Motorcycles are an efficient way to cut through the gridlock in New York City. However, as a motorcyclist, the lack of protection makes you more vulnerable to suffering significant injuries in even minor accidents. To make matters worse, insurance companies often unfairly blame motorcycle riders for accidents and refuse fair compensation.
If your life has been upended due to motorcycle accident injuries in NYC, you could face an uphill battle to get what you deserve. This is why understanding your legal rights and options is essential when you or a loved one is affected.
Common Causes of Motorcycle Accidents in NYC
NYC motorcyclists are at a higher risk of being involved in deadly accidents than those elsewhere in the state. According to the New York City Motorcycle Safety Study, New York City’s fatal crash rate is almost twice that of New York State motorcyclists.
Common causes of motorcycle accidents in NYC include, but aren’t limited to:
- Distracted Driving. Motorists using phones, eating, or chatting with passengers may fail to notice motorcyclists, leading to collisions.
- Unsafe Lane Changes. Drivers neglecting to check blind spots or failing to signal can sideswipe or cut off motorcyclists.
- Failure to Yield. Motorists ignoring traffic signals and stop signs or failing to yield at intersections can cause severe accidents.
- Speeding. Exceeding speed limits or driving too fast for weather and road conditions reduces reaction time and increases the severity of motorcycle crashes.
- DUI. According to the National Highway Traffic Safety Administration (NHTSA), 37 people die in drunk-driving crashes every day. Impaired drivers can pose a significant risk to motorcyclists.
- Poor Road Conditions. Potholes and uneven surfaces can destabilize motorcycles, making them more prone to accidents.
- Dooring Incidents. In NYC, parked car occupants opening doors without checking for approaching motorcycles can cause sudden crashes.
- Defective Motorcycles. Mechanical failures like defective brakes or tires can lead to loss of control and accidents.
This list is not exhaustive, and other factors, such as road construction or even negligent pedestrian behavior, can also contribute to motor vehicle accidents. If someone else is responsible for your crash, a NYC motorcycle accident lawyer can help you recover compensation.
Motorcycle Accident Injuries in NYC and Their Long-Term Impact
Wiping out on a motorcycle can turn your world upside down in seconds. While the road rash heals, more complex injuries can haunt you for years. Even riders who wear helmets can end up with head injuries that impact their memory and cognitive abilities. You might walk away from the crash, but your life is never quite the same after.
Motorcyclists are also prone to suffering spinal injuries in severe accidents, potentially leading to paralysis and forever altering their daily lives. But even minor accidents can cause disruptive injuries. For example, road rash and scarring can be excruciatingly painful and cause permanent disfigurement.
The impact doesn’t stop with physical injuries. For many motorcycle riders, the emotional toll of a severe accident can be just as damaging. Psychological injuries like PTSD, anxiety, or depression may leave lasting marks on your life and require ongoing counseling and support.
Compensation in NYC Motorcycle Accident Claims
If you’ve been injured in a motorcycle accident in NYC, you could file a personal injury lawsuit and recover significant compensation. Medical and other expenses can pile up fast, and if another is responsible, you deserve fair compensation to rebuild your life. While compensation differs from case to case, you could receive:
- Medical Expenses. Compensation should cover all accident-related expenses, including emergency treatments, surgeries, hospital stays, medications, and ongoing care. You could also recover future medical costs.
- Lost Wages. In NYC motorcycle accident claims, you could qualify for any income lost due to time off work. If your injuries prevent you from returning to your job or advancing your career, you could also receive compensation for reduced future earning potential.
- Pain and Suffering. If you suffer significant physical injuries, you could be entitled to payments for physical pain and emotional distress.
- Motorcycle Repair or Replacement. You could also recover compensation for property damage, such as the cost of motorcycle repair or replacement.
Even if another is to blame for a crash, getting what you deserve after a motorcycle accident in NYC can be an uphill struggle. Consider seeking legal advice from a NYC motorcycle accident lawyer who can help you receive the support and compensation you need to move forward.
New York Motorcycle Accident Laws
New York’s no-fault insurance system doesn’t apply to motorcyclists, meaning riders are not entitled to no-fault benefits and must pursue compensation directly from the at-fault party. Since prevailing in a lawsuit requires a strong case to prove liability, hiring a motorcycle accident lawyer in NYC can be vital, especially if you suffered significant or life-changing injuries.
New York follows a pure comparative negligence rule, meaning you can still recover damages even if you have some fault in the crash. However, your payout may be reduced by your percentage of fault. For instance, if you’re 20% at fault for the accident, you could only recover 80% of your damages.
Acting quickly after a motorcycle accident in NYC is essential, as the statute of limitations generally only allows three years to file a claim. You have even less time to file a claim if a government entity is involved in the crash.
What to Do to Protect Your Rights After a Motorcycle Accident
If you’ve been hurt in a motorcycle crash in NYC, there are some key steps you need to take right away. What you do in the hours and days after getting knocked off your bike can make or break your case. Here’s what to do:
- Prioritize Your Health. After a motorcycle crash, always seek medical attention promptly, even if your injuries seem minor and you feel fine. Some injuries have a delayed onset, and getting a medical check-up can be essential to a full recovery. A medical report is also essential for your NYC motorcycle accident claim.
- Document the Scene. Gather evidence at the scene if you can. This includes taking photos of the accident and all involved vehicles. Collect the names and contact details of all involved drivers and witnesses.
- Talk to a NYC motorcycle accident lawyer right away. An attorney will walk you through the confusing paperwork, deal with those frustrating insurance calls for you, and make sure nobody takes advantage of you while you’re recovering.
- Avoid Mistakes with Your NYC Motorcycle Accident Claim. Be cautious when dealing with insurers, and avoid making recorded statements or accepting quick settlements. Always consult an attorney first, as insurers may attempt to shortchange you when making early settlement offers.
Why Hire Berkowitz & Weitz Law, P.C. for Your NYC Motorcycle Accident Claim?
At Berkowitz & Weitz Law, P.C., we combine legal expertise with a personalized and compassionate approach, ensuring you feel supported throughout the entire legal process. With years of experience handling motor vehicle accidents, including motorcycle crashes, our team knows the challenges riders face on the road and in the courtroom. And we have a strong track record of getting results for our clients.
We don’t just see you as another case but as a person going through a tough time. That’s why we’ll put your needs first and won’t charge you unless we win your case. We can fight hard for the compensation you need to rebuild your life after a motorcycle accident. Get started now and contact us for a free consultation.