Riding a motorcycle can be a great deal of fun, and many people join motorcycle clubs to ride in groups. Unfortunately, negligent drivers often fail to look out for motorcycle riders, and dangerous accidents can occur. Riders tend to bear most of the brunt of these accidents, and injuries are frequently severe. An attorney can help you get fair financial compensation from those responsible.
Motorcycle accident injuries are known for being intense, and victims often have serious physical injuries like fractures, skin injuries, and even brain injuries. While dealing with such severe injuries can be difficult, you should try to contact a lawyer as soon as possible to begin legal action for financial compensation. You might have multiple legal options, including insurance claims and personal injury lawsuits, among others. To substantiate your claims, we require evidence. Testimony, photos from the accident, video camera footage, and other evidence may all play a huge role in your case.
Start your claim with a free, private case review from our motorcycle accident attorneys with The Martello Law Firm by calling (914) 685-6950.
Injuries and Damages in Motorcycle Accidents
Motorcycle accidents have a reputation for being dangerous, as many riders are badly hurt. Some of the most common injuries can be pretty severe, painful, and expensive.
Fractures are common in motorcycle accident cases. Riders might break one or multiple bones throughout their body. While we often think of a broken bone as a minor yet painful childhood injury, fractures can be extremely serious. The fracture might be in numerous places, and it could take a long time to heal.
Motorcycle riders may be thrown from their bikes in an accident, and they may skid across the pavement, causing serious road rash injuries. This can be extremely painful and might cover a large area of your body. This may be more than a simple skin injury. Road rash injuries are essentially large open wounds and may be susceptible to scarring or infections.
Since motorcycle riders are not inside an enclosed vehicle, they risk being thrown into other vehicles or onto the road. Even when they wear a helmet, riders can suffer head, neck, and back injuries. These injuries may lead to serious complications, and a lifetime of care is severe cases.
When to File a Civil Case for Motorcycle Accidents in White Plains
The right time to file a lawsuit is not always easy to know. Many people need some time to recover from their injuries before they even think about contacting an attorney. While you should take the time you need, taking too long could cost you more than you realize.
Our motorcycle accident lawyers only have so much time to prepare your case and file it with the courts. According to the statute of limitations under C.V.P. Law § 214, you only have 3 years to file your claims. If we do not file the case within this time frame, you might be time-barred from ever filing the case.
Unfortunately, negligent drivers do not always stop to speak with the police, or they may refuse to provide their name and other relevant information. If we cannot find the other driver, we cannot sue them. However, we may have the statute of limitations tolled, giving us more time to find them.
Tolling may be available for the defendant’s absence from the state, which is important in hit and run cases. Under § 207, the time that the defendant is outside the State of New York may not be counted toward the limitation period. Remember, they must leave the state, not just Queens.
Handling Insurance After a White Plains Motorcycle Accident
When it comes to auto insurance, New York adheres to no-fault rules, requires drivers to file claims with their own personal injury protection (PIP) insurance without having to prove fault. However, no-fault rules do not cover motorcycles, and you might have to file a different kind of claim.
New York’s no-fault auto insurance laws do not apply to motorcycles because they are not considered motor vehicles under I.S.C. Law § 5102(f). Instead, injured motorcycle riders can file third-party claims with the other driver’s liability insurance, but they must be prepared to prove fault.
If your damages exceed the other driver’s insurance policy limits, you may file with your own uninsured or underinsured motorist coverage or file a lawsuit. The silver lining about motorcycles and insurance is that you are not required to prove serious injuries to file a lawsuit, like you would in ordinary car accidents.
Who is Responsible for Motorcycle Accidents?
Contrary to popular belief, motorcycle riders are often not the ones responsible for accidents. This misconception may stem from the stereotype that riders are reckless or dangerous, but this is often untrue. Instead, many accidents happen because of negligent drivers in cars.
Drivers in cars and trucks often do not look out for motorcycle riders. Motorcycles are smaller vehicles and are more easily missed or ignored. However, this is not an excuse, and all drivers should be wary of motorcycles.
Sometimes, accidents occur due to faulty auto parts installed on motorcycles. Anything from defective brakes to more complex pieces of machinery may cause severe collisions. Manufacturers of defective motorcycle parts. This may be important in cases where motorcycle riders replace certain parts or install upgrades to their motorcycle.
Proof of Your Claims in a Motorcycle Accident Case
Before you can get fair compensation, we need to gather proof of your claims.
Accidents are not usually isolated incidents, and there is a good chance that other drivers, passengers, or pedestrians were around to see it. They may have stopped to help or spoken to the police, and we can get their names to try to contact them. They may provide witness testimony to support you in court.
Vehicle accidents, including those with motorcycles, are often photographed. People tend to take pictures to send to insurance companies as proof of their damages, but photos of the accident scene can also be introduced in court as evidence in a lawsuit.
Our White Plains Motorcycle Accident Attorneys Are Here to Help
Start your claim with a free, private case review from our motorcycle accident attorneys with The Martello Law Firm by calling (914) 685-6950.
