Have you been involved in a motorcycle crash in New York? Motorcyclists are incredibly vulnerable in an accident, even with protective equipment. If your accident was caused by a negligent or careless driver, they should be held accountable for the harm you have suffered.
Goidel & Siegel Injury Lawyers has fought for injured motorcyclists and their families for more than 30 years. Our law office is prepared to fight tirelessly for the full damages you have sustained to preserve your quality of life and financial security.
In New York City, motorcyclists have a fatality rate that is twice the rate of riders in the rest of the state. For every 100,000 motorcyclists in NYC, 89 are killed in an accident. On average, about 166 motorcyclists are killed in New York every year.
Most motorcycle crashes happen in Brooklyn (32%) and Queens (27%) followed by Manhattan (21%). In a single recent month, there were 273 motorcycle accidents across New York City’s five boroughs.
After a traffic accident, you must typically turn to your own insurance policy to recover compensation. New York is a no-fault insurance state which means drivers must maintain coverage for their own damages and injuries instead of paying for liability coverage for damage and injuries to others.
Your policy will pay for your property damage and provides up to $50,000 in coverage for medical expenses and lost wages. It does not matter who was at fault for your accident. However, no-fault insurance coverage comes with limitations. Your policy will only pay 80% of your lost earnings and only up to $2,000 per month. The $50,000 limit applies to combined medical bills and lost earnings.
You can step outside this no-fault system and file an insurance claim or personal injury lawsuit against the at-fault driver if either of the following is true:
A serious injury can include a broken bone, the loss of a fetus, or significant disfigurement. It is also defined as a permanent impairment or loss of function or use of an organ, system, or body part. You may also meet the serious injury threshold with a medically diagnosed injury or impairment that limits your ability to work or perform daily activities for at least 90 days.
Given the severity of most motorcycle accidents, injured motorcyclists frequently meet the serious injury threshold under New York law.
If you are eligible to pursue the at-fault driver for your losses, you can recover damages your insurance policy does not cover. This includes your full lost earnings, disability or reduced earning capacity, full medical expenses and future medical care, and personal losses like pain and suffering, mental anguish, and reduced quality of life.
If you have a case against the at-fault driver, negligence becomes important. You will need to show the other driver was negligent and caused your accident. If you contributed to your accident, it will also be taken into consideration.
It’s common for traffic accidents to involve shared blame. Motorists in cars and trucks are usually at fault for accidents involving motorcycles, often due to distracted driving, speeding, or inattention. However, bikers can also be at fault.
If you share some fault for your accident, you are still entitled to recover compensation under New York’s comparative negligence rule. All parties are assigned a percentage of fault for the accident. The damages you recover will be reduced according to the amount of fault you are assigned, whether it is 0% or up to 99%.
An experienced New York motorcycle lawyer will help you fight back against blame-shifting tactics by the insurance company by building the strongest evidence-based case possible.
Motorcyclists often suffer serious, life-changing, and even fatal injuries in a crash, even at low speeds. Do not let the insurance company treat you unfairly or undervalue your case. Goidel & Siegel Injury Lawyers is committed to giving you the legal representation you deserve to seek the full compensation you need. We can assist you with your no-fault insurance claim to ensure you are treated fairly, explore all legal avenues for recovering compensation, and pursue fair compensation from the negligent driver.
Our New York trial lawyers have decades of experience at the negotiation table and in the courtroom. This courtroom experience means we are taken seriously by insurance companies during negotiations because they know we are not afraid to take a case to court. Contact our law office today to schedule a free consultation with our multilingual New York motorcycle accident lawyers. We can meet with you in our office or anywhere you are comfortable to discuss your case.
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