After an accident, motorcyclists often face negative stereotypes from insurance professionals and opposing attorneys. There is a popular narrative attending the motorcyclist that he or she is a reckless rebel with no regard for rules or the safety of other drivers. It’s an unfortunate possibility, but an insurance company is likely to exploit you in an attempt to reduce your settlement amount.
Your Long Island motorcycle accident lawyer will understand how insurance companies deploy this popular stereotype, and we know how to stand up to it. An attorney from our office will fight to make sure the party responsible for your accident is held accountable.
While New York is a no-fault state for car insurance, the no-fault rule does not apply to motorcyclists. The serious injury threshold in motor vehicle insurance that makes it difficult for motorists to collect damages after an accident does not hold for bikers. If another driver caused your motorcycle wreck, you are entitled to file a personal injury claim for even minor injuries sustained.
Negligence is still an important consideration, however. New York follows laws of comparative negligence. This means that if you are found to have contributed to your accident, your settlement amount will be reduced by the percentage of negligence you are found culpable for. A Long Island motorcycle accident lawyer from our office can work to make sure that your level of fault is the least amount possible.
Finally, the statute of limitations for filing a lawsuit after a motorcycle crash in New York is three years; this statute holds for any potential personal injury case. It’s important not to wait too long after your accident, as any case brought after the statute has expired will almost certainly be thrown out of court.
The process of seeking compensation is likely to create a number of questions that you need answers to. Your Long Island motorcycle accident lawyer will be there to provide you with the necessary information. To that end, we’ve answered a few questions below.
YES! If someone else was responsible for causing the motorcycle wreck, you’ll likely still be able to file a claim against them. However, not wearing a helmet can make you partially responsible and reduce your financial award, especially if brain, head, or facial injuries were involved.
While it’s likely that the motorcyclist you were riding with was a friend or even a relative, you can still seek compensation through a personal injury claim. Working with an attorney can be even more important in these circumstances, as we can help diffuse any emotions involved by acting as a go-between.
Lane-splitting is illegal in New York, so it’s very likely that you’ll be at least partially responsible. However, the other driver might still bear a large portion of the responsibility, thereby entitling you to compensation, so it’s certainly worth exploring your options.
If you have been injured in a bicycle accident from a collision with a car, due to the negligence of another, you will need to hire a personal injury attorney experienced in representing injured victims in bike accident litigation. In New York there are certain bicycle laws for road sharing and New York cyclists have rights. It is important to discuss your case with a bike accident attorney to protect your rights and fight for the compensation you deserve.
If someone else caused your motorcycle crash, you shouldn’t bear the financial burden of your recovery. Siler & Ingber, LLP will prevent the insurance company from unfairly blaming you for the wreck and be an invaluable advocate in your corner, fighting for the compensation you deserve.
Schedule a free consultation with a Long Island motorcycle accident lawyer today by calling 1-516-294-2666, or simply use the online contact form on this page to get in touch with us.