If you suffered injuries in a motorcycle accident, a Long Island motorcycle accident lawyer with our firm can help pursue damages, identify the liable party, and file a case.
The Law Office of Cohen & Jaffe, LLP advocates for victims of motorcycle accidents, and we want to see how we can serve you. While you rest and recover, we can handle the entirety of your claim or suit.
Motorcycle Injuries Can Be Severe and Costly
Motorcycle injuries or fatalities can become quite costly. The National Highway Traffic Safety Administration (NHTSA) reports that in 2019, over 5,000 motorcyclists died in an accident. Further, the Insurance Information Institute (III) says that 84,000 were injured in motorcycle collisions in the U.S.
Some examples of motorcycle accident injuries include:
- Broken bones
- Loss of limbs
- Scarring and lacerations
- Internal bleeding
- Organ damage
- Traumatic brain injuries (TBI)
- Post-traumatic stress disorder (PTSD)
- Spinal cord injuries
- Hip injuries
Your injuries may require surgeries and ongoing rehabilitation. If you suffered a permanent disability, you may not be able to return to work. If you lost a loved one, you may be facing mounting expenses due to their unexpected absence.
T-Bone Accidents Can Cause Even More Severe Injuries
A broadside accident is commonly referred to as a T-bone crash and involves the front end of one vehicle striking the side of another vehicle. Any broadside motorcycle accident is likely to involve serious injuries to the rider.
Motorcyclists have very limited protection. A collision in which the motorcycle is struck on the side by another vehicle puts the motorcyclist at risk of severe harm. Even when the motorcycle strikes another vehicle, the motorcycle rider may be thrown from the bike into the side of the vehicle or onto the pavement and sustain injuries.
If you suffered severe injuries or your loved one has been killed in a T-bone motorcycle accident on Long Island, our motorcycle accident attorneys can protect your legal rights.
Potential Forms of Compensation
We can assess your damages and assign a value to your case. Some examples of compensation you may receive include:
- Current medical expenses, such as emergency room care, surgeries, medication, and doctor’s appointments
- Future medical expenses, such as ongoing treatments and therapy and home modifications
- Lost wages for the income you sacrificed while recovering
- Reduced earning capacity if your injuries keep you from returning to work or earning as much income
- Pain and suffering
- Loss of quality of life if your injuries prevent you from engaging in the same activities you once did
- Scarring and disfigurement
- Permanent disability
When you work with us, we will leave no stone unturned when assessing your losses. We will gather the evidence necessary to negotiate a fair settlement with an insurer or pursue a court-awarded offer.
Proving Negligence in a Motorcycle Accident
An insurance company may assume that blame lies with the motorcycle rider and claim that they were speeding, driving recklessly, or driving intoxicated.
Another typical cause of motorcycle accidents is when another driver causes the collision by violating the motorcyclist’s right-of-way in an intersection. This event often occurs when the other vehicle turns left in front of an oncoming motorcycle.
The motorcycle accident attorneys at the Law Office of Cohen & Jaffe, LLP know how to counter the anti-motorcycle bias and stand up for your rights.
A Negligent Driver May Be Liable
Motorcycles appear smaller in the side and rearview mirrors than cars or trucks, which can mean that inattentive passenger vehicle drivers fail to notice oncoming motorcycles when scanning the road ahead.
They may inaccurately estimate the speed of oncoming motorcycles, leading to passenger vehicle drivers turning into oncoming riders or causing sideswipe accidents. Some drivers also cause motorcycle accidents when they fail to check their blind spots before merging into a neighboring lane.
New York Motorcycle Laws
According to the New York State Department of Health, the law requires that all motorcyclists wear helmets that comply with federal DOT helmet requirements. Research also shows that helmets are responsible for preventing hundreds of motorcyclist fatalities each year.
According to the Centers for Disease Control and Prevention (CDC), research shows that helmets reduce the risk of death in a motorcycle crash by 37% and reduce the risk of potentially life-altering head injuries by 69%.
Other Motorcycle Laws
New York law also requires that motorcyclists wear protection of their vision when riding, so consider choosing a helmet with a visor. Otherwise, you’ll need to find goggles or other protective eyewear to fulfill this requirement. Other helmet features that provide improved safety include:
- Helmets with thermoplastic or reinforced composite shells: These materials bolster helmets with a strong outer shell, providing a robust first line of defense against a head injury in a crash.
- Full-face helmets: Full-face helmets offer riders the most protection for the face, head, and chin. Riders still have enough visibility to keep them safe when wearing even full-face helmets.
- Snell Memorial Foundation certification: This organization conducts thorough safety testing on motorcycle helmets, including tests of the shell, chin bar, and face shield’s ability to withstand impact or penetration.
Even if you were not wearing a helmet at the time of the accident, we can still work to hold the driver who hit you accountable for your losses. If an insurer tries to undervalue or deny your claim, we will fight for fair compensation.
