Did you know that motorcyclists are at a higher risk of fatalities and serious injury when involved in a crash? Unfortunately, it’s true—and if you happen to be a motorcyclist in New York City, then you should be aware of how the state’s laws might specifically affect an accident claim.
The process can be complicated and intimidating, so it’s essential to understand your rights—but it’s easy to get overwhelmed by the legal jargon. In this article, we’ll break down some of the most common misconceptions about motorcycle accident claims in New York City. Then, we’ll give you the information to navigate this tricky terrain quickly and confidently. Let’s get going!
Misconception #1: Motorcycle Accidents Are Always the Rider’s Fault
Regarding motorcycle accidents, one big misconception needs to be debunked right away: motorcyclists are not always at fault: other drivers, not the motorcyclist, cause most motorcycle accidents. In fact, according to statistics from the National Highway Traffic Safety Administration, the % of motorcycle collisions—77%—are caused by cars or trucks. In comparison, only 23% are the result of motorcyclist error.
It’s important to remember that someone riding a motorcycle doesn’t mean they’re automatically legally responsible for any collision. The same laws of negligence and responsibility apply to both parties; if a car driver is responsible for an accident due to their recklessness or neglect, they can be held liable in a court of law. Similarly, if a motorcyclist fails to abide by road safety laws and causes an accident, they can also be held accountable in court.
Misconception #2: You Don’t Need a Lawyer for a Motorcycle Accident Claim
If you get into a motorcycle accident, you’ll likely need the help of a lawyer. Many people think they can work out an agreement with the other party’s insurance provider, but that’s usually untrue. When dealing with insurance companies, you got to have someone experienced behind you—not just for negotiations but also to ensure you get the compensation you deserve.
Working with auto accident attorneys in NYC specializing in motorcycle accident claims can also help protect your rights and ensure that your best interests are represented in court proceedings. In addition, they can provide legal representation and advice to get the best outcome for your case and explain applicable laws and regulations related to motor vehicle accidents in NYC.
Most importantly, experienced motorcycle accident lawyers in NYC know how to effectively navigate the complexities of New York law to ensure your claim is processed as quickly and efficiently as possible. So don’t be fooled by any misconceptions—finding the right lawyer will significantly improve your odds of success with any motorcycle accident claim.
Gathering Evidence After a Motorcycle Accident in NYC
You might not know that gathering evidence is a significant part of any motorcycle accident claim you may file in NYC. The evidence helps to prove the other party’s negligence in causing your accident, so it’s very important.
Witnesses
Gathering witness statements should be a top priority right after the accident. Witnesses may have seen something that you didn’t, and their report can be crucial to understanding what happened during the accident. Ensure to get their names, addresses and contact information to get ahold of them if necessary.
Photographs
Photographs of the scene are also important for an effective claim. In some cases, they can provide more information than words—especially regarding the conditions at the time of the accident or any physical damages. Take pictures from different angles, and don’t forget about close-ups!
Other kinds of evidence you should look out for include:
- Medical records and records from vehicle repairs
- Reports from police and first responders
- Security camera footage
- Weather reports from the day of your accident
All this evidence will help immensely when building a solid case in court or during settlement negotiations. Remember: evidence is key after any motorcycle accident in NYC!
How Much Can I Recover for My Motorcycle Accident Injuries in NYC?
You may wonder: How much can I recover after a motorcycle accident? Once again, it depends. Generally speaking, you can recover damages for the cost of medical bills, lost wages and pain and suffering resulting from the incident. While there is no set number, and each case is unique, your quality of life before and after the accident will significantly determine what you can recover in damages.
It’s important to note that New York follows a “no-fault” policy regarding motor vehicle accidents. Therefore, if you cause an accident, there is no legal liability for your damages beyond your insurance policy. However, if somebody else caused the accident, you can pursue a claim against them to recover compensation for lost wages or pain and suffering. Additionally, suppose you are seriously injured in an accident (i.e., suffer broken bones or other severe physical injuries). In that case, you may also be entitled to seek punitive damages, which could significantly increase your compensation.
Suppose you have been involved in a motorcycle accident in NYC and are considering filing a lawsuit. In that case, it’s important to understand the risks and rewards of pursuing legal action before making any decisions. Consulting with an experienced personal injury lawyer in New York who has experience handling motorcycle accidents in New York City will help you develop a strategy that ensures your rights as a victim are respected during every step of the process.
Conclusion
Being a motorcycle rider in NYC can be liberating. But when an accident happens, the legal highway can be intimidating. You don’t have to navigate it alone. A qualified attorney can help guide you through.
The legal system can be complicated and time consuming. That’s why it’s so important to have someone on your side who can break down the process and answer any questions you have. So, if you or a loved one has been involved in a motorcycle accident in NYC, don’t hesitate to contact a knowledgeable lawyer today. With the proper legal support, you can feel confident knowing you’re getting the compensation you owe. So, take the first step and ride the legal highway to justice.
