New City Motorcycle Accident Attorneys

Providing Committed Legal Services to Injured Riders Throughout Rockland County and the Hudson Valley

Motorcyclists probably get tired of being told again and again that they are hard to see on the roads. They must absolutely despise hearing that insurance companies will charge them higher rates and then, inevitably, be more reluctant to hear their claims. Motorcycle riders are often among the only motorists who can be blamed by others for an accident, even when they did nothing to cause it. It’s unfair. And, after decades of seeing motorcycles on American roads, one would like to hope that things would be getting better. But sadly that is not the case.

In addition to all the previous points, motorcyclists also suffer worse injuries than motorists driving cars, trucks, vans, or buses. According to the State University of New York at Albany’s Rockefeller College, the Institute for Traffic Safety Management and Research (ITSMR) reported New York fatal motorcycle crashes increased by 52% in 2021, with 201 fatal crashes, compared to 132 in 2019.

While a well-fitted helmet and gear could help save a rider’s life, some motorcycle accidents hurl their riders through the air like ragdolls. A helmet, leather jacket, and elbow pads can only do so much to protect a person from oncoming traffic, the unforgiving asphalt, or the cruel nature of gravity and physics.

If you or a loved one have been injured in a motorcycle accident–or worse, if you’ve lost a loved one in a fatal crash–then you must take steps to pursue legal action and recover financial compensation.

At Greenspan & Greenspan Injury Lawyers, our New City motorcycle accident lawyers and associates have over thirty years of experience helping clients with accident claims. We are well-versed in guiding victims through the legal process while we communicate with insurance companies, gather important evidence, and build a case with the hopes of achieving the most satisfying outcome for our clients.

Please call us at 914-946-2500 or reach out to us online to schedule your free case evaluation.

Are Motorcycle Accident Victims Held to a Different Standard in New York Than Those Who Suffered Injuries in Car Accidents?

While the state of New York works under “no-fault” insurance guidelines for car accidents, this same rule does not extend to victims of motorcycle accidents in the state. What this means is that the motorcyclist’s insurance company is not expected to pay them any money for injuries they suffered in an accident.

The reason for this, unfortunately, is that New York insurance companies view the risk of riding motorcycles to be needlessly high and thus have made sure that the legislature has deemed their rider’s injuries unnecessary to cover.

The lack of “no-fault” insurance protection does not prevent a motorcyclist from seeking to hold an at-fault driver accountable financially, however. Schedule a free consultation with our legal team to discuss your options.

What Types of Injuries are Commonly Seen in Motorcycle Accidents?

The types of injuries that may be seen in a motorcycle accident victim depend greatly on the speed of the motorcycle, the speed and size of any other vehicle in the crash, and whether or not the motorcyclist was wearing adequate protective gear.

Common types of injuries include:

• Broken bones;
• Burns;
• Concussions;
• Cuts, lacerations, bruises, and scars;
• Disfigurement;
• Internal bleeding and organ damage;
• Loss of limb;
• Neck, back, and spinal injuries;
• Partial or complete paralysis;
• Severe emotional distress;
• Traumatic brain injuries; and
• Wrongful death.

In addition to causing temporary or prolonged pain and suffering, accident injuries may cause victims to miss work, leading to lost wages and an inability to support themselves financially.

Types of Motorcycle Accident Damages You Can Recover

If you or a loved one suffered a motorcycle crash, two types of damages may be available: compensatory and punitive.

Compensatory damages reimburse the accident victim for their economic and noneconomic losses. These can include:

• Past and future medical bills and costs,
• Past and future lost wages,
• Pain and suffering, and
• Motorcycle repair or replacement.

On the other hand, punitive damages, also known as exemplary damages, are awarded only if the defendant’s actions are considered grossly negligent, malicious, or reckless. The plaintiff must show clear and convincing evidence that the defendant acted with malice, wanton disregard, or extreme recklessness.

Common Causes of Motorcycle Accidents

Identifying the cause of the accident is vital to pursuing compensation later. There are many potential causes of a motorcycle crash, but there are four that we often see.

