Motorcycle accidents can result in serious injuries, often leading to mounting medical bills, emotional distress, and a complex legal journey. Understanding your rights under New York motorcycle accident laws is crucial to ensure you’re properly compensated. This guide provides essential insights into the state’s laws and explains the next steps to take after an accident.
Motorcycle Accident Laws in New York: What You Need to Know
New York operates under a no-fault insurance system. This means that after an accident, your insurance typically covers your medical expenses and lost wages, regardless of who is at fault. This approach is different from states that require proving fault before compensation can be received. However, when injuries are severe, such as those causing permanent disability or disfigurement, it may be possible to file a lawsuit.
While no-fault insurance covers certain expenses, it has its limits. For injuries deemed severe, additional compensation through a personal injury claim might be necessary. Understanding this system is important because it determines how medical bills and other costs will be handled following an accident.
What Is Considered a Serious Injury in New York?
New York law defines what constitutes a serious injury in motorcycle accidents. These injuries go beyond minor cuts and bruises. Some examples of serious injuries include the loss of a limb, broken bones, significant disfigurement, loss of vision, and permanent disability.
When you sustain one of these injuries, the law allows for filing a lawsuit to seek compensation for pain, suffering, and other losses. Knowing what qualifies as a serious injury is important because it helps you understand whether you can pursue a case for additional compensation beyond no-fault benefits.
Partner Partner Partner Attorney Attorney
Benjamin J.
Andrews
Robert
Maranto
Tom
Kotrys
Robert J.
Maranto, III
Thanon
Rezvi
How Insurance Companies Handle Motorcycle Accidents
Navigating insurance after a motorcycle accident can be frustrating. Despite the no-fault insurance system, insurance adjusters often seek ways to minimize payouts, even when injuries are severe. Understanding how to deal with insurance companies is essential to ensure they do not undermine your case.
Even though New York follows a no-fault system, there are instances when motorcycle riders may not be eligible for no-fault benefits. If the accident involved another motor vehicle, your insurance may cover medical bills and lost wages. However, if the accident was entirely your fault, you may not be able to collect these benefits. Understanding what your insurance covers is critical in deciding the next steps.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Comparative Negligence: How It Affects Your Case
New York applies the principle of comparative negligence. This means if you are partially at fault for the accident, your compensation may be reduced. For instance, if it is determined that you are 20% responsible for the accident, your damages could be reduced by that same percentage.
Even if you are partially at fault, you still have the right to pursue compensation from the party primarily responsible for the accident. Understanding how comparative negligence can impact your case is important as it affects the amount of compensation you may recover.
What Steps Should You Take After a Motorcycle Accident?
The actions you take after a motorcycle accident can significantly impact your case. Seeking medical attention, even for minor injuries, is essential because some injuries, such as internal trauma or concussions, may not be immediately visible.
Documenting the scene of the accident and your injuries can be critical in supporting your claim. Taking photos and gathering witness information is essential. Reporting the accident to your insurance company is necessary, but be mindful when making statements, as insurance companies may use anything you say against you.
Consulting a legal professional who understands the nuances of motorcycle accidents can help protect your rights and guide you through the legal process.
Should I Take The First Settlement Offer? Steps to File a Personal Injury ClaimRelated Videos
Common Injuries in Motorcycle Accidents
Motorcycle accidents often result in serious injuries. Head injuries, including concussions and traumatic brain injuries, are particularly dangerous and may cause long-term complications. Spinal injuries can lead to paralysis or chronic pain, severely affecting your quality of life. Broken bones and fractures are common, especially in the arms, legs, and ribs, and these injuries may require surgery and months of recovery. Road rash can lead to painful abrasions and scarring, while internal injuries may not be immediately apparent but are just as severe.
Even if you feel fine right after an accident, it is crucial to seek medical attention to rule out internal injuries.
Motorcycle Accident Compensation: What You Can Recover
In the aftermath of a motorcycle accident, you may be entitled to compensation for several types of losses. This includes medical expenses, lost wages, and pain and suffering. Compensation can cover immediate medical treatments as well as future care that might be required due to the accident.
Verdicts & Settlements
In addition to medical costs and lost wages, you may also be entitled to recover damages for emotional distress, loss of enjoyment of life, and other non-economic losses. In cases of particularly severe injury, you may also be eligible for punitive damages if the responsible party acted recklessly or maliciously.
The Importance of Legal Representation in Motorcycle Accident Cases
In the aftermath of a motorcycle accident, having the right legal representation can make a significant difference in the outcome of your case. A skilled attorney can help you navigate the complexities of New York’s laws and ensure your rights are protected throughout the process. From negotiating with insurance companies to filing a lawsuit if necessary, legal counsel is crucial in ensuring that you don’t get shortchanged in the aftermath of an accident.
An attorney will also help you gather and present the necessary evidence to support your claim. This includes obtaining medical records, accident reports, and witness statements, as well as working with experts to establish the severity of your injuries. In addition, a lawyer can assist with determining the full scope of your damages, ensuring you receive compensation for both the immediate financial losses and long-term costs, such as ongoing medical treatments or lost future earning potential.
Protecting Your Rights After a Motorcycle Accident
Motorcycle accidents can have long-lasting consequences. Understanding New York’s motorcycle accident laws, documenting your case thoroughly, and consulting with a lawyer are all key steps in ensuring you receive the compensation you deserve. While no-fault insurance may cover some expenses, serious injuries often require pursuing additional compensation through a lawsuit.
Contact the legal team at Andrews, Bernstein & Maranto, PLLC for guidance. With years of experience in handling motorcycle accident claims in Buffalo and surrounding areas, they are committed to protecting your rights and helping you achieve a fair recovery. Schedule a consultation today by giving us a call.