Motorcycle crashes are always about serious or fatal injuries. You must see a doctor for your motorcycle accident injuries first. Then, contact our New York motorcycle accident lawyer to schedule a free consultation.
At Davidoff Law Personal Injury Lawyers, we advocate for motorcycle accident victims daily. A motorcycle accident lawsuit or personal injury claim could help you recover compensation for your medical bills and lost wages.
After a motorcycle crash, be sure to see a doctor first. Then, contact our experienced motorcycle accident attorney to schedule a free case consultation in New York City.
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OUR MANHATTAN MOTORCYCLE ACCIDENT LAWYER FILES CLAIMS & LAWSUITS FOR INJURED MOTORCYCLISTS
When you are left seriously injured after a motorcycle accident, you have the right to seek compensation from the person or party who hurt you. Seeking compensation is easier said than done, though.
Insurance companies will interfere to see that you are paid nothing or an amount close to it. Get the Manhattan motorcycle and car accident lawyers at Davidoff Law by your side to take control of your case.
How our Manhattan motorcycle accident lawyers can help you:
- Investigating your accident to determine liability
- Calculating your damages to reach the maximum amount
- Filing and managing your claim
- Negotiating to reach a fair settlement amount
- Litigating in court if a settlement is not reached
- And much more
Lawsuits can be stressful, so much so that your case might feel more frustrating than your accident. Let our team handle all the tough parts of your case so you can focus on resting.
CALL (212) 900-0000 FOR A NO-COST CONSULTATION WITH OUR FIRM.
LEADING CAUSES OF MOTORCYCLE ACCIDENTS
Motorcyclists are not usually the cause of severe motorcycle accidents, even though that might seem impossible.
In actuality, in most motorcycle accidents, negligent drivers who share the road with the injured motorcyclist frequently cause motorcycle accidents. Drivers who do not share the road responsibly with smaller vehicles are in increased danger of getting into a bad wreck.
Drivers can cause motorcycle accidents by:
- Tailgating a motorcyclist, especially when approaching a stop
- Turning left without a green arrow and in front of a motorcyclist
- Merging or changing lanes without checking blind spots
Roadway hazards are also serious problems for motorcycle riders. A pothole that might anger a motorist who drives over it in a passenger vehicle could spell disaster for a motorcyclist who hits it at full speed.
Our law firm knows how to file motorcycle accident claims against any liable party, whether it is another motorist, a local municipality in charge of roadway maintenance, etc.
Safety Comes First When Riding a Motorcycle
- Wear a helmet. Always wear a helmet that meets safety standards. A helmet is the most effective way to prevent head injuries in a crash.
- Check your gear. Wear appropriate riding gear, such as jackets, gloves, and boots, that protect against abrasions and harsh weather. This gear should be made of abrasion-resistant materials and fit properly.
- Follow traffic rules. Obey all traffic laws and signals. Speeding and reckless driving substantially increase the risk of accidents.
- Be visible. Wear bright clothing and use reflective gear to make yourself more visible to other drivers, especially at night. Always ensure your lights are working properly.
- Use defensive driving techniques. Always be aware of your surroundings and anticipate the actions of other drivers. Assume that other motorists might not see you, especially at intersections.
- Maintain your motorcycle. Regularly check your motorcycle's brakes, tires, lights, and fluids. A well-maintained bike is safer and less likely to malfunction.
- Take a motorcycle safety course. Even experienced riders can benefit from courses in advanced riding skills and accident avoidance techniques. These courses can provide valuable tips on handling your motorcycle in emergencies.
Steps You Should Take After a Motorcycle Accident
- Check for injuries. After an accident, immediately check yourself and others for injuries. If anyone is injured, call 911 right away.
- Move to safety. If possible, move yourself and your motorcycle to the side of the road to avoid blocking traffic and to prevent further accidents.
- Exchange information. Exchange contact and insurance information with the other involved parties. Be sure to get vehicle descriptions, license plate numbers, and driver's licenses.
- Document the scene. Take photos of the accident scene, including all vehicles involved, any skid marks, road conditions, and your injuries. This documentation will be vital for insurance claims and potential legal actions.
- Report the accident. Notify the police so they can file a report. A police report can be vital for your insurance claim and serves as an official accident record.
- Seek medical attention. Even if you feel fine, seeing a doctor after an accident is important. Some injuries, like internal bleeding or concussions, might not be immediately apparent.
- Contact an attorney. Consult with an attorney who specializes in motorcycle accidents. They can help you navigate the legal and insurance complexities to ensure you receive fair compensation.
A Personal Injury Lawsuit Versus an Insurance Claim
Filing a personal injury lawsuit involves legally pursuing compensation for injuries and damages from the responsible party, which can often lead to larger settlements than standard insurance claims.