Another Driver’s Negligence

One of the most common causes of motorcycle accidents is another driver’s negligence. Driver negligence can include:

• Driving while intoxicated by alcohol or ability impaired by drugs,
• Disobeying traffic laws (e.g., running a red light, unsafe lane change, speeding), and
• Driving while distracted, such as using the phone while driving.

Negligent drivers of other motor vehicles, including cars, trucks, and buses, can be hazardous to motorcycles sharing the roads.

Poorly Maintained Roads

Many roads are poorly maintained, and while potholes and uneven payment can be hazardous to cars, they are especially dangerous to motorcyclists.

Weather Conditions

Unfortunately, bad weather conditions can contribute to motorcycle accidents. While most motorcyclists would avoid riding in expected bad weather, the weather can turn on a dime, especially in the summer months in New York. It may be a beautiful clear day one minute and a severe thunderstorm the next. While mother nature herself can not be held responsible for injuries that occur, if another driver was negligent or reckless in the poor weather conditions and that contributed to the crash, they might be liable.

Motorcycle Malfunction or Defect

If a motorcycle or other vehicle involved in the crash has a defective or malfunctioning part, it can lead to an accident. For example, if the brakes on the motorcycle or other car that strikes the motorcycle malfunction, the manufacturer may be liable for your injuries.

Multiple Causes

Several parties can be held liable depending on the cause of the crash. Most commonly, the negligent driver is to blame. However, there can be other individuals or entities at least partially responsible for the accident. For instance, if the negligent driver was operating a commercial truck, the trucking company may also be liable, or if the motorcycle brakes failed, the manufacturer can be held accountable. Identifying all the possible liable defendants can take extensive investigation and discovery. A New City motorcycle accident attorney can help with this process.

How Can an Experienced New City Motorcycle Accident Lawyer Help Your Case?

As a motorcyclist does not have the same insurance protection as other drivers on the road, they sadly have fewer methods of recourse if they choose to seek compensation following an accident. That’s why it is vitally important for an accident victim to hire an experienced motorcycle accident attorney as their dedicated legal representative.

While no legal requirement exists to retain an attorney to pursue a civil lawsuit in New York, we highly recommend consulting with experienced counsel. “Do it Yourself” is a very bad idea for an injured motorcyclist. A knowledgeable and skilled Hudson Valley and  New City motorcycle accident lawyer can:

• Provide guidance and advice,
• Conduct an investigation,
• Request evidence,
• Speak with the police and witnesses,
• Negotiate with insurance adjusters, and
• Represent you in court.

Pursuing a motorcycle accident claim and, potentially, a lawsuit can be challenging and complex. You must abide by court rules, procedures, and the law. Our Rockland County motorcycle accident lawyers do this day in and day out and can assist you in pursuing a successful claim. Let us help you hold all responsible parties accountable for the negligent or reckless actions which led to your accident.

What is the Deadline for a Victim to File a Motorcycle Accident Claim?

While motorcycle riders are held to different standards than other motorists in many ways, they face the same statute of limitations when it comes to filing a claim following an accident.

If someone was injured in New City in the motorcycle accident, there is a three-year deadline to file a claim. There is a much shorter deadline to meet if the at fault vehicle was owned by the state or by a local government.

If someone sadly lost their life in the accident, the deadline for filing a wrongful death claim is two years in New York.

Contact Our New City Motorcycle Accident Lawyers to Schedule a Free Consultation

It’s unfortunate, but the laws and policies of New York seem to be stacked against motorcycle owners, strongly favoring other car drivers or pedestrians. This may make it more difficult to obtain the compensation that goes towards paying for your medical expenses, pain and suffering, or lost wages. But it is by no means impossible.

Hire our legal team to represent your claim, and we will provide you with committed legal representation as we pursue the most satisfactory outcome for you and your case.

We serve clients across the state of New York and would be proud to offer you a free consultation so that we may discuss your case in more detail. Please call us at 914-946-2500 or contact us online to schedule your confidential case evaluation.