Riding a motorcycle through New York City can be thrilling — and risky. The busy streets, traffic congestion, and weather conditions can make riding dangerous for motorcyclists.
Motorcycle accidents in NYC can result in serious injuries or even fatalities. If you or a loved one has been injured in a motorcycle crash, it’s essential to understand your legal options and how the right New York City motorcycle accident lawyer can help.
The experienced New York motorcycle accident attorney team at Schwartzapfel Lawyers is prepared to help you through the process, start to finish. Call us now at 516-342-2200 or schedule your free consultation online today. No matter your situation, it will be our honor and privilege to fight for you!
Why Are Motorcycle Accidents So Dangerous?
Motorcycle riders face greater risks than drivers of other vehicles because they have less protection. Unlike cars, motorcycles don’t have seat belts, airbags, or a sturdy frame to absorb the impact of a collision. Common injuries here include but aren’t limited to:
- Broken bones
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Road rash
- Disfigurement
- Strains, sprains, and tears
In many cases, motorcycle accident victims require extensive medical treatment, including surgeries, physical therapy, and long-term rehabilitation. These treatments can lead to costly medical bills, lost wages, and emotional trauma.
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What Are Common Causes Of Motorcycle Accidents In NYC?
Motorcycle accidents in New York City can occur for many reasons. Some of the most common causes of motorcycle accidents are traffic and road conditions, many of which are exacerbated by factors such as:
- Distracted Driving: Drivers who text, talk on the phone, or are distracted in other ways may not respond in time to avoid a collision.
- Speeding: This is a leading cause of motor vehicle accidents, and it can be especially dangerous for motorcycle riders who have less time to react.
- Unsafe Lane Changes: Drivers who don’t check their blind spots may collide with motorcyclists when changing lanes.
- Potholes And Road Hazards: Poorly maintained roads, including potholes, debris, or uneven pavement, can cause motorcycle accidents.
- Lane Splitting: Some motorcyclists perform this illegal maneuver to bypass traffic. This can increase the risk of accidents with vehicles that aren’t expecting a motorcycle between lanes.
The seasoned motorcycle accident attorneys at Schwartzapfel Lawyers are here to help you get the compensation you’re owed for medical treatment and more. Call us now at 516-342-2200 for a free case review and so much more.
What To Do After A Motorcycle Accident
After a motorcycle accident in New York City, you must take the right steps to protect your health and prepare your personal injury claim.
Seek Medical Care Immediately
Even if you don’t feel seriously injured, it’s vital to get checked by a doctor. Some motorcycle accident injuries, like traumatic brain injuries, may not show symptoms right away but can be life-threatening.
You can still experience a severe brain injury even if you wear a helmet. Additionally, medical imaging is the only way to detect some types of injuries, which you can only get in an emergency room.
Call The Police
Report the accident to the police. An officer will likely then arrive at the scene to create an accident report. This report and the evidence photos can prove to be important for your motorcycle accident claim.
Exchange Information
Get the contact information, driver’s license number, and insurance details of the other driver. If there are witnesses, ask for their contact information, as well. You may not be able to do so if the accident was a hit-and-run or if the other motorist is uncooperative. Never chase or antagonize the other driver — let the police handle the situation.
Document The Accident
Take photos of the accident, including damage to your motorcycle and the other vehicle, any road hazards, and your injuries. If your injuries are severe, prioritize medical care. The police can document the accident scene if you need to go to the emergency room.
Contact A Skilled Motorcycle Accident Lawyer
Reaching out to a seasoned New York motorcycle accident lawyer is likely in your best interest. Many law firms offer a free consultation to review your personal injury case.
The award-winning motorcycle accident attorneys at Schwartzapfel Lawyers are here to help. Call us now at 516-342-2200 for a free case evaluation. Alternatively, you can schedule your free consultation online at your convenience. But remember: The sooner you call, the sooner we can start.
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How Can The Right Motorcycle Accident Attorney Help?
The right New York City motorcycle accident attorney can guide you through the legal process. Skilled motorcycle accident attorneys are well-versed in injury law and can help recover fair compensation.
Investigate The Accident
The right attorney can gather evidence, such as the police report, witness statements, and accident photos, to build a strong case.
Handle The Insurance Company
If you’re recovering from a motorcycle injury, the last thing you want to have to do is deal with insurance companies. After all, they’re out to protect themselves, not you. Your seasoned attorney can deal with insurance themselves and ensure they don’t pressure you into accepting a low settlement.
Calculate Damages
The right attorney can also calculate the total value of your claim, including medical expenses, lost wages, and non-economic damages like emotional distress and pain and suffering.
File A Lawsuit
If the insurance company doesn’t offer you a fair settlement, a qualified motorcycle accident attorney can file a personal injury lawsuit in court to seek a verdict.
