Harlem, NY Motorcycle Accident Lawyers

Nothing quite beats the feeling of hitting the wide-open road on a motorcycle, but every rider understands the risks involved. It doesn’t matter how safe a driver you are; a bike is inherently more dangerous than an enclosed motor vehicle. The number of motorcycles involved in crashes in New York has been on the rise, increasing from 3,708 to 4,024 between 2018 and 2022. Nearly 30% of all accidents involved riders aged 21-29 in both 2018 and 2022.

You also have no control over other drivers’ actions. To add to the danger involved, drivers often don’t see motorcycles, increasing the likelihood of an accident even when neither driver acts recklessly. Another challenge you — and all other riders — face is that insurance companies and the courts are often biased against motorcyclists, assuming an accident is always the rider’s fault. If you’ve sustained injuries in a motorcycle accident, Cellino Law’s motorcycle accident lawyers can help you understand your rights and available options.

Harlem, NY Motorcycle Accident Lawyers

Why Do You Need a Harlem, NY, Motorcycle Accident Lawyer?

As unfair as it may seem, the cards are usually stacked against motorcyclists seeking compensation for their injuries after a crash. New York State is a no-fault auto insurance state. Insurance companies are required to provide personal injury protection, and motorists must carry this coverage for the vehicles they operate. When motorists have car accidents that result in injuries, they know that their own insurance coverage will pay a minimum of $50,000 per person for economic losses, including medical bills and income, regardless of fault or negligence.

However, the state’s law excludes motorcycle riders, whether operator or passenger. If you’ve had an accident while on a motorcycle, you must prove the other driver’s negligence and pursue compensation through their insurance company or a lawsuit. Though New York is a pure comparative negligence state, you may end up footing the bill for most, if not all, of your economic losses if you can’t provide sufficient evidence to prove the other driver’s negligence.

Proving Fault

The burden of establishing fault always lies with the person making the claim. However, the tendency to automatically blame the motorcycle operator for an accident makes your job even harder. Proving fault requires you to provide proof of the following:

  • Duty of care: This first level of proof is the easiest, as any motorist owes other road users responsible behavior and a recognition that they must take care in ensuring others’ safety.
  • Failure of duty: The next level is often the most challenging for motorcyclists. You must demonstrate that the other driver acted negligently and did not uphold their responsibilities to your safety.
  • Causation: The third element of establishing negligence is demonstrating that the motorist’s breach of duty directly caused your injuries, which is one of the reasons we stress that anyone involved in a car accident should receive a medical exam right away.
  • Damages: The fourth and last element of proving fault is establishing the damages you incurred as a result of your injuries.

Cellino Law motorcycle accident attorneys have years of experience helping clients file insurance and legal claims to obtain just compensation for their injuries.

Understanding the Law

Though proving fault is often challenging for motorcyclists, New York’s law for determining compensation allows all traffic accident victims to receive some compensation, even if they were mostly at fault. The state follows the pure comparative negligence doctrine. If you can prove that the other driver was at least partially responsible for the accident that caused your injuries, you have a right to receive compensation from their insurance company.

The amount you will receive depends on the damages you sustained and the other driver’s percentage of fault. If the motorist is 40% liable, their insurer pays 40% of your qualified damages up to the insured’s policy limits. The state’s law sets a $25,000 minimum liability coverage limit per accident for a single injured individual and $50,000 when more than one person sustains injuries.

Pursuing a Claim

Insurance companies are not known for their dedication to their policyholders. They don’t want to pay claimants if they can avoid doing so. To minimize their outgoing costs, they seek ways to blame the claimant. As a motorcyclist, you may find that the motorist’s insurance company wants to immediately deny your claim because you were on a motorcycle.

Cellino Law’s attorneys understand the law and the insurance companies. The insurance companies’ tactics don’t work on our lawyers. They also know the evidence to look for to establish fault and can help you gather what you need to prove negligence and determine fair compensation.

Often, motorcycle accidents lead to extensive injuries, exceeding policy parameters and limits. You don’t need to settle for less just because the driver’s insurance coverage is insufficient. Our motorcycle accident lawyers can help you file a legal claim for pursuing compensation when your losses exceed policy limits. Additionally, serious injuries may result in non-economic damages, such as pain and suffering, that you can only possibly recover through a personal injury lawsuit.

What Does a Harlem, NY, Motorcycle Accident Lawyer Do?

A Cellino Law personal injury lawyer specializing in motorcycle accidents will inform you of your rights and can assess your case to determine your options for pursuing compensation. If you retain our services, your team will:

  • Handle communications
  • Gather evidence
  • Determine damages
  • Calculate past and potential future expenses
  • Complete and file the paperwork
  • Negotiate a settlement

Whether you file an insurance claim or a lawsuit, your lawyer will do the heavy lifting, building a strong case that gives you the best chance at a positive outcome. Your focus should be on recovery, not dealing with the stresses of filing claims and dealing with insurance companies or defense attorneys.

How Do You Get Started With a Cellino Law Harlem, NY, Motorcycle Accident Lawyer?

Getting started with Cellino Law is easy. You are our priority, and we want to ensure you make the right decision for you. We offer a free case review to give you a clear idea of your options. Contact us at our Manhattan office or fill out our online form and someone will get back to you quickly.

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Testimonials

  • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

    Carol

  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.

    Denise

  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.

    Walter

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!

    Liane

  • Now that reality has set in, I want to thank you for all your work and assistance in obtaining my settlement for the pelvic mesh. This money will make my life so much easier in the future. Medicare just isn't sufficient. I know that I will have enough to live on. I truly appreciate of your efforts. Thank you!

    Loraine