Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Brooklyn Motorcycle Accident

The nature of motorcycle accidents and the susceptibility of the rider to sustain severe injuries such as broken bones, scarring, head traumas and amputations means that not only does a different set of legislation govern this area of vehicular accidents but that also an experienced attorney, who is well versed with the process, is required in order for the claim to be successful. Following a motorcycle accident in Brooklyn, an injured rider may undergo significant financial hardships by virtue of the medical costs of the procedures and the loss of current and future wages. At Queller, Fisher, Washor, Fuchs & Kool our Brooklyn motorcycle accident lawyers are committed to alleviating this financial burden and seeking out the justice that you or your loved one deserve.

Have you been injured in a motorcycle accident in Brooklyn? Was your accident the result of another driver's negligence? If so, you may have grounds to file a lawsuit. To get a better idea of your legal options, give us a call at 212.406.1700 or contact us online.

Legislation Governing Brooklyn Motorcycle Accidents

According to New York State law, motorcycle drivers are required to purchase insurance in case of an accident resulting in injury. Riders are expected 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 the respective person involved in the accident and $100,000 for the deaths of two or more individuals in an accident. Individuals may also purchase a supplemental UM/UIM insurance plan that provides up to $250,000 per person injured in a car accident and $500,000 for two or more persons injured. Consequently, individuals who may have sustained injuries due to a motorcycling accident are eligible to be compensated by their insurance plans.

Because the New York No-Fault statute does not apply to motorcyclists, they are not entitled to the medical and lost wage benefits that motor vehicle accident victims can collect, irrespective of which party was responsible for the accident. The exemption from the No-Fault statute also means that motorcyclists are not subject to the “serious injury” clause the statute entails. Consequently, injured motorcycles have the ability to bring a lawsuit against the negligent party for injuries sustained that would normally not meet the “serious injury” definition as outlined by the statute.

Steps That Should be Taken By Injured Motorcyclists Following an Accident

Following an accident, injured motorcyclists should take the following steps:

  • Immediately alert the police, or the respective appropriate authorities about the occurrence and the details of the accident.
  • Go to see a doctor for a physical examination, irrespective of the nature of the injuries.
  • Relay the occurrence of the accident and its corollary results to the insurance company.
  • Get in touch with an experienced Brooklyn motorcycle accidents attorney, so that your rights are protected and you may be awarded the compensation you deserve.
Distinctive Differences Between Motorcycle Accidents Litigation and Car Accidents Litigation

Because motorcyclists do not have the benefit of the No-Fault coverage, in such cases it will be essential to prove that the other party was negligent in carrying out its actions, thus providing grounds for a valid lawsuit and compensation for property damage and injuries sustained.

Issues of adequate insurance coverage are a pivotal point in motorcycle accident cases. Unlike other vehicular accidents, motorcyclists are likely to suffer greater damages such as catastrophic injuries or even death. Consequently, motorcyclists are permitted to obtain uninsured/underinsured (um/sum) insurance benefits. In the case that you are in an accident with an uninsured vehicle or one that does not have adequate insurance coverage, you then have the ability to bring a claim against your own insurance company. Insurance coverage issues such as these can be discussed in detail during your first free consultation.

How Can a Brooklyn Motorcycle Accident Attorney at Queller, Fisher, Washor, Fuchs & Kool Help You?

The attorneys at Queller, Fisher, Washor, Fuchs & Kool are excellent litigators who have over fifty years of experience dealing with the many and varied types of motorcycle-related accidents. Due to extensive preparation, knowledge and a well-renowned reputation, our attorneys have a history of sustained success securing our clients favorable verdicts and settlements. In the event that the case is taken to trial, we have a thorough understanding of the process and utilizing aid from jury consultants we attempt to pick the most objective jury so that individuals with preconceived biases about the recklessness of motorcyclists are not allowed to serve.

Motorcyclists are particularly vulnerable to accidents caused by distraction and inattention on behalf of other motorists. These include instances where vehicles are guilty of improper turns, unsafe lane changes and failure to correctly yield the right of way. In other cases, motorcycle accidents might be the result of the actions of other vehicles even though there was no ultimate contact. In such cases, motorcycles, in an attempt to avoid contact with a careless driver, might instead risk colliding with another vehicle or object. Additionally, other environmental factors such as slippery or defective roadways, debris in the road and animals crossing the road may also cause Brooklyn motorcycle accidents. Working with an attorney who is familiar with these types of accidents exponentially increases your chances of success. Additionally, such actions involve devastating physical injuries and so it is advisable to work with an attorney that has experience in litigating all types of personal injury cases. To ensure the efficiency and the accuracy of the process our firm retains a variety of experts, including, but not limited to, medical experts, economists, life care plan experts and other specialists, to work on the case and provide their respective relevant opinions so that your case gains the legitimacy it deserves.

In order to maximize their potential compensation, clients should contact an attorney at Queller, Fisher, Washor, Fuchs & Kool today. Victims may be compensated for any current and potential wages lost due to injury, medical bills and pain and suffering. In the case that the victim’s injuries were fatal, the family may also file a wrongful death lawsuit on the victim’s behalf in order to receive compensation for any damages sustained by the victim and his or her family.

It is imperative that you contact our office immediately to avoid any conflict with the statute of limitations. According to this statute, injured persons only have a certain amount of time during which they can bring forth their lawsuit against the negligent party. After this time has lapsed, victims are forever barred from securing compensation that they rightly deserve. At Queller, Fisher, Washor, Fuchs & Kool we understand the time constraints associated with the statute of limitations and process all our cases in a timely and efficient manner in order to avoid any conflict.

At Queller, Fisher, Washor, Fuchs & Kool we have been successfully defending the rights of accident victims for over fifty years. We understand how to prove negligence and how to secure adequate compensation so that our clients’ suffering is slightly alleviated. If you have suffered an injury in a motorcycle accident, you may have grounds for a lawsuit. To see if you have a valid case, fill out our contact form or call 212.406.1700.

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