Motorcycle accidents can result in some of the most serious and catastrophic injuries such as spinal injuries, brain injuries, loss of a limb, and sometimes partial or complete paralysis. Motorcycle accidents often prove fatal to the motorcyclist or the pillion rider. New York motorcycle accident attorneys, Frekhtman & Associates represent victims of motorcycle accidents within New York City, Bronx, Brooklyn, Manhattan, and Queens.
As per the U.S. National Highway Traffic Safety Administration (NHTSA), in the year 2006, Compared to car, motorcycles are not equipped with safety devices to help prevent serious injury to occupants. Motorcycles lack of safety includes:
If you or a loved one was involved in a motorcycle accident in New York, contact the experienced accident lawyers at Frekhtman & Associates for a free consultation. We also litigate personal injury matters on contingency meaning our legal fee is a percentage of the amount we win for you and you never pay anything unless we win money for you first.
In New York, the no fault law does not apply to motorcycles. This means that a motorbike accident victim must pay out of pocket or use their medical insurance to pay for medical care. No Fault or Personal Injury Protection (PIP) benefits do not apply to motorcycle accidents as they do with people injured in automobile accidents. However, any out of pocket expenses incurred in paying for medical care, prescriptions, and other damages can be claimed as an expense and recovered in litigation.
Motorcycle accident studies have found that in a majority of motorcycle accidents, the motorcyclist was not at fault in the auto-collision that caused the injuries. The personal injury attorneys at Frekhtman & Associates provide you with accident reconstruction analysis to understand how your accident happened in order to prove your case in court.
Negligence is the failure of a vehicle operator to exercise due care which resulted in an accident, injury or death, when dealing with motorbike accidents. It is a very hard allegation to prove, but experienced lawyers that are skillful and smart should have no problems showing negligence by interviewing witnesses, correct documentation and compiling a case that will meet the correct standards for negligence. Also, if the accident happened due to a defect on the actual motorcycle, you may also be entitled to receive punitive damages from the supplier and/or manufacturer.
Since most motorcycle accidents are very complex and more difficult to handle, it is imperative that you act quickly and find a lawyer to address any questions and/or issues that probably will arise so that you may get all the help that you are deserved.
Motorcycle accidents are a serious problem on the roads. The CDC reports that between 1999 and 2008, motorcyclist deaths more than doubled, even as there were declines in other kinds of vehicular collision fatalities.
In addition to examining the safety and driving behaviors of motorcyclists, and whether or not they shared the fault for a crash, it’s important to consider motorcycle passengers as well. Motorcycle passengers are also vulnerable and exposed to collisions on the road; furthermore, they have little to no control over the behavior of the motorcycle driver (let alone any other drivers on the road).
The vulnerability of motorcycle passengers was highlighted in two recent accidents where passengers sustained fatal injuries. In one accident on the New York State Thruway, a motorcycle operator lost control of his vehicle, resulting in critical injuries for him and death for his passenger.
In the second accident, which took place in the Grand Central Parkway in Queens, a motorcycle operator again lost control of his vehicle, putting him in the hospital with stable injuries and resulting in fatal injuries for his passenger.
Motorcycle passengers can require legal representation after an accident as well. One of the main issues they may face is which insurance companies to file claims with. For example, they might turn to the motorcycle driver’s insurance company along with the insurance company for the drivers of other vehicles involved in the crash. A lawyer can help with sorting out insurance issues, processing complicated claims, and fighting for sufficient coverage.
Motorcycle passengers may also need representation in a personal injury lawsuit, or their loved ones may seek to file a wrongful death suit if they don’t survive. Having an experienced legal advocate on your side increases the chances that you will obtain the compensation you need to cope and heal after an accident.
Because motorcycles leave their rider exposed to the elements, the resulting injuries following a motorcycle accident are much more severe compared to other types of auto accidents. Motorcycle operators are susceptible to enhanced risks including:
Motorcycle accidents are different from car accidents in terms of auto insurance. The New York State No Fault or Personal Injury Protection (PIP) laws do not apply to motorcycle operators. This means that a motorcycle operator injured in an accident cannot have their medical bills and lost wages paid by the auto insurance for the motorcycle by law up to $50,000 as with cars.
However, the benefit is that a motorcycle operator is not limited by having to prove a serious injury in order to recover compensation in a lawsuit. This means a motorcycle operator does not have to prove serious injury or overcome any threshold of Insurance Law 5102(d) and therefore can sue for minor injuries, property damages, damage to personal items, medical bills, and any other damages arising out of the motorcycle accident.
Immediately following your accident, it’s likely that a lot of confusion will be going on. You will first need to assess your damages and make sure you are in a safe location to handle the aftermath of the accident. Avoid staying in traffic and, if possible, move your bike to the side of the road.
However, there are times when you will simply need to get away from the scene. For example, if a structure is on fire, or if you are near a dangerous drop-off, you will need to move to safety quickly. Calling 911 as soon as possible should be your first priority.
Above all, you will need to stay at the scene and stay as calm as possible. Wait for law enforcement and rescue assistance. In the meantime, take as many photos of the scene and the damage to your property as you safely can.
If possible, you may also want to draw a diagram of the accident and where the vehicles involved were located. This can be valuable evidence for your insurance company to use during their investigation. You should also make sure you exchange contact information with the other party and jot down the police report number, if available.
Visit the doctor
With just about any accident, it is a good idea to go ahead and head to the ER to get checked out. Many of the injuries you receive from an accident will be masked until the next day or later. This is particularly the case with motorcycle accidents where you have little protection from injuries.
A trip to the ER will help determine what injuries might have happened as a result of the crash. This is also an excellent way to document your injuries officially and gather evidence of them. If you skip this step, many insurance companies will be hesitant to reimburse you for any doctor’s visits at a later time.
Get the ball rolling
After everything is cleaned up from the accident, you will want to get the ball rolling as quickly as possible. It’s best to notify your insurance company as soon as possible. Even if the accident isn’t your fault, you will need to talk to your insurance company. There are times when the other party doesn’t have insurance, or when additional expenses might need to be handled under your policy.
You will also need to start the claim process under the insurance company who will be paying for the repairs. So, this is another call you will need to make. Keep in mind, that most repairs and reimbursements won’t be able to get started until a police report is filed, but getting a claim started will save you time in the long run.
Don’t rush the process
Above all else, one of the most important things you should do after a motorcycle accident is not to rush the process of getting your bike repaired. All the damaged should be properly documented before any damage is repaired. You will also need to keep track of all your expenses related to your bike accident. This includes repairs, doctor’s visits and any rental charges you may incur due to needing a separate vehicle to drive.