What Types Of Compensation Are Possible In A Motorcycle Accident Claim?
You may be entitled to financial compensation for multiple losses. The right motorcycle accident attorney can seek fair compensation for costs relating to the accident, including but not limited to:
- Medical Bills: This includes medical treatment, surgeries, hospital stays, medications, and any future medical expenses related to your injuries.
- Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for the income you’ve lost and future earning capacity.
- Property Damage: This can cover the cost of repairing or replacing your vehicle and other damaged property.
- Pain And Suffering: Severe injuries can cause emotional distress, and you can be compensated for your reduced quality of life.
- Wrongful Death: If you’ve lost a loved one, a wrongful death claim can potentially provide compensation for funeral expenses, loss of companionship, and the financial support they would have provided.
The highly skilled personal injury attorneys at Schwartzapfel Lawyers are on standby to explain the types of compensation you may be eligible to receive. Call our skilled legal team at 516-342-2200 today!
Why Is It Important To Act Quickly?
New York has a statute of limitations for personal injury claims. You typically have three (3) years from the accident date to file your claim. However, it’s best to contact a skilled attorney as soon as possible to ensure that the evidence is maintained, witnesses are available, and your case is filed on time.
What Is Comparative Negligence In New York?
New York follows a comparative negligence rule in motorcycle accident cases. This means that even if you were partially at fault for the accident, you can still recover compensation. However, your compensation may be reduced by your percentage of fault. For example, if you’re found to be 15% at fault, your compensation would be reduced by 15%.
A seasoned NYC motorcycle accident lawyer can work to prove that the at-fault driver bears most, if not all, of the responsibility for the accident, ensuring you receive the maximum possible compensation.
Get The Legal Representation You Deserve!
If you or a loved one has been injured in a motorcycle collision in New York City, you don’t have to fight for yourself. We’re prepared to fight for you. So, please, don’t wait to get help, not when you don’t have to.
The skilled motorcycle accident attorneys at Schwartzapfel Lawyers have more than (150) years of combined experience fighting and winning for motorcycle accident victims like you. Call us now at 516-342-2200 for a free consultation today.
One phone call may save you miles of headache, heartache, and financial strain down the road. So, please, don’t wait until it’s too late. Instead, act now and allow Schwartzapfel Lawyers the honor and privilege of helping you as best we can, however we can, both in and out of court.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
New York City Motorcycle Safety Study | NYC.gov
Care of Road Rash and Abrasions | Treatments | Patients & Families | UW Health
Motorcycle Accident FAQs
The number of fatalities resulting from motorcycle accidents and incidents in New York City has risen in recent years. Because of this, motorcyclists must understand how to prevent an accident or incident as well as understand their rights if one occurs.
While a motorcycle collision or accident can occur for a number of reasons, some of the main contributing factors include but are not limited to:
- Speeding and ignoring traffic signals.
- Use of alcohol or other substances while driving.
- Failure to wear a helmet and other protective gear while riding.
- Treacherous road conditions.
Motorcycle crashes can occur due to mistakes both motorcyclists and other drivers make while on the road. Not following motorcycle laws, such as wearing a helmet, can make motorcyclists liable even when the collision is due to the fault of another driver.
New York is a "no-fault" insurance state, which means your insurance company should cover your medical expenses and lost wages, regardless of who's at fault. However, if your injuries are severe or exceed a specific threshold, you may be able to file a personal injury lawsuit against the at-fault party.
In New York, motorcycle accidents are subject to a comparative negligence law. This means that if you're found partially responsible for the accident, any compensation you receive should be reduced by the percentage of your fault. An experienced motorcycle accident attorney can help you understand these laws and will fight to get you the financial compensation you deserve.
The damages you can recover after a motorcycle accident in New York depend on the severity of your injuries and the specific circumstances of your case. Generally, you may be entitled to financial compensation for:
- Medical expenses, including hospital bills, rehabilitation, and ongoing treatment
- Lost wages and loss of future earning capacity
- Pain and suffering, both physical and mental
- Property damage, such as repair or replacement of your motorcycle
In some cases, you may also be eligible for punitive damages if the at-fault party's actions were particularly reckless or malicious. A skilled New York motorcycle accident attorney can assess your case and help maximize your potential compensation.
In New York, the statute of limitations for personal injury claims related to motorcycle accidents is generally three (3) years from the date of the accident. However, there may be exceptions or shorter deadlines depending on the specifics of your case. For instance, if your claim involves a government entity, you may have a shorter timeframe to file a notice of claim.
As such, it’s crucial to consult with one of the knowledgeable motorcycle accident attorneys at Schwartzapfel Lawyers by calling 516-342-2200 or visiting us online as soon as possible to avoid missing any deadlines so that your right to compensation remains protected.
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