New York Motorcycle Accident Attorney

How a Lawyer Can Help With Your Case

Trying to prove who was at fault for your accident can be an uphill battle. You may be dealing with physical pain and a challenging recovery process, and investigating your accident isn’t where your energy should go. Instead, an attorney can take on this fight for you.

They can also:

• Complete and file your paperwork, ensuring the accuracy of your claim
• Handle negotiations with the insurance company, using evidence and expert testimony to demonstrate a need for the compensation you may qualify for
• Represent your case in court if necessary

At The Goldwater Law Firm, we believe a client’s need for results is paramount. We connect you with co-counsels at some of the most successful law firms in the state. You focus on recovering while your lawyer takes care of everything else.

Recovering Compensation After a Motorcycle Accident

Motorcycle accidents often cause severe or even catastrophic injuries, such as:

• Road rash, which can lead to infection and scarring
• Spinal cord injuries, which may result in paralysis
• Internal organ damage
• Traumatic brain injuries, which can cause permanent cognitive, sensory, or motor function issues
• Broken bones
• Loss of limbs

These injuries can permanently alter your life. For example, you may:

• Be unable to return to the workforce
• Need long-term medical care
• Need long-term assistance to perform your activities of daily living (ADLs)
• Have chronic pain
• Have PTSD or other mental trauma due to the accident and your injuries

All these factors should be considered when seeking fair compensation in a personal injury claim. Your lawyer will advocate for you to receive the full compensation you are entitled to.

You may qualify for compensation for:

• Medical Expenses: Recoverable medical bills can include the costs of past, present, and future medical care related to your injuries. Surgeries, ER care, doctor appointments, diagnostics, medications, and physical therapy are a few examples of compensable medical expenses.
• Job-Related Losses: You could qualify for compensation for lost wages, loss of job benefits, and diminished earning capacity.
• Property Damage: You could recover compensation for the costs of repairing or replacing your motorcycle and gear.
• Other Expenses: Other financial losses could include the cost of mobility devices or home modifications.
• Non-Economic Losses: Non-financial losses like pain and suffering, emotional distress, and loss of consortium are compensable.
• Wrongful Death: If a loved one passed away due to the accident, their survivors may be able to recover compensation for funeral and burial costs, the loss of the decedent’s income, and their pain and suffering.

Who Caused Your Motorcycle Accident?

Understanding who caused your accident is essential to recovering compensation. Your lawyer will investigate the accident to establish the liable party’s negligence.

What Is Negligence?

Legally, negligence is defined by four criteria: the party had a responsibility to keep you safe, lapsed in that responsibility, and their actions directly caused the accident and your resulting losses.

Some examples of negligence include:

• Driving while intoxicated
• Speeding
• Failing to yield
• Driving while distracted
• Failing to share the road

Who May Be Liable?

While the most likely liable party after a motorcycle accident is another motorist, there may be other parties who are liable as well. These include:

• A company may be vicariously liable for an employee’s actions. This is common in truck accidents or accidents involving delivery drivers or other people who drive for work.
• A government entity may be liable if something like hazardous road conditions contributed to the accident.
• A manufacturer may be liable if a faulty part caused the accident.

How Does Your Lawyer Investigate the Accident?

Your lawyer will do a thorough investigation, which may include:

• Interviewing eyewitnesses who may be able to offer an impartial account of what happened
• Tracking down surveillance footage, security cameras, and traffic cameras
• Compiling physical evidence, skid marks, and debris patterns
• Reviewing police reports and any other official documentation
• Consulting with expert witnesses

What If the Liable Party Doesn’t Have Insurance?

If the liable party does not have insurance, you are not out of options. You may be able to pursue compensation through your uninsured motorist coverage or by pursuing a personal injury lawsuit against the liable party.

Your lawyer will advise you on the best course of action for your case.

New York’s Personal Injury Laws and Their Effect on Your Accident Case

Two key laws may impact your ability to recover compensation after a motorcycle accident in New York.

The Statute of Limitations

The first affects the timeline of your case. Under New York’s statute of limitations, you generally have only three years to pursue a personal injury lawsuit. There are exceptions in this statute, so it’s important to discuss the deadline for your case with your attorney.

Pure Comparative Negligence

The second important law to know is New York’s pure comparative negligence rule. Under this law, injury victims can recover compensation if they are less than 100% at fault.

However, your percentage of fault proportionately reduces your recoverable compensation. For example, if your final damage award is $100,000 in losses, but you were 40% at fault, then you could only recover $60,000 in damages.

Your lawyer will ensure that all legal guidelines are followed for your case. Contact The Goldwater Law Firm to discuss your legal options after a motorcycle accident.

What Can You Do to Protect Your Claim After an Accident?

Motorcycle accidents can result in catastrophic injuries that are expensive to treat. This is a scary experience, but there are several things you can do to protect your physical and financial health.

• Seek Medical Attention: If it is safe to remain where you are, try not to move until a medical professional can assess your injuries. Spinal cord injuries can be worsened by improper care immediately following the injury. If you choose not to receive emergency medical services, you should still make an appointment with your primary care physician or head to an urgent care clinic as soon as possible. Waiting too long for medical care could jeopardize your health and claim. Seeking medical care soon after your accident helps link your injuries to the accident while preventing injuries from worsening. For example, road rash or lacerations could become infected without timely treatment.
• Report the Accident: Call the police to report the accident. Doing so creates a chain of evidence, such as the crash report, which can support your legal right to compensation.
• Document Your Injuries: Take photos of any visible injuries you have. You should also keep track of any bills or receipts related to the accident and your injuries, and ask for a copy of your medical records. These can help establish your less visible injuries and document their effect on your life.
• Don’t Speak to the Insurance Company Before Speaking With Your Attorney: Insurance adjusters know what to say and what questions to ask to trip up injured people. It is very easy to say something innocent that jeopardizes your claim. We recommend that you don’t speak to the insurance adjuster until after you have talked to your lawyer. They can prepare you for the conversation or handle any questions on your behalf. If you choose to handle the insurance adjuster on your own, ensure you don’t apologize or say that you are okay.

Affording a Lawyer After an Accident

With medical bills and lost income at the top of your mind, you may be unsure about the extra expense of hiring legal representation. However, personal injury lawyers generally take accident cases on a contingency fee basis.

A contingency fee basis means that upfront costs are taken on by the lawyer, instead of by you. You will only pay your attorney’s fees if they recover compensation. At that point, your lawyer will take an agreed-upon percentage of your settlement.