Lawsuits are typically filed when insurance does not fully cover the injured party's losses or the at-fault party's negligence must be addressed in court. This process usually requires legal representation and can take months to years to resolve.
You may be able to recover damages in a lawsuit for future medical treatment costs, loss of enjoyment of life, and pain and suffering, which are typically not covered by insurance claims.
On the other hand, filing an insurance claim generally involves submitting a claim to your own or the at-fault party's insurance company to cover immediate medical expenses and property damage. This process is usually quicker than a lawsuit and involves less legal complexity.
However, insurance companies often seek to minimize payouts, which might only partially compensate you for your total losses. It's important to carefully review any insurance settlement offers with an attorney to ensure your needs are fully met.
Factors Dictating the Value of Your Claim
- Severity of injuries. More severe injuries generally result in higher compensation. Long-term care needs, permanent disability, and extensive medical treatments greatly increase claim value.
- Impact on quality of life. If your injuries affect your ability to enjoy life or perform daily activities, this will likely increase the value of your claim. Chronic pain, loss of mobility, and psychological trauma are considered when evaluating claims.
- Lost wages and earning capacity. If your injuries make you unable to work temporarily or permanently, you can claim lost wages and future earning potential. These economic damages are calculated based on your current and expected future earnings.
- Fault and liability. The clearer it is that the other party was at fault, the stronger your claim. However, if you are found to be partially at fault for the accident, your claim's value could be reduced proportionally.
- Insurance coverage. The at-fault party's insurance policy limits dictate the maximum amount you can recover. If damages exceed the policy limits, collecting additional compensation can be challenging.
COMMON INJURIES SUFFERED IN MOTORCYCLE ACCIDENTS
It is not usual for a motorcycle accident to end with either fatal injuries or only minor injuries. Because motorcyclists do not have any heightened vehicle protection, like a metal frame or airbags, they are vulnerable to catastrophic injuries or even wrongful death.
Our law firm can help motorcyclists who have suffered serious injuries in motorcycle accident cases like:
- Brain injuries
- Spinal cord injuries
- Broken bones
- Road rash
The medical treatments needed to help an injured motorcyclist are typically extensive and expensive. Surgeries, skin grafts, months of rehabilitative therapies, and more are all commonly recommended for severely injured motorcyclists.
It would help if you did not have to pay their costs out of pocket. We are here to help you sue or file against the responsible party so you can get the necessary medical treatments without breaking your finances.
WHAT IF THE DRIVER BLAMES YOU?
Drivers often blame motorcycle riders for crashes because they don't want to admit to causing a terrible wreck.
Do not panic or act rudely toward the driver who hit you or their insurer if you believe they are to blame and not the other way around. Instead, call (212) 900-0000 and tell our Manhattan motorcycle accident attorneys what is happening.
Using our extensive legal backgrounds, we can look for evidence of liability that proves the other driver did hit you. What might prove to be the most valuable evidence could come from your helmet: the footage your helmet cam captured before your wreck, assuming you have a helmet cam.
MOTORCYCLE ACCIDENT STATUTE OF LIMITATIONS
Do you need to file a motorcycle accident claim in New York? Take your time. The state has a three-year statute of limitations that begins on the day of your wreck. If that time limit expires, you cannot pursue damages.
FAQs
What should I do if the insurance company offers a quick settlement?
Be cautious with quick settlement offers from insurance companies, as they may only partially cover your expenses and losses. Please consult a personal injury attorney to review the offer before accepting it to ensure it is fair and comprehensive.
How long do I have to file a claim after a motorcycle accident?
In New York, the statute of limitations for filing a personal injury claim is generally three years from the accident date. However, beginning the process as soon as possible ensures the best outcome.
Can I still file a claim if I was partially at fault for the accident?
You can still file a claim even if you were partially at fault. According to New York's comparative fault rule, the amount of compensation you receive will depend on how much you contributed to the accident.
Contact Our Manhattan Motorcycle Accident Lawyer for a Free Consultation
At Davidoff Law Personal Injury Lawyers, our New York motorcycle accident attorney advocates for injured motorcycle riders. If you have been involved in a New York City motorcycle accident, always see a doctor first. Then, contact us to schedule a free case consultation with a personal injury lawyer.
DIAL (212) 900-0000 TO SPEAK WITH A MEMBER OF OUR TEAM ABOUT YOUR CASE. WE CAN HELP YOU DECIDE IF YOU SHOULD FILE A CLAIM OR PREPARE FOR A LAWSUIT, DEPENDING ON THE EXTENT OF YOUR INJURIES AND THE CIRCUMSTANCES OF YOUR CRASH. INITIAL CONSULTATIONS ARE FREE, SO DON'T HESITATE TO SCHEDULE ONE SOON.
