Did you or a loved one get injured on a motorcycle and have questions? Check out these 4 motorcycle accident facts, then call our attorneys.
Mistakes That Can Hurt Your Motorcycle Accident Case
The most common mistakes that can hurt your motorcycle accident case that we see is the failure to ascertain witness information, and to take photos of the placement of the motorcycle in relation to the car after they come to rest. Most often these accidents are the fault of the driver of the car, the motorcyclist is severely injured because they lack protection. It’s often helpful if a loved one who comes on the scene after the person is safely taken care of, to take photos before anything is removed. You can also ask the people who are standing around the scene if they saw it, and if they wouldn’t mind giving their name and phone number.
Witnesses don’t have a choice. People often say well, I didn’t want to get involved. By way of the court’s subpoena power, they have to get involved. If they saw an incident, they have an obligation to testify honestly about what they witnessed. If you cannot get information at the scene from them voluntarily, please take down plate numbers and a description of what they look like, and that will help us track down a witness that might not be eager to help.
The Most Common Motorcycle Accidents
As a Buffalo Motorcycle Accident Attorney, I am often asked about the most common motorcycle accidents. During a motorcycle accident, the injuries can be traumatic compared to a car accident. Typical injuries can include road rash from skidding across the pavement, and crushing injuries from the bike falling on top of you. I advise clients as a Buffalo Motorcycle Accident Attorney that if you are involved in an accident that you hit another object, this could cause broken bones, or herniated disks.
Car Accident vs. Motorcycle Accident
New York State insurance law and the no-fault law cover all motor vehicles being operated in the state of New York. There is, however, an exception to that law for motorcycles. If you were involved in a motorcycle accident, there is no no-fault, which means that you will not be able to have your wages or medical expenses paid upfront by the vehicle that you are on during the case of a motor vehicle accident.
Because of this fact, we will have to rely on your health insurance to cover your injuries. Wages would have to be covered by either New York State disability or some type of private disability benefits. However, because there is no no-fault available to the individual on a motorcycle, neither the individual nor an attorney has to show that the individual sustained a serious injury in order to recover. In a motor vehicle accident, we must demonstrate that a person was seriously injured as defined by our statute. In a motorcycle accident, because the no-fault law does not apply to the vehicle, we do not have to show the incidence of an injury.
Motorcycles Covered Under No Fault
I get a number of calls from people who have been injured in motorcycle accidents either operating the motorcycle, being a passenger – or sometimes even as a pedestrian who has been struck by one. The answer to their question, “What benefits are available to me?” differs depending on the questioner’s role in that accident. New York State exempts motorcycle drivers and passengers from receiving no-fault medical insurance benefits because the activity itself is considered to be inherently dangerous. However, motorcyclists are allowed to purchase certain amounts of medical payment coverage on their policy of insurance for a motorcycle, but those amounts are typically very small – generally totaling around $5,000 in medical payments for a rider – as opposed to the basic no-fault medical benefit available to a car operator of $50,000.
There is, however, a specific exception if you’re a pedestrian. In the rare case when a pedestrian is struck by a motorcycle, they actually do have access to New York
State’s no-fault benefit. That means a pedestrian’s medical benefits, wages, and mileage to visit the doctor are covered through the insurance company that covers the involved motorcycle.
Attorney Richard Nicotra is a partner with Andrews, Bernstein, Maranto & Nicotra, PLLC and has achieved the highest rating of 10 on Avvo.
The Personal Injury Lawyers at Andrews, Bernstein, Maranto & Nicotra, PLLC fight for the rights of persons who are injured or disabled. We approach each case on an individual basis and personally assist each client with their unique needs. We are involved in every step of the legal process, and ensure that each case receives the time and effort necessary for success.
Were you or a loved one injured from a motorcycle accident in New York and have questions? After reading these 4 motorcycle accident facts, contact our Buffalo Motorcycle Accident Lawyers for a free consultation and case evaluation to get started on your claim.
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