At the Law Office of Cohen & Jaffe, LLP, our New York injury attorneys get many questions from clients regarding their rights and how motorcycle accident injury claims are handled. Below are answers to some of the most frequently asked questions. We hope you find the information useful.
If you have questions about a specific motorcycle accident case, please reach out to our knowledgeable and compassionate New York motorcycle accident attorneys. Call (516) 358-6900 today to schedule a free and confidential consultation.
Frequently Asked Questions in Regards to Motorcycle Accidents
What do I have to prove in a motorcycle crash lawsuit?
You must prove by a preponderance of the evidence that the at-fault driver acted carelessly or with disregard for safety and caused your injuries as a result of negligence.
An experienced personal injury attorney at Cohen & Jaffe will look for evidence of driver negligence during the motorcycle accident investigation to support your claim.
How long do I have to file a motorcycle accident claim?
The clock begins ticking as soon as the motorcycle accident happens. Typically, motorcyclists have three years to file a personal injury claim, according to New York’s statute of limitations. If you lost a loved one in a motorcycle crash, you have two years from the date of their death to file a wrongful death lawsuit.
It is critical that you consult with an experienced New York motorcycle accident lawyer as soon as possible after an accident. Building a strong claim takes time, and important evidence needs to be collected and preserved before it is lost.
What causes motorcycle accidents?
Motorcycle accidents are typically caused by driver errors such as violation of a motorcyclist’s right of way. It’s common for automobile drivers to say after an accident that they did not see the motorcycle. Other common causes of motorcycle accidents include:
- Improper lane changes
- Door accidents
- Drunk drivers
- A driver follows too closely
- A driver runs a stop sign or red light
What if I was hurt in a motorcycle accident caused by a dangerous road?
Not all motorcycle accidents are the result of a negligent or reckless driver. In some cases, the roads may cause an accident. Roads must be maintained to certain safety standards. For instance, if you crashed your motorcycle because of a pothole in the road, you may have a right to file a motor-vehicle injury claim and hold the municipality responsible for the injuries you suffered. Claims against government entities in New York have special notification requirements, so it is important to contact an attorney immediately after the accident.
What if a defective motorcycle part caused my accident?
In some cases, defective manufacturing or design can lead to an accident. The best way to determine if you have a claim is to consult with an experienced personal injury attorney.
A lawyer will investigate every aspect of your motorcycle accident to ensure that the liable party, whether it is the manufacturer or the designer of the part, is held accountable for the injuries you suffered.
How long will my motorcycle accident case take?
How long it takes to resolve a motorcycle accident case will depend on a variety of factors. Motorcycle crash lawsuits involving several liable parties may take longer to resolve than a case involving just one defendant.
Because every case is different, injured motorcyclists should consult with a New York personal injury lawyer to determine if they have a claim and how long it will take to resolve it.
Can a car accident affect my motorcycle insurance?
If you are not at fault for the accident, your rates are not going to go up. When you are at fault, your rates most likely will go up. Typically, the law enforcement officer will note on the police report who is at fault. This is similar to any other type of motor vehicle accident.
How much is a good settlement for a motorcycle accident?
A good settlement for a motorcycle accident will be one that covers all of your present and future losses related to the accident. The amount of compensation in motorcycle accidents varies widely depending on a range of factors, such as the facts of the accident, the severity of the injuries, the insurance available to provide compensation and the property damage involved.
An experienced New York personal injury lawyer can help you seek maximum compensation for:
- Past and future medical bills
- Lost wages
- The cost of repairing or replacing your motorcycle
- Pain and suffering
- Punitive damages, in rare cases where extreme misconduct led to harm
Should I hire an attorney after my motorcycle accident?
If you have been hurt in a motorcycle accident in New York, you need to speak to an experienced motorcycle accident lawyer as soon as possible. The legal process is complicated. A skilled and knowledgeable attorney can help you with every aspect of a personal injury claim.
A lawyer can help with all the necessary legwork, such as identifying the liable parties, gathering evidence, proving negligence, and seeking the maximum compensation available.
It is important to know that motorcycle accident victims’ families can also sue liable parties for wrongful death if the crash was fatal. While a wrongful death lawyer in Garden City will explain things in detail, it is crucial you learn that the statute of limitations for wrongful death in New York is two years from the date of the person’s death. The sooner you take your case to an attorney, the better chances you have to recover economic and non-economic damages. The more you wait, the “colder” and useless the evidence becomes.
How much does it cost to hire a motorcycle accident lawyer?
When you hire an attorney from the Law Office of Cohen & Jaffe, LLP, you will not owe a legal fee unless we win your case. We handle motorcycle accident cases on a contingency fee basis. We receive a legal fee if we successfully settle your case or obtain a court award. The fee is a percentage of the amount recovered. Contingency fees help accident victims obtain experienced legal counsel without having to pay a legal fee out of pocket. It also provides lawyers with the motivation to seek the maximum settlement possible.
How common are motorcycle accidents?
Unfortunately, motorcycle accidents are quite common in New York and throughout the country. In 2018, a total of 149 motorcyclists lost their lives in motorcycle crashes in New York, according to the National Highway Traffic Safety Administration (NHTSA).
During the period from 2009-2018 in New York, the number of motorcycle accident fatalities averaged 146 deaths per year, according to the NHTSA. The rates of death were highest for males and those between the ages of 20 and 44.
In New York, on average, there were 1,558 hospitalizations every year due to motor vehicle traffic-related motorcyclist injuries. There was an average of 4,458 emergency room visits each year due to motor vehicle traffic-related motorcyclist injuries.
What should I do after a motorcycle accident?
If you are injured in a motorcycle accident, the first thing you should do is seek medical attention. Call 911 immediately and let the dispatcher know if you or others are injured. Help the dispatcher determine how many ambulances are needed.
If your injuries do not require emergency medical assistance, try to collect the contact information for any witnesses to the motorcycle crash. Document the accident scene by taking photos from different angles and distances, including any road hazards and the damage to your motorcycle. Obtain the insurance information of all vehicles involved in the crash. Take pictures of the license plate numbers.
Even if you don’t think you were seriously injured, you should see a doctor. Traumatic brain injuries (TBIs), for example, are one of the most common effects of a motorcycle accident. TBIs and some other serious injuries may not have symptoms that are noticeable right away. Make sure you keep records of all medical expenses and other economic losses, such as lost income.
Have a knowledgeable New York motorcycle accident lawyer review the accident and explain your legal rights. An attorney can help you determine if you are entitled to claim compensation. A personal injury attorney can help you fight for full and fair compensation if the crash occurred due to another party’s negligence.
Call Our Experienced Long Island Motorcycle Accident Law Firm
At the Law Office of Cohen & Jaffe, LLP, our Long Island personal injury lawyers have more than 100 years of collective experience. We have recovered millions of dollars in settlements and verdicts for victims of personal injury incidents, including motorcycle accidents. When you hire us, you will work directly with our law partners, Richard Jaffe and Stephen Cohen.
The Law Office of Cohen & Jaffe, LLP can help you with a wide variety of issues that come with a serious motorcycle accident, such as getting the appropriate medical care, negotiating with insurance adjusters and filing a lawsuit if necessary.
When you have an experienced New York motorcycle accident attorney on your side, your chances are improved of recovering financial compensation for your injuries. Don’t try to handle a motorcycle injury claim on your own. Contact the Long Island motorcycle accident attorneys at the Law Office of Cohen & Jaffe, LLP today by calling (516) 358-6900, and we can discuss your legal options.
For a free legal consultation, call 516-358-6900