As freeing as riding a motorcycle can be, there’s significant danger in cruising busy streets. According to studies, motorcyclists are 400% more likely to sustain an injury than people in cars. If you are the victim of a motorcycle accident, there’s a high chance you’ll need monetary assistance to recover. Fortunately, you can pursue legal compensation.
What Kind of Damages Can You Recover After a Motorcycle Accident?
If you sustain injuries in a motorcycle accident, the other driver may have to pay for your medical expenses. In cases where the driver has car insurance, the insurer will foot the bill up to coverage limits.
Medical expenses include the cost of an ambulance, hospital treatment and follow-up visits with the victim’s medical provider. Prescriptions also qualify for coverage, as does physical therapy.
Severe injuries, such as traumatic brain and spinal cord injuries, require long-term care, which can get incredibly expensive. While car insurance typically doesn’t pay for this type of care, you can still get compensation through a lawsuit. Under New York law, you can sue the responsible driver for emotional distress as well as losing your ability to enjoy life.
Additionally, if your injuries prevent you from working during recovery, you can seek compensation for lost wages. Finally, you can sue for damage to your motorcycle and any other property harmed during the accident.
What Causes Motorcycle Accidents?
New York traffic laws use comparative negligence to determine how much each party is responsible for accident costs. Under this concept, courts divide blame depending on the drivers’ actions. For instance, if one car ran a red light and the other obeyed all traffic laws, the driver who ran the red light is 100% responsible for the accident and, therefore, responsible for damages. However, if a vehicle tailgates another, and the car in front brakes suddenly, causing the one in back to slam into its rear bumper, both drivers are partially at fault.
This concept applies to motorcycles as well. All motorcyclists must have proper licensing and follow applicable traffic laws or risk compensation to the other motorist in the event of a collision. Riders should also exercise caution in busy areas and keep in mind that they’re more vulnerable and less visible than other motorists. According to the American National Highway Traffic Safety Administration, the following are common causes of accidents involving motorcycles:
- Traffic threats such as car door opening, lane changing, vehicle overshadowing and sudden stops
- Distracted driving, such as texting
- Poor road conditions or weather
- Inattention on the part of the motorcyclist
- Speeding
Poor intersection and road design can also create dangerous conditions for motorists, though getting compensation for these factors is more challenging. Municipalities are responsible for maintaining roads and addressing reported issues, such as overgrown foliage blocking lines of sight and malfunctioning traffic lights. Government agencies have some insulation from civil suits to prevent abuse of the court system, so you must prove negligence to a high standard to win a case.
What Should You Do If You’re in a Motorcycle Accident?
If you are in a motorcycle accident, your first concern should be getting to safety. Get out of the road if you’re able, as there’s a risk of getting hit by another vehicle. Though your bike may pose a risk to other drivers, don’t attempt to move it, even if you’re not seriously injured. While trying to clear the area is thoughtful toward other motorists, it puts you in danger. It also disrupts the scene, which police will want to keep intact.
Once you are out of harm’s way, call 911. While waiting for the paramedics, resist the urge to remove any gear. Doing so can irritate any injuries and even undermine stabilization efforts. Helmets, body armor and gloves are relatively close-fitting and may put pressure on wounds, keeping them from bleeding excessively. Removing these barriers before having medical care may allow more bleeding.
With emergency services on the way, you can focus on getting the other driver’s information, which you’ll need for insurance claims. Exchange insurance and contact information with the driver to make this process easier. If the driver flees the scene, try to get as much information as possible about the vehicle. Get the names and contact information of witnesses willing to testify should the matter proceed to criminal court.
If your phone is intact, take photos of the scene, as well as your motorcycle and the other vehicle. You should also take pictures of your injuries as soon as possible. All of these will be vital evidence for insurance claims and lawsuits.
Finally, contact a motorcycle accident lawyer. Since New York is a comparative negligence state, you may have to fight to prove you deserve compensation. Having your own representation can make a massive difference in the outcome.
What Can a Motorcycle Accident Lawyer Do for You?
When recovering from an accident, paperwork is the last thing you want to worry about. Your attorney will handle the details and provide guidance on which documents to gather. Additionally, the firm will handle all communication with the other motorist’s legal representation and insurance company. That way, you can rest and focus on healing.
An experienced attorney also knows what fair compensation looks like. It’s in the other party’s best interest to undervalue damages; your lawyer can push back on those claims and present evidence to support greater compensation. Most cases don’t even make it to court, as it’s cheaper for the other party to settle. A settlement also saves you time, money and stress, making it the ideal outcome.
Perhaps most importantly, a motorcycle accident lawyer can tell you whether you have a case. Attorneys’ knowledge of the law and past court rulings allows them to gauge whether a civil suit will pass muster, ensuring you don’t spend money on litigation destined to fail.
Where Can You Find an Experience Motorcycle Accident Attorney?
The attorneys at Cellino Law can fight for you. We’ve helped clients claim over $2 billion in collective payouts. Find out more by calling 888-888-8888 or scheduling a consultation today.