Despite the fact that New York Motorcycle Accident Lawyer lacks the warm weather that allows for year-round riding in other states. The state has over 363,000 motorcycles registered and over a quarter-million licensed riders. Last year, there was a 30 percent rise in the number of fatal motorcycle accidents.
In contrast to automobiles and other vehicles; which surround drivers and passengers in a protective steel frame, motorcyclists are dangerously exposed to injury in an accident while riding motorcycles. That lack stability and crashworthiness. According to federal government data; motorcycle riders are more likely to die or injured in an accident. Than drivers and passengers in other types of vehicles.
You may entitled to compensation for bodily pain, emotional suffering, and other damages. If a reckless motorist or other irresponsible individual injures you or kills a family member. With the aid of a New York motorcycle accident lawyer, you have options for pursuing justice and reasonable recompense.
Is It Necessary To Hire A Motorcycle Accident Attorney In New York?
According to the National Highway Traffic Safety Administration, eight out of ten motorcycle accidents result in the rider being seriously injured and being sent to a local hospital. A motorcycle accident is a violent event with significant, long-term repercussions for motorcyclists and their families. But an expert motorcycle accident lawyer can help them get through it with his or her knowledge, abilities, and compassion.
Accidents involving motorcycles might result in legal consequences.
A consultation with a lawyer who specializes in personal injury law and motorcycle accidents; may help you with a number of legal concerns, whether you’re recovering from catastrophic injuries or grieving the death of a loved one.
Being a dependable and committed advocate who defends your rights.
The people who cause motorcycle accidents utilize insurance companies, which employ claims adjusters, detectives, and defense lawyers, with the purpose of preventing you from obtaining the compensation you deserve. When you choose a New York motorcycle accident lawyer, you’re hiring someone who is dedicated to using their knowledge and expertise to aggressively pursue the compensation you deserve for your losses.
It’s critical to understand how regulations designed to safeguard other drivers do not apply to motorcycle riders.
The no-fault law in New York covers medical expenses and lost wages for victims of car accidents, but it excludes motorcycle operators and passengers. Motorcyclists who are not covered by the no-fault Act can hire a lawyer to represent them in pursuing a claim against the driver or other party. Responsible for the accident, whether through a negotiated settlement or by filing a case in court and going to trial.
Negotiating with insurance companies
Some claims adjusters engage in a common practice of contacting accident victims before they have hired or spoken with an attorney. They want a statement that they may use to undermine or dismiss any damage claim you bring against their insured. They may even offer to quickly settle your claim. But keep in mind that insurance companies do not profit from resolving claims, regardless of why they are contacting you.
Your motorcycle accident lawyer can ensure that whatever information you provide to an insurance company is accurate and will not used against you in court. The lawyer assures that any settlement of the claim that you choose to accept is fair by evaluating the value of your claim based on expertise managing similar cases on behalf of other victims.
Gathering and analyzing evidence in order to build a strong argument
Your lawyer’s ability to gather and present evidence in support of your damages claim will decide whether or not your claim is successful. The proof must establish that you were injured and suffered losses as a result of another party’s negligent, careless, or reckless behavior.
Despite the fact that the majority of claims are settled through negotiation. Your lawyer understands that a strong claim backed up by evidence that can utilized in court has the best chance of convincing an insurance company to pay the full amount of the claim. Unless a claim can proven in court, insurance companies have no incentive to negotiate a speedier settlement.
A lawyer protects your legal rights – New York Motorcycle Accident Lawyer
The legal knowledge of a lawyer might be important in defending your right to compensation. The statute of limitations for making a claim for damages caused by a motorcycle accident in New York, for example, is three years. If your lawyer determines that; your collision was caused by a pothole or other roadway condition. The law mandates that you notify the municipal body in charge of the road within 90 days.
Types of Compensation That Might Be Available
The damages you suffered in a motorbike accident in New York influence the amount of compensation you get for your injuries. Any of the three forms of compensation described below may be available to you if you have suffered a loss:
Any out-of-pocket expenditures incurred as a result of a motorcycle accident are covered by special compensation. Doctors’, hospitals’, and other medical services’ fees may included. Prescription medicines, medical equipment, physical therapy and rehabilitation services, diagnostic testing and laboratory services, as well as diagnostic testing and laboratory services, are all covered. Your injuries may have resulted in a loss of income as well as a reduction in future earning potential. Another thing for which you may compensated is the repair or replacement of your motorcycle as a result of the accident’s damage.
General compensation eligibility is more subjective than special compensation eligibility, which may proven by bills, receipts, labor records, and invoices. Pain and suffering are included in general compensation, however proving that they occur might challenging. Your lawyer may provide evidence demonstrating the extent and severity of the physical injuries you received in the accident. The time it needed to recover from them, and the overall disruption the trauma caused in your life.
In New York, punitive damages for injuries incurred in a motorcycle accident are unusual since they are reserved for cases. In which a person engages in outrageous behavior that results in hurt to another.
