Motorcycle Accident Lawyer Serving the Hudson Valley, Long Island and New York Metro Area
Motorcycle accidents are dangerous for a variety of reasons: motorcyclists do not have the protection of a door; drivers of other vehicles oftentimes fail to see motorcycles; and motorcycles are not by themselves balanced like cars. For these reasons, motorcycle accidents can lead to serious injury much more easily. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to face a deadly accident than occupants of other types of vehicles. If you or a loved one was injured in a motorcycle accident, call the personal injury lawyers at Ingber & Provost today. We have over 40 years of combined experience and can aggressively litigate your case to get you what you deserve.
Motorcycle Accident Statistics
In 2013, motorcyclist deaths accounted for 13% of all motor vehicle accident deaths. Wearing a helmet significantly reduces the chance of death and brain injury. Helmets are 37% effective in preventing death, and 67% effective in preventing brain injury, according to the NHTSA.
What to Do After An Accident
The most important thing to do after a motorcycle accident is to seek medical attention and file a police report. After a motorcycle accident, or any accident, there is adrenaline pumping through the body and you may think that you are not injured even if you are, so be careful in refusing any treatment. Do not admit fault or apologize to the other driver. Moreover, do not sign anything or make any statements other than to exchange information. The other insurance company could use your oral or written statements to limit your recovery or deny the other driver’s liability. If you are talking to a police officer, only talk about the facts. Lastly, do not fix your motorcycle before speaking to an experienced motorcycle accident lawyer because you could be destroying evidence that is critical to your recovery.
What You Can Recover in A Motorcycle Accident
If the other party was at fault, you can recover for medical expenses (present and future), pain and suffering, and lost wages, along with other expenses. If a motorcyclist dies as the result of an accident, the surviving family members can bring what is called a “wrongful death” suit on behalf of the deceased motorcyclist. Family members can recover for lost financial support, lost services, and lost companionship, among other things. Recovery generally depends on how severe the injury is, the permanence of the injury, and whether the victim was working at the time of the accident.
Relevant Laws in New York
In New York, the statute of limitations is three years. This means that you have 3 years from the date of the accident to file, and if you do not file within the 3-year period, the court may not hear your case no matter how strong it is. To prove that the other party was in fact liable for your injuries, you must prove certain elements:
- the other party owed you a duty of care (which is the duty to provide reasonable care to other drivers on the road—as in a duty to drive safely);
- the other party breached this duty by not using reasonable care;
- the other party’s negligence was what caused your injuries;
- and you actually did suffer injury or property damage.
If the accident was due to the fault of the manufacturer of your motorcycle or the manufacturer of the vehicle that hit you, there are other methods of proving liability. Motorcycle accidents can be complex cases, and that is why it is important to contact an experienced personal injury lawyer before proceeding.
Call Us Today for A Free Consultation
Hiring a motorcycle accident lawyer with experience is very important to the handling of your case. The insurance company for the other party will aggressively litigate the case and will use every piece of information to deny liability. Our personal injury lawyers have more than 40 years of combined experience and will represent you diligently and competently. We understand that this is your time of need, and right now the most important thing is for you to have peace of mind and to know that you are in good hands. Call us today at 1-866-733-2720 for a free consultation.