Riding a motorcycle in New York is thrilling, offering a chance to see the city and enjoy unique sights only available here. However, it also involves significant risk due to the possibility of serious accidents. The laws and legal processes in New York are designed to protect motorcyclists’ rights and help them secure compensation after an accident.
Here, we’ll cover the essential points about your rights as a motorcyclist, the claims process, and some tips for effectively negotiating with insurers. Our attorneys, are dedicated to our community and here to help every step of the way.
1. New York Motorcycle Accident Law
New York operates under a “no-fault” system for vehicle accidents; however, motorcyclists are excluded from this law. This means that after a motorcycle accident, you won’t automatically have access to personal injury protection (PIP) benefits like a car driver would.
To receive compensation, you’ll need to file a claim against the at-fault driver if you sustained injuries requiring significant medical attention, such as fractures or permanent injuries.
2. Determining Responsibility and Fault in Motorcycle Accidents in New York
IMPORTANT: New York follows the principle of “comparative fault,” allowing motorcyclists to receive compensation even if they bear some responsibility for the accident. The final amount of your compensation will be adjusted according to the percentage of fault.
For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by that percentage. Thoroughly documenting the accident scene and obtaining the police report are essential steps to protecting your rights.
3. Steps to Take After an Accident
Right after the accident, prioritize your safety and well-being. Calling emergency services is essential not only for receiving medical attention but also for documenting the incident. Here are some steps to follow:
- Seek Medical Attention: Even if your injuries seem minor, see a doctor. Internal injuries can appear after the accident.
- Document the Scene: Photograph your motorcycle’s damage, the surroundings, and any traffic signs. This will strengthen your case when filing a claim.
- Gather Witnesses: If there are bystanders, get their statements and contact information. Independent witnesses can be crucial for validating your account.
- Report to Your Insurance: Notify your insurance company, but avoid making statements without a lawyer, as any missteps may be used against you during negotiation.
4. Negotiating with Insurers
Insurers often try to minimize the compensation they pay out. In some cases, the adjuster might offer a low settlement in exchange for waiving your right to sue. Attorneys specializing in motorcycle accidents know these negotiation tactics and can step in to help you secure fair compensation for medical expenses, lost wages, and other damages.
5. When to File a Lawsuit
If the insurer doesn’t offer fair compensation, it may be necessary to file a personal injury lawsuit. In New York, the statute of limitations for motorcycle accidents is three years from the accident date, though starting the legal process as soon as possible helps preserve evidence and maximize your claim’s value.
6. Types of Compensation You Could Receive for Motorcycle Accidents in New York
Compensation in New York for motorcycle accident cases can include:
- Medical Expenses: From the time of the accident to any future necessary treatments.
- Lost Wages: During recovery and if the injury affects your ability to work.
- Pain and Suffering Damages: This includes both physical pain and the emotional impact of the accident.
- Punitive Damages: In cases where the other driver’s actions were extremely negligent.
7. Tips for Preventing Motorcycle Accidents in New York
Safety is a shared responsibility between drivers and motorcyclists. Here are some tips to minimize risks:
- Wear a Helmet and Protective Gear: It’s mandatory and significantly reduces the risk of serious injuries.
- Avoid Blind Spots: Position yourself in other drivers’ lines of sight.
- Keep Your Motorcycle in Good Condition: Checking brakes, lights, and tires reduces the risk of mechanical failures that could cause accidents.
- Follow Traffic Rules: Being cautious is key to avoiding risky situations.
8. How Can a Lawyer Help?
An experienced motorcycle accident lawyer can be the ally you need to face insurers and receive the compensation you deserve. From gathering evidence to representing you in court, a lawyer handles all legal aspects while you focus on recovery.
In our law firm, we understand the importance of having reliable legal support, and we’re here to guide you every step of the way.
Conclusion: Trust Our Lawyers Committed to Your Well-Being
If you or a loved one has suffered a motorcycle accident in New York, don’t face the process alone. Let our attorneys fight for your rights and ensure you receive the compensation you need.
Contact us today for a free consultation and get the support you deserve.