Motorcyclists are often at an increased risk of suffering serious injuries when involved in collisions. This is partially because motorcyclists lack the surrounding protection provided to drivers of sedans, vans, SUVs, pick-up trucks, and other motor vehicles.
When the negligent actions of another cause a motorcycle accident and you are injured, the negligent party should be held accountable for your damages. You can ensure your rights are upheld by seeking the help of a Mineola motorcycle accident attorney at the Law Office of Cohen & Jaffe, LLP.
Liability for Motorcycle Accidents in Mineola
Establishing liability is one of the most important steps in your Mineola motorcycle accident claim. Your lawyer can determine liability by investigating several factors, such as:
In many motorcycle accident claims, negligent or unsafe driving caused the collision. Some of the possible types of unsafe driving that may cause motorcycle accidents include:
- Distracted driving
- Aggressive driving
- Drunk driving
- Drugged driving
- Drowsy driving
Unsafe driving practices are not the only cause of motorcycle accidents. If a vehicle defect on your motorcycle or any other involved vehicle caused your motorcycle accident, you might have several parties who share liability for your injuries, such as:
- Safety inspectors
- Maintenance technicians
- Auto parts designers
- Vehicle manufacturers
- Auto dealerships
- Other third parties
These are only a few of the parties who could share fault for your motorcycle accident injuries in Mineola. Your attorney can provide more information about who could be at fault for your motorcycle accident injuries.
How a Mineola Motorcycle Accident Attorney Could Help Your Case
While you are recuperating from your motorcycle accident injuries, your attorney will be responsible for handling a wide variety of responsibilities. Some of the most important tasks your lawyer can take on in the hopes of recovering fair compensation for your damages include:
- Investigating the cause of the motorcycle accident
- Gathering evidence needed to support your case
- Working with accident reconstructionists to obtain evidence
- Calculating the value of your motorcycle accident damages
- Filing claims with the necessary insurance companies
- Representing your interests at trial, if necessary
Pure Comparative Negligence in Mineola Motorcycle Accident Claims
Many motorcycle accident victims are unsure whether they should reach out to a lawyer for help because they believe sharing fault for their injuries bars them from seeking compensation in the New York civil court system.
However, New York follows a pure comparative negligence system under CPLR § 1411. This means that if you share fault for the motorcycle accident in Mineola that caused your injuries, you can still recover compensation for your suffering. Your reward will simply be reduced by your assigned percentage of fault.
An Example of Comparative Negligence
Let’s look at a hypothetical example:
Jack was riding his motorcycle down the Long Island Expressway when a drunk driver struck him from behind. When Jack brought the drunk driver to court, it was revealed that he was not wearing a helmet at the time of his accident.
For this reason, the judge found him 20% liable for his injuries. Therefore, his $100,000 injury settlement was reduced by 20%, and Jack’s final motorcycle accident settlement amounted to $80,000.
Your attorney can answer any further questions or concerns you may have regarding how New York’s comparative negligence laws could affect your Mineola motorcycle accident claim.
Statute of Limitations for Motorcycle Accidents in Mineola
If you are ready to take action and pursue your Mineola motorcycle accident claim, you must move quickly because there is a deadline for personal injury lawsuits in the state of New York. Under CVP § 214, victims of motorcycle accidents and other personal injuries have just three years to get their claims filed before the statute of limitations expires.
It is important to note that the exact date that the statute of limitations will expire for your Mineola motorcycle accident claim can vary depending on several different factors, including the date of the accident, the date a medical professional diagnosed your injuries, and more.
You can prevent the statute of limitations from becoming an issue for your motorcycle accident claim by having a Mineola motorcycle accident attorney handle your case.
Calculating the Value of Your Mineola Motorcycle Accident Claim
While New York is a no-fault state for auto insurance, motorcyclists are not protected under this law. That means if you are injured in a crash that was not your fault, your only method of compensation may be to file a lawsuit against the at-fault party or file a claim with their insurance company.
There are two types of damages that you may be able to receive through an insurance claim or lawsuit:
The insurance company may be required to compensate you for specific types of economic damages, including:
- Medical care
- Property damages
- Loss of household services
- Ongoing and future medical care
- Lost income and earning capacity
The other type of damages you may qualify for are non-economic damages, which do not have a fixed monetary value. Some of the non-economic damages motorcycle accident victims may be eligible for include:
- Diminished quality of life
- Pain and suffering
- Scarring and disfigurement
- Loss of consortium (in the case of wrongful death)
If the insurance company is unwilling to compensate you for certain types of economic and non-economic damages, you may have the opportunity to file a civil motorcycle accident lawsuit.
Your lawyer can give you a better idea of how much your Mineola motorcycle accident claim could be worth and help you through the process of an insurance claim or lawsuit.
A Motorcycle Accident Lawyer in Mineola Can Help You
Your motorcycle accident injuries may continue to impact your life for years to come. Make sure you have access to the compensation you will need to get through the worst of your injuries and into a brighter future.
If you are interested in working with a Mineola motorcycle accident lawyer at the Law Office of Cohen & Jaffe, LLP, contact us today. We can give you a free, no-obligation consultation when you give our office a call at (516) 358-6900.
For a free legal consultation with a motorcycle accidents lawyer serving Mineola, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.