Bronx Motorcycle Accident Attorney
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Motorcycle accidents are unfortunately common. In December 2021, the New York City Police Department (NYPD) reported 130 motorcycle crashes citywide, of which 15% occurred in the Bronx.
Accidents involving motorcycles can cause serious devastation and may require the assistance of a personal injury attorney.
If you or someone you know has been injured in a motorcycle accident, the nationally recognized Bronx personal injury attorneys at Meirowitz & Wasserberg are ready to help.
Common Causes of Motorcycle Accidents in the Bronx
Most motorcycle crashes are caused by a lack of visibility of the motor vehicle driver and/or the motorcyclist, and accidents causing personal injury often involve another vehicle in addition to the motorcycle rider.
Motorcyclists in New York City are especially at risk. Even though only 2% of all registered vehicles within NYC are motorcycles, motorcycle accidents accounted for 14% of the city’s fatal traffic accidents from 2010-1014.
The demographics of motorcycle accidents within New York City typically skew younger, with 56% of fatal accidents involving riders under the age of 35. Nearly all fatal accidents within New York City involved male motorcycle riders.
From January to November 2021, there were 601 motorcycle accidents recorded in the Bronx, with accident volume picking up significantly in the summer months.
Additional factors that may contribute to a motorcycle accident include:
- Switching lanes
- Pedestrian crossing
- Blind spots
- Driving between lanes of moving traffic
- Driving under the influence
- Not wearing a helmet
What are common injuries from a motorcycle accident in the Bronx?
Compared to regular motor vehicles, motorcyclists are far more exposed in the event of an accident, which can lead to a number of serious injuries.
Common injuries that may result from motorcycle crashes include:
- Broken bones
- Brain injury
- Road rash and burns
- Spinal cord injury
- Lost limbs or amputations
- Head and neck injuries
- Soft tissue injuries
- Chest injuries
- A number of head injuries
Who is liable for a motorcycle accident in New York State?
Since every accident is unique and different, determining liability for motorcycle accidents in New York State involves investigating the accident, all parties involved, traffic conditions, road conditions, and a number of other key factors that may contribute to liability.
In New York State, the person who was driving or operating the other vehicle is generally responsible, along with the owner/s of the vehicle who may be vicariously liable for allowing their vehicle to be driven by the at-fault individual.
Under New York State law, all motorcycle riders and their passengers are required to wear helmets at all times regardless of their experience level or age. Additionally, all helmets worn by motorcyclists must meet the standards outlined in the Federal Motor Vehicle Safety Standards, Section 571.218.
A personal injury lawyer with experience can help determine fault in a motorcycle accident through their investigative contacts, which may include traffic accident experts, accident reconstructions, and conducting thorough reviews of police reports.
Additionally, New York’s contributory negligence laws state that all plaintiffs are allowed to recover damages in the state, but the amount of settlement or award for compensation will be adjusted lower in proportion with the amount that they’re at fault. In other words, if you’re suing after an accident, the damages or compensation you receive may be lowered depending on your contribution to causing the accident.
Suing a Government Entity for Your Motorcycle Accident in New York
If you’re considering suing a government entity for your accident in New York State, there are several deadlines you must know and follow:
- You have 90 days to file a claim against a city within New York and one year to file a lawsuit (N.Y. Gen. Mun. Laws § 50-e.)
- You have 90 days to file a claim against a county within New York and one year to file a lawsuit (N.Y. County Law § 52.)
- You have 90 days to file a claim against the state of New York or 90 days to provide a notice of intent to file a claim if you are unable to arrive at a final claim figure within those 90 days due to medical treatment in progress or some other viable reason (N.Y. Court of Claims Act § 10.)
Do I need to file a motorist accident report after a Bronx motorcycle accident?
There are specific situations that require you to file a motorist accident report within 10 days after a motorcycle accident in the Bronx.
This is a requirement if:
- Someone is injured or killed in the accident
- There is property damage of one individual exceeding $1,000
If one of the above elements is true for your accident, you must file a motorist accident report. Otherwise, you risk a DMV suspension of your driver’s license until your report is received.
This can be done by filling out form MV-104, Report of Motor Vehicle Accident.
Having a copy of your motorist accident report may be helpful when you file an insurance claim or a lawsuit, enabling you to submit your report for evidence and court record.
What to do after a Bronx motorcycle accident
You’ve been involved in a motorcycle accident in the Bronx—what should you do?
Here are the steps you should follow immediately following an accident:
- If you are injured, seek medical attention immediately by dialing 911. If no injuries are immediately apparent, you should still go to see your primary care physician or visit the nearest hospital in the Bronx to ensure your physical health and safety after the accident. Nearby hospitals with emergency rooms include: NYC Health + Hospitals/Jacobi, BronxCare Health System, St. Barnabas Hospital, and Montefiore Medical Center Wakefield Campus.
