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

Upstate New York Motorcycle Accident

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.

Client Reviews
"I would not go anywhere else if I had a personal injury case in New York again." Oscar G.
"My contact with them was always smooth and trouble-free." Orlando B.