If you suffered injuries in a motorcycle crash, the no-fault system does not protect you. However, you may be eligible to file a lawsuit against the negligent party that contributed to the wreck. A New York motorcycle accident lawyer could investigate the details of a collision and explain the legal options that might be available to you. In most cases, the law requires an injured biker to file a lawsuit within three years after a crash, so it is crucial to seek legal advice from a personal injury attorney immediately.
Motorcycling is not just a means of transportation. For many bikers, it is a passion. Unfortunately, riders have little physical protection to shield them in the event of a collision with another vehicle. Often, crashes involving motorcycles cause significant injuries that can alter all aspects of a motorcyclist’s life. The laws governing motor vehicle accident claims in the state differ regarding motorcycles. Reach out today to learn more about the rules and laws that apply to motorcycle accident claims.
Motorcyclists in New York must have liability insurance with minimum coverage limits. This insurance coverage pays for injuries to other parties involved in the motorcycle accident but does not cover a rider’s losses.
Although New York is a no-fault state for car accidents, injured bikers cannot turn to their motorcycle insurance company to pay their medical bills and lost wages. In fact, a standard insurance policy does not cover a rider’s injury-related expenses because riding a motorcycle is considered an inherently dangerous activity.
Initially, an injured biker must use their health insurance for their medical bills. If their employer offers disability insurance, a biker could get partial payment to cover any lost income related to an accident. A local attorney with experience representing motorcyclists could identify sources of compensation and help an injured person apply for benefits to pay for their losses.
Because the no-fault law does not apply to motorcycles, bikers can file a lawsuit against negligent parties seeking damages for their injuries. Unlike car accident victims who must work within the no-fault system, the law does not require motorcyclists to have sustained specific injuries to file a claim.
However, a biker must prove that another party’s negligence contributed to the accident that caused their injury. The term “negligence” refers to a failure to use the degree of caution necessary to avoid harm to others under the circumstances.
In some cases, a responsible driver may have been working when they caused an accident. If so, their employer could be held liable for any damages or losses. Similarly, a local government might have responsibility if poor road conditions or inadequate signage led to an accident. If a mechanical failure contributed to the crash, the manufacturer could also be held liable for any injuries. A local lawyer could help a motorcycle crash victim determine who bears responsibility for a collision and demand appropriate payment for a claimant’s injuries.
Injured bikers who prove another party’s negligence led to their accident are entitled to receive damages. Injured motorcyclists can recover compensation for the following expenses:
If a motorcycle accident case goes to trial, a jury must apportion liability amongst the parties. According to New York law, each responsible party is responsible to pay a portion of the plaintiff’s damages. If an injured biker was found to be negligent, their award for damages may be reduced based on their percentage of fault.
An attorney could combat the stereotype that motorcyclists are risk-takers to ensure they are not found liable for their injuries. A seasoned local attorney could present evidence demonstrating other parties’ fault in the crash to reduce the likelihood that the biker will carry an unfair portion of the blame.
Recovering from injuries sustained in a motorcycle crash can be a long and frustrating process. However, a knowledgeable legal team member can help you pursue damages for your injuries and crash-related losses.
A New York motorcycle accident lawyer is comfortable working with injured people outside of the no-fault system and could work to get a favorable case outcome for you. Reach out to schedule a case review with a hardworking attorney today.
The Lake Law Firm was founded by Edward J. Lake, Esq., a personal injury lawyer for over 25 years. Our dedicated team of attorneys is committed to seeking justice on behalf of those who have suffered injury or death due to the negligence of others. Our experienced attorneys handle many different types of pharmaceutical drugs, medical devices, and other defective products. The lawyers in our firm have helped collect millions of dollars for their clients. The Lake Law Firm will advocate for you and your rights. Please contact us for a free confidential case evaluation at (888) 274-0139 or submit an inquiry on this page.
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