How New York’s No-Fault Insurance Laws Can Affect Your Case
New York is a no-fault state when it comes to insurance coverage for passenger vehicle drivers, but motorcyclists are excluded from no-fault laws. So, motorcycle riders aren’t guaranteed the same lost wage and medical cost coverage that passenger vehicles are entitled to receive.
However, there are certain no-fault aspects to New York motorcycle insurance coverage. For example, a pedestrian injured in an accident with a motorcycle can obtain no-fault coverage for their injuries through the motorcyclist’s insurance coverage, as can a driver or passenger in another vehicle who was injured in a crash involving a motorcycle.
Minimum Insurance Requirements May Not Cover Your Losses
As with insurance coverage for passenger vehicles, New York imposes certain minimum amounts of insurance that motorcycle riders must carry. Motorcyclists must carry coverage of at least $25,000 to cover another individual’s injuries in a crash, $50,000 in bodily injury costs per motorcycle accident, and $10,000 in coverage for damage to other people’s property. Riders must also carry an equivalent amount of uninsured/underinsured motorist coverage.
Carrying the bare minimum amount of insurance coverage may not pay off in the long run. Motorcyclists are more likely to be seriously hurt when they’re involved in a crash. Serious accident victims often incur exorbitant expenses, leaving them with huge amounts of medical debt as they try to get back on their feet after an accident. Their coverage limits may not cover their losses fairly.
A Lawsuit Can Allow You to Pursue Fair Compensation
Motorcyclists don’t have to meet the “serious injury” threshold that drivers of passenger vehicles must surpass to file a lawsuit against an at-fault driver.
If you do not have enough coverage under your policy, we can take legal action on your behalf and file a lawsuit against a negligent driver. Lawsuits usually allow victims to pursue additional damages that no-fault insurance may not cover, such as pain and suffering.
How Our Law Firm Can Help You
When we take you on as a client, we assume all of the responsibilities of the legal process so you can focus on healing and spending time with your loved ones.
Here are the ways we can serve you:
Investigating Your Case
We can use accident reconstructionist and eyewitness testimony to determine how negligence may have played a role in your accident. We may gather other forms of evidence, such as police reports and traffic camera footage, to prove a negligent party liable for your losses.
Filing an Insurance Claim
Depending on the coverage you carry, we can seek compensation through your own policy. If an insurer tries to undervalue or deny your claim, we can counter their findings of fault with our own evidence.
We can also use the evidence of your losses to negotiate for a fair settlement. When we handle your claim, you will not have to worry about what to say to insurance adjusters since we will handle all of the communication for you.
Filing a Lawsuit
If you cannot receive fair coverage through your insurer, we can file a lawsuit against the liable party. When we take legal action on your behalf, we handle all of the paperwork required. We can even take your case to trial and seek a court-awarded offer.
Keeping You Updated on Your Case’s Progress
We don’t want to leave you guessing about what will happen in your case. We afford all of our clients personal attention, and we make ourselves available to answer questions and give you updates on the progress of your case.
Handling Your Case on a Contingency-Fee Basis
We do not want you to worry about how you are going to afford a lawyer from our firm. We handle motorcycle accident cases on a contingency-fee basis, meaning we never charge upfront fees to begin working for you.
We only take our payment if we win compensation for you. This fee structure helps alleviate your financial burden and lets you know that we will work hard on your case.
You do not Have an Unlimited Amount of Time to File a Lawsuit
If you choose to file a personal injury or wrongful death lawsuit, you must do so within New York’s statute of limitations. These are deadlines that can affect your ability to pursue compensation through the courts.
According to CVP § 214, you only have three years from the date of the accident to file a personal injury lawsuit. Under EPT § 5-4.1, the deadline for filing a wrongful death lawsuit is even shorter: two years from the passing of your loved one.
While two or three years may seem like ample time, a lawyer with our firm must have enough time to investigate your accident, collect evidence, and negotiate with insurers. The sooner you call us, the sooner we can get started on your case.
What Happens if You Miss the Deadline?
If you fail to abide by the state-imposed deadlines, you run the risk of seeing your case dismissed from court. A civil suit may be your last avenue to pursue fair compensation, so act quickly. Do not let a negligent driver get away with causing your injuries without a fight.
Pursuing Justice with the Law Office of Cohen & Jaffe, LLP
The lawyers at the Law Office of Cohen & Jaffe, LLP can offer you dedicated legal help after a motorcycle accident on Long Island. Even experienced and attentive drivers are at risk of being involved in a motorcycle crash on Long Island and may incur thousands of dollars in medical expenses, lost wages, and property damage costs when these crashes happen.
For a free legal consultation with a motorcycle accidents lawyer serving Long Island, call 516-358-6900