NYC Motorcycle Accident Attorney
Motorcyclists are twice as likely to be killed in a motor vehicle accident in New York City than they are in the rest of New York State. The majority of these crashes in NYC occur on city streets rather than highways and most of these accidents involve other drivers.
In a collision between a motorcycle and a passenger vehicle, motorcyclists almost always suffer serious injuries. Passenger vehicle drivers are often at fault for these accidents. Other potential defendants could be a roadway maintenance crew or motorcycle part manufacturer. If you or a loved one were seriously injured in a motorcycle accident, we can help. Call (833) 726-6326 today to speak with a knowledgeable NYC motorcycle accident attorney at Meirowitz & Wasserberg, LLP. The consultation is absolutely free.
Compensation for Motorcycle Accident Victims in New York
New York follows a no-fault rule for accidents. This means an injured victim after a crash files an insurance claim against his or her own policy after an accident. If your injuries constitute a “severe injury” in the eyes of the court, you may be able to pursue a liability claim against the at-fault driver. The most common types of injuries that would allow you to do so include:
- Bone fractures
- Any injury resulting in full disability for 90 consecutive days or more
- Permanent limitation in use of a part of the body
- Significant limitation of use of any bodily function or bodily system
- Permanent disfigurement
Most motorcycle accidents result in catastrophic injuries. As a motorcyclist, you likely have grounds for a liability claim and should consult a motorcycle accident lawyer in NYC. Remember that New York also follows a pure comparative negligence rule. Even if it is determined that you share any fault in your accident, you can still recover damages.
Under New York’s comparative negligence law, as long as the plaintiff’s fault percentage is less than the defendant’s, the plaintiff will receive compensation for his or her damages. However, the court will reduce his or her award by his or her fault percentage. For example, in a $100,000 case in which the plaintiff is 20% at fault, the plaintiff would lose 20% of the case award for a net total of $80,000.
- Medical expenses. This does not simply mean your hospital bills after an accident. It includes all out-of-pocket expenses incurred as a result of the accident.
- Lost income. If an accident causes a victim to miss work during recovery, he or she can claim the wages lost during that time as economic damages. The plaintiff will need to provide pay stubs or other documentation so the court can award an appropriate amount.
- Property damage.
Non-economic damages are a bit more difficult to define. They cover damages that are harder to assign a monetary value. These include things like:
- Mental trauma
- Pain and suffering
- Emotional distress
- Permanent disfigurement or disability
- Diminished ability to work.
In some cases, the court will also award punitive damages. These damages are an attempt to dissuade a defendant from repeating his or her negligent behavior in the future. Unlike other damages, punitive damages do not aim to compensate the victim. Punitive damages may apply to:
- Gross negligence
- Intentionally harmful actions
- Dangerously reckless behavior
The amount of punitive damages a court will award typically depends on the defendant’s financial status. A wealthy defendant will stand to lose far more in punitive damages than a defendant with limited financial assets.
What to Do After a Motorcycle Accident in NYC
If you plan to pursue legal action after a motorcycle accident, there are steps you can take to minimize your losses. Keep the following tips in mind after any motorcycle accident in New York City.
Seek Medical Care
Even if you think you only sustained minor injuries in your accident, adrenaline in your system can dull pain. This leads you to believe that your injuries are less severe than they are. It’s not uncommon for a person to walk away from a car accident feeling fine and then be unable to get out of bed the next day.
Seeking medical care immediately following your accident will:
- Prevent injuries from going unnoticed
- Help your chances in a future lawsuit or an insurance claim.
If you did not immediately seek medical attention, a claims adjuster may consider this proof that your injuries were not as bad as you claimed. This can lead to a lower settlement amount or a denied claim. If you go to court, a jury may consider the delay in seeking treatment as proof you’re exaggerating your damages. Seeking immediate care will strengthen your position overall.
Take Photos of the Scene
If possible, try to take photos of the accident scene as soon as it is safe to do so. Take photos of:
- The damage to your vehicle
- Damage to the other vehicles involved in the accident
- Your injuries
- Any debris or skid marks in the road
All of these things will help a claims adjuster or jury form a more accurate picture of how the accident happened.
Common Motorcycle Accident Injuries
A motorcyclist has very little protection in the event of a crash. Drivers and passengers of enclosed vehicles have some shielding from the impact of a crash. Motorcycles do not have these safety features. Safety equipment available to motorcyclists generally only serves to mitigate injuries, not prevent them. Some of the most common types of motorcycle injuries include:
- Contusions or severe bruising
- Broken bones
- Lacerations and deep cuts
- Internal organ injuries
- Traumatic brain injuries
- Spinal cord injuries
- Burn injuries and road rash
Many of these injuries will require long-term medical care like physical therapy, rehabilitation, and occupational therapy. If another person or party caused your motorcycle accident, you can claim these medical expenses as damages in a lawsuit.
Contact an NYC Motorcycle Accident Lawyer If You Were Injured
As a motorcycle accident victim, you likely sustained serious injuries. You may have had to stay in the hospital, undergo tests, and receive surgeries or other types of treatments. Meanwhile, you’re missing work and income. The accident may have totaled your motorcycle or caused thousands of dollars in repairs. Who will pay for these losses? If you weren’t entirely at fault for the incident, there could be one or more parties legally responsible for compensating you. It’s up to you to take the right steps and obtain the money you need to move forward.
Retain our lawyers to help with insurance company settlement negotiations or personal injury claims in NYC. We can make the most out of your claim with high-quality legal representation. Partner with Meirowitz & Wasserberg, LLP to learn as much as possible about your motorcycle accident. To speak with an attorney during a no-cost case evaluation in New York City, call (212) 897-1988 or contact us online.
“I feel so blessed to have had Meirowitz & Wasserberg Law Firm represent my Husband and I in a great time of need in our lives. l highly recommend this firm. Daniel Wasserberg was the most personable, caring lawyer one could ever have. He was always there for our every need with compassion, loyalty and sincerity. He truly cares about his clients. I learned to love this man as a Son.”