What Does It Cost To Hire A Motorcycle Accident Lawyer In New York?
The costs of engaging a lawyer to pursue your claim for compensation against the party whose negligence caused your damage are likely to be beyond most people’s means. In New York, the vast majority of personal injury lawyers accept to operate on a contingency fee basis. A legal fee is only paid if the case is successfully settled, either through a settlement or a favorable decision following a trial.
Contingency fees are paid on a case-by-case basis.
Contingency fee agreements are common in personal injury cases. They give someone who injured but does not have the financial resources to hire an attorney a method to do so. In New York, attorneys might get a part of the money you collect in exchange for agreeing to defer payment until you win your damages claim.
A lawyer can charge either 33.3 percent of the total price or a sliding fee schedule. The following is how the legal fee is determined using the sliding scale method:
- 50% of the first $1,000 recovered;
- 40% of the next $2,000;
- 35% of the next $22,000; and
- 25% on any amount in excess of $25,000.
Any contingency fee agreement between the lawyer and the client must be in writing and must include the process for determining the legal fee.
Costs and expenses
The cost of pursuing a claim for damages after a motorcycle accident does not just include legal fees. A lawyer will advance several costs and expenses incurred in the course of pursuing your damages claim, including:
- The cost of bringing a lawsuit to court.
- The cost of a deposition.
- Medical records and police reports are charged at different rates by different providers.
- Copies are costly.
- A sum given to an expert witness is known as an expert witness fee.
The costs and expenses incurred by your lawyer must reimbursed in accordance with the fee agreement’s provisions. There are two possibilities in New York. The first approach subtracts the lawyer’s charges and expenditures from the net recovery to establish the lawyer’s legal costs. If you choose option 1, you will responsible for any charges and expenditures incurred if your claim is refused.
The second option protects you from having to pay any costs and expenses. If you do not settle the claim or win an award after a trial. If damages are awarded, the legal fee is based on the whole amount awarded. But this method eliminates the risk that you would be responsible for the costs and expenses if you lose.
Causes of Motorcycle Accidents in New York
Motorcycle operators or passengers accounted for 14% of all deaths in motor vehicle accidents in New York. According to the most current data available from the state police. The following are some of the most common causes of motorcycle accidents:
According to the National Highway Traffic Safety Administration; speed was a role in 32 percent of fatal motorcycle accidents. Compared to 18 percent in incidents involving only passenger cars. The amount of time a driver or motorbike rider has to make judgments and react to changing situations is limited by their speed.
Failure to grant the right of way is against the law.
Automobiles turning into motorbikes’ paths is a regular incident that can badly hurt or kill the motorcycle’s driver or passenger. Motorists who run a red light or disregard a stop or yield sign, colliding with a motorbike rider at the junction.
Having been harmed by drink or drugs – New York Motorcycle Accident Lawyer
Drugs and alcohol, either alone or in combination, have an influence on judgment, vision, reflexes, attention, and other elements that motorists require to maintain safe control of their vehicles.
Changing lanes and using them in a hazardous manner
When drivers change lanes without first inspecting their blind spots, they may miss a motorcycle and collide with it. By lane splitting, motorcycle riders increase their risk of colliding with another vehicle. Riding a motorcycle between lanes of traffic is not only illegal in New York, but it is also a risky pastime that leads to accidents.
Potholes and other hazards on the route
Loose gravel, sand, uneven pavement, potholes, and other debris and road hazards make it difficult for motorcyclists to retain control of their motorcycles, resulting in accidents. You may be able to make a claim for damages against the state, municipal, or county organization. Responsible for maintaining the road if it is in bad condition and causes an accident.
New York’s Motorcycle Helmet Laws
Under New York law; both the rider and the passenger on a motorcycle must wear a helmet that satisfies federal standards. Operators must also wear eye protection.
Is it true that not wearing a helmet might affect a personal injury claim?
When you submit a claim for damages against someone whose negligence caused you to injured in a motorcycle accident, the other party has the right to reject your claim by producing evidence that your own negligence caused or contributed to the accident or the severity of your injuries.
Your motorcycle accident lawyer may try to prove that not wearing a helmet had no role in the accident or the injuries you suffered. The facts and circumstances of each case will decide this. A judge or jury may not consider your lack of a helmet to be a factor. If your only injury is a broken leg caused by a driver striking your motorcycle while you were stopped at a red light.
How to Hire a New York Motorcycle Accident Lawyer
We understand that working with an attorney may be frightening and difficult, which is why we’re here to assist you. Call us right away if you’ve been in a motorcycle accident in New York and need legal assistance. The following are the steps in our simple, simplified procedure:
- Please use this form to contact us and let us know about your issue (be as detailed as possible)
- Our legal assistance team will evaluate your issue as a whole and suggest you to one of our recognized attorneys who specializes in cases similar to yours.
- A lawyer who is already familiar with your situation will offer you a free consultation to learn more about how they can help you.