Due to the nature of motorcycles, an accident can force their owners to
face severe hardships. Victims of motorcycle accidents often face severe
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 serious financial
hardships. A severe injury can force the injured biker out of the workforce
for an extended period of time, causing them 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 accident was caused
by another's negligence may have grounds to file a personal injury
Queller, Fisher, Washor, Fuchs & Kool, our New York City motorcycle accident lawyers are committed to helping
victims overcome their unnecessary hardships. We pursue maximum compensation
for all of our clients to help ease the financial burden they may face.
Our Attorneys Have Recouped Millions of Dollars for Individuals Injured
While Riding a Motorcycle in New York
Our attorneys are recognized as leaders in New York
personal injury trial law. Six of our attorneys have achieved
AV Preeminent status with
Martindale-Hubbell representing the highest ranking for ethical standards and legal ability.
Five 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.
Have you or someone you love suffered a serious injury in a motorcycle
accident? If so, you may have legal recourse. Call (212) 406-1700 or contact
us online to see if you have grounds to file a lawsuit. Queller, Fisher,
Washor, Fuchs & Kool will review your claim to see how our motorcycle
accident attorneys may be able to assist 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.
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"
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.
Motorcycle Accident Lawsuits Differ Somewhat From Car Accident Cases
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 have the necessary
expertise, 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 accident
Injuries in Motorcycle Crashes Tend to be More Severe than Other Types
of Auto Accidents
Motorcyclists are particularly susceptible to injury, but not because of
their own carelessness. Our experience has showed us that our client,
the motorbike operator, was and is often a careful and responsible driver
who is very aware that a motorcycle lacks the basic protections of cars
and trucks, such as seatbelts, airbags, and, perhaps most importantly,
the benefit of being surrounded and protectedby a metal structure weighing
thousands of pounds. Regardless of how careful a motorcyclist may be,
he/she will always bemore susceptible to serious injury. This is due to
the reasons set forth above as well as the fact that the motorcycle is
smaller and thus harder to see, and has significantly less stability than
other vehicles because it is so much lighter and stands on only two wheels.
As a result, motorcycle accidents often result in devastating and catastrophic
injuries and death. Many motorcycle accidents lead to a traumatic brain
injury. This is true despite the fact that New York State maintains helmet
laws which requires approved helmets with reflectors. Riders must also
keep headlights on in the daytime and must wear protective eyewear. Still,
riders are extremely susceptible in that the helmet is the only thing
separating catastrophic contact between the head and the ground or between
the head and some other fixed object. As such, helmets, while essential
for protection, are far less than 100% effective in preventing fatal and
other devastating accidents.
Our Motorcycle Accident Attorneys 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 expertise, preparation, experience and reputation of an
attorney in litigating a motorcycle accident case from beginning to end
that often leads to the best possible settlement.
The New York personal injury attorneys at Queller Fisher are cutting edge
litigators with extensive expertise in handling the many and varied type
of accidents that typically victimize motorcyclists. Motorcyclists are
particularly susceptible to accidents caused by inattention and or distracted
drivers of other vehicles. 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. Motorcycle accidents may
also involve actions of 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. Additionally, motorcyclists
are particularly at risk of suffering accidents caused by what we call
environmental factors. Some accidents may be caused in whole or in part
due to a slippery or defective roadway, due to 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, other severe bodily
injuries, and death. For this reason, a victim will also benefit from
a lawyer with experience and expertise in litigating all types of catastrophic
injury cases. Litigating damages claims for pain and suffering, wrongful
death, lost earnings and related benefits, and/or 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 experts
including but not limited a vast array of medical experts, economists,
life care plan experts, and other experts and specialists.
Contact an Experienced Motorcycle Accident Attorney
In order to maximize their potential compensation, accident victims should
hire an experienced motorcycle accident attorney. A skilled attorney will
pursue compensation for any damages the victim may have suffered. 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, victim's
families may be able to recover compensation for lost wages, pain and
suffering before death, loss of parental guidance, and loss of consortium.
At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have been
defending the rights of accident victims for over 50 years. We understand
how to prove negligence and have secured our clients numerous multi-million
dollar verdicts and settlements.
If you have suffered an injury in a motorcycle accident and believe negligence
may be the cause, call (212) 406-1700 or
contact us online. Our attorneys will give you a free review of your legal options.