Riding a motorcycle in New York can be an exciting experience, offering freedom and adventure on the open road. However, motorcycle accidents can happen quickly and without warning, leaving riders to deal with serious injuries, medical bills, and insurance companies. For those who find themselves in a motorcycle accident in New York, it is important to understand the laws surrounding these accidents and what rights and protections are available. Knowing how New York motorcycle accident laws work can make a significant difference in how a case is handled and the type of compensation a rider may be entitled to. At, The Nicotra Law Firm, PC, we are here to guide you through the legal process and help you navigate the complexities of your case.
The Importance of Understanding Motorcycle Accident Laws in New York
New York has specific laws that apply to motorcycle accidents, and these laws can be different from those that apply to car accidents. Unlike car accidents, where New York’s no-fault insurance law generally applies, motorcycle accidents are treated differently. New York does not provide no-fault benefits for motorcyclists, meaning that motorcyclists cannot automatically receive compensation for medical bills and lost wages from their own insurance company. Instead, motorcyclists must file a claim against the person or party responsible for the accident to recover these damages. This distinction makes it crucial for motorcyclists to be aware of their legal rights and responsibilities if they are involved in an accident.
What to Do After a Motorcycle Accident in New York
Immediately after a motorcycle accident, safety is the top priority. If possible, move out of the way of traffic to avoid further injuries. It is also essential to call 911 to report the accident and request medical assistance if needed. Even if injuries seem minor, it is important to be examined by a medical professional to document any potential harm that may not be immediately apparent. In addition to seeking medical help, it is important to collect as much information about the accident as possible. This includes taking pictures of the accident scene, gathering contact information from witnesses, and exchanging information with other drivers involved in the crash.
Once the initial steps are taken, it is important to notify your insurance company of the accident. However, be cautious when speaking with insurance adjusters. Insurance companies may try to minimize the amount of compensation a rider receives or even deny the claim altogether. This is why it is beneficial to consult with a knowledgeable attorney who can guide you through the claims process and protect your rights.
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Richard Nicotra
Andrew Connelly
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Liability in New York Motorcycle Accidents
One of the key factors in any motorcycle accident case is determining who is at fault for the crash. In New York, the state follows a comparative negligence rule. This means that more than one person can be found partially at fault for an accident. Even if the motorcyclist is found to be partially responsible, they may still be able to recover damages. However, the amount of compensation they receive will be reduced by their percentage of fault. For example, if a motorcyclist is found to be 20% at fault for an accident and the total damages amount to $100,000, the motorcyclist would be entitled to $80,000, reflecting the 20% reduction for their portion of responsibility.
In most cases, liability is determined by the actions of each driver involved in the accident. Motorcyclists are often unfairly blamed for accidents due to biases or misconceptions about motorcycles being more dangerous than other vehicles. However, many motorcycle accidents are caused by the negligence of other drivers, such as failing to yield the right of way, distracted driving, or improper lane changes. An attorney can help gather evidence, such as traffic camera footage or witness statements, to demonstrate fault and support a motorcyclist’s claim for compensation.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
Common Causes of Motorcycle Accidents in New York
Motorcycle accidents in New York can occur for various reasons, many of which are due to the negligence of other drivers on the road. One of the most common causes of motorcycle accidents is a failure to see the motorcyclist. Due to the smaller size of motorcycles compared to cars and trucks, drivers often fail to notice them, especially when changing lanes or making turns. This can lead to serious accidents where the motorcyclist has little to no time to react. Another common cause is distracted driving. When drivers are focused on their phones, GPS devices, or other distractions, they may not notice a motorcycle in their blind spot or right next to them, leading to accidents.
Speeding is also a frequent cause of motorcycle accidents. When cars are traveling at high speeds, the risk of a collision increases dramatically, especially if a driver has less time to react to a motorcycle in their path. Road hazards, such as potholes, uneven pavement, and debris, can also pose significant dangers to motorcyclists. Unlike cars, motorcycles are more susceptible to losing control when encountering these hazards, increasing the likelihood of accidents.
Injuries in New York Motorcycle Accidents
Motorcycle accidents often result in serious injuries due to the lack of protection that motorcycles provide compared to cars and trucks. Even when wearing protective gear such as helmets and jackets, motorcyclists can suffer life-changing injuries when involved in a crash. Some of the most common injuries in motorcycle accidents include broken bones, head and brain injuries, road rash, spinal cord injuries, and internal injuries. These types of injuries can require extensive medical treatment, rehabilitation, and time off work to recover.
For motorcyclists injured in an accident, it is important to seek medical treatment right away and keep detailed records of all medical expenses and treatments. This documentation will be important if a personal injury claim is filed to recover compensation for medical bills, lost wages, and pain and suffering. An experienced attorney can help gather the necessary evidence to build a strong case for maximum compensation.
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Seeking Compensation for Motorcycle Accident Injuries in New York
As mentioned earlier, motorcyclists in New York do not have access to no-fault insurance benefits, so they must seek compensation from the at-fault driver’s insurance company or by filing a personal injury lawsuit. To succeed in a personal injury claim, a motorcyclist must prove that the other driver was negligent and that their negligence caused the accident and resulting injuries. Compensation can include medical bills, lost wages, future medical expenses, and damages for pain and suffering. In cases where the motorcyclist’s injuries are severe, additional compensation may be available for long-term disability or loss of enjoyment of life.
Filing a lawsuit can be a complex process, and it is important to act quickly. New York has a statute of limitations for filing personal injury claims, which means that a lawsuit must be filed within three years of the accident. If the claim is not filed within this time frame, the injured motorcyclist may lose their right to seek compensation.
The Role of a New York Motorcycle Accident Lawyer
Navigating the aftermath of a motorcycle accident can be overwhelming, especially when dealing with injuries, insurance companies, and legal matters. A motorcycle accident attorney can be an invaluable resource in these situations. Attorneys understand New York motorcycle accident laws and can handle all aspects of a claim, from investigating the accident and gathering evidence to negotiating with insurance companies and, if necessary, taking the case to court. Having a lawyer on your side can greatly improve your chances of receiving fair compensation for your injuries and losses.
How Comparative Negligence Affects Compensation
As discussed earlier, New York follows the rule of comparative negligence in motorcycle accident cases. This means that even if a motorcyclist is partially at fault for the accident, they may still be entitled to recover compensation. However, their recovery will be reduced by their percentage of fault. It is important for motorcyclists to work with an attorney to ensure that they are not unfairly blamed for more of the accident than they should be. Insurance companies may try to shift blame to reduce their payout, but an attorney can fight to ensure that liability is properly assigned and that the motorcyclist receives the compensation they deserve.
Protecting Your Rights After a Motorcycle Accident in New York
Understanding New York motorcycle accident laws is essential for anyone who rides a motorcycle. These laws determine how liability is assigned, what compensation may be available, and how claims are handled. After a motorcycle accident, taking the right steps can help protect your rights and increase your chances of a successful claim. Seeking medical attention, collecting evidence, and working with an attorney can make a significant difference in the outcome of a case. By knowing your rights and having the right legal guidance, you can focus on recovering from your injuries while your attorney works to secure the compensation you are entitled to.
If you or someone you love has been injured in a motorcycle accident in New York, The Nicotra Law Firm, PC can help. With experience handling motorcycle accident cases, we are committed to protecting the rights of injured motorcyclists and helping them secure the compensation they need to recover. Contact The Nicotra Law Firm, PC today for a free consultation to discuss your case. We work on a contingency fee basis, meaning you do not pay any legal fees unless we win your case.