washor, Fuchs & Kool Today
Successfully litigating damages claims for compensation involves retaining
several financial and medical experts in addition to being familiar with
the unique set of facts that accompanies motorcycle accidents. Motorcyclists
are particularly susceptible to environmental factors such as slippery
or defective roadways, debris or animals on the path. Additionally, motorcyclists
are in danger from inattentive or distracted drivers who fail to signal
upon changing lanes, to yield or make improper turns. Additionally, often
times motorcyclists suffer an accident by colliding with a third vehicle
while trying to avoid the initial, reckless driver.
Our attorneys, having tried numerous motorcycle accident cases are familiar
with the challenges and legislation surrounding the matter. Our experience
with jury selection has taught us that there exists a significant amount
of bias against motorcyclists as well as a stereotypical image of them
being reckless and rebellious. On the contrary, our experience has shown
us that motorcyclists are often extremely careful, law abiding citizens.
Thus, this experience in litigation means that we are aware fo the social
biases that exist and need to be weeded out in order to ensure a fair
and free trial.
If you, or a loved one, have suffered a motorcycle related accident do
not hesitate to call our New York law office today at (212)-406-1700 or
contact us online to schedule your free consultation. In order to comply
with the Statute of Limitations, which places a limit on the time duration
during which you can bring forth your claim following an accident, it
imperative that you contact our attorneys today. With our experience,
passion and understanding of this particular genre of vehicular accident
we will work to ensure that you receive the maximum compensation possible.