- Document everything you can, especially any information that may not be easily retrievable later on. You should document evidence and keep copies of photos, medical bills or treatments, damage to vehicles or property, and anything else pertaining to the accident.
- Exchange information with the other party or parties involved in the accident.
- Contact the police immediately, even if nobody was injured. File a police report and obtain a copy of your police report for your records.
- Keep a thorough and detailed record of all accident-related medical bills and documents.
- Report the accident to your insurance provider. Since New York is a no-fault state, an injured person’s first option for compensation is through personal injury protection (PIP) benefits.
- It’s important that you do not admit fault or speak with the defendant’s insurance company about a settlement or any events of the accident.
- Contact a motorcycle accident lawyer to help review your accident and begin the process of obtaining compensation.
What types of compensation can I recover after a motorcycle accident with injuries?
If you’re involved in a Bronx motorcycle accident with injuries, you may be eligible to claim compensation for a number of factors, including:
- Missed workdays – you may be compensated for any missed workdays due to your injuries.
- Medical bills, treatments, and hospital visits – all health care costs and treatments related to your accident are eligible for compensation.
- Loss of earning potential – if you experienced a debilitating injury that caused a loss of future earning potential, you may be compensated for that loss in your claim.
- Pain and suffering – any psychological pain and suffering incurred from the accident may be claimable in damages.
Loss of familial relationship and wrongful death benefits – if a motorcycle accident was fatal, the surviving family and beneficiaries may receive compensation for wrongful death.
Can New York's insurance and "serious injury" laws affect my ability to sue for damages?
Yes, New York’s personal injury protection (PIP) laws may affect your ability to sue for damages based on the circumstances surrounding your accident.
Since New York is a no-fault state, you’re entitled to compensation for lost wages and medical bills as a “baseline” no matter who is at fault for the accident.
To claim damages and compensation that exceed lost wages and medical bills, however, you must have sustained a “serious injury” as defined in New York’s Insurance Law, Article 51, or have sustained an economic loss in excess of $50,000 in combined lost wages and medical bills.
It’s always best to consult a law firm experienced in handling motorcycle accidents in the Bronx such as our attorneys at Meirowitz & Wasserberg. We will be able to review your case in detail and ensure you exhaust all potential avenues of obtaining compensation for damages sustained.
Should I hire a motorcycle accident lawyer?
Yes, you should hire a lawyer in most circumstances involving a personal injury motorcycle accident.
A knowledgeable motorcycle injury lawyer will be able to assist with:
- Evidence collection
- Interviewing witnesses
- Determining fault
- Handling all communications and negotiations
- Providing you expert legal advice
- Maximizing your compensation
- Representing you in court
- Protecting your best interests
This type of thorough investigation and care can make all of the difference in your motorcycle accident case, allowing you to receive the compensation and justice you deserve.
How long do I have to file a lawsuit after a motorcycle accident in the Bronx?
The New York statute of limitations for motor vehicle accidents states that you have up to three years after your accident to file a lawsuit.
In the case of a fatal crash, the representatives of the deceased have two years to file a lawsuit in accordance with New York’s wrongful death statutes.
How can the motorcycle accident attorneys at Meirowitz & Wasserberg help with my claim?
The caring accident attorneys at Meirowitz & Wasserberg investigate each case in thorough detail and can help you navigate through deadlines and communication processes to obtain the compensation you deserve.
Meirowitz & Wasserberg has a long-standing reputation for excellence in the state of New York.
Samuel Meirowitz is ranked as one of the Top 100 Trial Lawyers by The National Trial Lawyers and is known for being an aggressive, skilled trial lawyer who fights for his clients.
Daniel Wasserberg holds a national reputation among the defense bar and plaintiffs as an attorney who consistently delivers fantastic results for his clients due to his drive and determination.
Together, Sam and Dan have been selected for inclusion in the prestigious Super Lawyers Rising Stars directory.
In the end, it’s all about helping people.
This is the motto of Meirowitz & Wasserberg, LLP, one we hold dear and true to our hearts and uphold with every client.
Every single one of our clients receive dedication and personal attention, ensuring no detail is missed. Sam and Dan prefer to represent individuals rather than corporations, prioritizing the underrepresented. Our objective is to help the injured and their families, working hard to get the maximum compensation and justice for each case.
If you’re looking for compassionate, competent lawyers who know how to work with big insurance companies, can protect your legal rights, and will do everything possible to fight for the maximum value of your case, Meirowitz & Wasserberg is the clear choice.
We provide a free case evaluation to all of our clients and also offer contingency-fee arrangements. This means that clients pay nothing for legal services unless the firm successfully recovers compensation for the accident.
We are available around the clock, 24/7. Call Meirowitz & Wasserberg toll-free today at 800-726-6326 or contact us for a free consultation.
332 E. 149th St., Suite 201
Bronx, NY 10451