Motorcycle Accidents

Motorcycle Accidents
What should I do immediately after a motorcycle accident in New York?
First, ensure your safety and seek medical attention, even if you believe you're not seriously injured. Call 911 to report the accident. If possible, take photos of the accident scene, your injuries, and any damages to your motorcycle and other vehicles involved. Exchange contact and insurance information with the other parties but avoid discussing fault at the scene. Lastly, contact a motorcycle accident lawyer to understand your rights.
How does New York law protect motorcyclists in accidents?
New York law allows motorcyclists to pursue compensation for injuries and damages resulting from accidents caused by another party's negligence. Unlike motorists covered under New York's No-Fault Law, motorcyclists are not limited by the "serious injury" threshold to seek damages for pain and suffering.
How long do I have to file a motorcycle accident lawsuit in New York?
You have three years from the date of the accident to file a personal injury lawsuit. However, if the accident involves a municipality or government entity, you must file a notice of claim within 90 days of the accident. Consulting with a lawyer as soon as possible is crucial to preserving your rights.
Can I claim compensation if I was partially at fault for the motorcycle accident?
Yes. New York follows a comparative negligence rule, which means you can still recover compensation even if you were partly at fault. Your compensation will be reduced by the percentage of fault attributed to you.
What types of compensation can I recover after a motorcycle accident in New York?
You may be entitled to recover costs for medical treatment, lost wages, loss of future earning capacity, pain and suffering, and repair or replacement of your motorcycle. Each case is unique, so the specific compensation will depend on the details of your accident and injuries.
Do I need to wear a helmet while riding a motorcycle in New York?
Yes. New York law requires all motorcycle riders and passengers to wear approved helmets and eye protection. Not wearing a helmet can not only increase the risk of serious injury but may also impact your ability to recover full compensation in a personal injury claim.
How do I choose the right lawyer for my motorcycle accident case in New York?
Look for an attorney with experience specifically in motorcycle accidents in New York. They should have a strong track record of securing compensation for their clients, understand the unique aspects of motorcycle law, and be prepared to aggressively advocate on your behalf.
What is the cost of hiring a motorcycle accident attorney in New York?
Most motorcycle accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of the settlement or verdict amount. Initial consultations are usually free, allowing you to discuss your case without financial commitment.
How long will it take to resolve my motorcycle accident claim?
The duration varies depending on the complexity of your case, the extent of your injuries, and the willingness of the insurance company to settle. Some cases resolve in a few months, while others may take years if they go to trial. Your attorney can provide a more detailed timeline after reviewing the specifics of your case.
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