Motorcycle Accidents | Personal Injury Lawyers & Attorneys
The Vehicle and Traffic Law establishes rules of conduct that must be obeyed by motorists. Included in these rules is a duty that all motorists operate their vehicle in a safe manner to prevent injuries to others on the roadway, including motorcyclists. If the operator of another vehicle does not operate their vehicle safely, and as a result, you are injured, you have a right to pursue a claim for your personal injuries.
The dangers facing motorcyclists on our highways are on the rise because drivers are increasingly distracted while driving. When a car collides with a motorcycle, the physically exposed rider is almost certain to suffer catastrophic injuries. After an accident, riders have questions about the legal steps that should be taken and how they can recover compensation for the pain, suffering and lost earnings that have resulted from the motorcycle accident.
Frequently Asked Questions about Motorcycle Accidents
Our personal injury lawyers provide answers to some important questions below.
Dealing with your bills after a motorcycle crash can be very stressful and overwhelming if you are not working while you are healing. If you are unable to work, you should immediately apply for disability benefits. Additionally, a personal injury lawsuit should be pursued against the other driver(s) and any other person or party that may be responsible for your injuries. In some instances, it may be worth considering a loan against your home, your 401k or against your future settlement to help you with your immediate needs until your personal injury lawsuit is settled or resolved by a trial.
There is no exact answer to that question. How long a case takes depends on many factors including how the case happened, how many defendants are in the case, the extent of the injuries, the nature of your recovery from your injuries, and whether the case resolves by way of settlement or trial. However, in general, a personal injury motorcycle case can take anywhere from 6 months to 2 years to resolve and in some instances, it can take longer than 2 years. Keep in mind, the full extent of your injuries may not even be known until that time period is over. A quick resolution to your case may not be in your best interests. For additional information about how long a personal injury case takes see the blog “How Long Will My Personal Injury Case Take?”.
All medical costs should be paid for by your personal health insurance. Any co-pays that are required will have to be paid by you at the outset. If you are uninsured, depending on your income, you may apply for emergency Medicaid. If you are uninsured and make too much money to qualify for Medicaid, you should apply for health insurance immediately.
Andy: Who will pay for my medical expenses if I’m involved in a motorcycle accident.
George: In New York, there’s a no fault law, but it does not apply to motorcycles. So typically in a in New York and a car accident case, the insurance the automobile insurance would pay for those medical expenses, but not in a motorcycle case. Private health insurance has to be used to pay for any medical expenses in a motorcycle crash case. Now, if the person doesn’t have health insurance, then they’ll have to either pay it out of pocket while the personal injury case is pending or depending on their income, if they don’t make a lot of money, they may qualify for Medicaid and in fact, emergency Medicaid could kick in and it would look back 90 days to see if you know, what expenses were incurred as a result of the motorcycle crash case. The other option is to immediately apply for health insurance, but it would be private health insurance, and that that private health insurance wouldn’t kick in until the date that you receive the coverage, unlike the Medicaid, which would be emergency Medicaid and would look back 90 days. So motorcycle crash case, private health insurance. If you don’t have private health insurance, apply for emergency Medicaid to see if you qualify, You may have to pay it out of your own expense or out of your own pocket or apply for regular health insurance as soon as possible. Thanks for watching. Hopefully this video is helpful. If you have any additional questions, please feel free to give us a call at 844-Recover or visit our website at WWW.LAWYERS4THEINJURED.COM.
You shouldn’t. But in the short term, until a personal injury lawsuit can be finalized, unfortunately these are costs that must be paid by you. With a successful personal injury claim, your out of pocket costs can be reimbursed. Until then, please make sure you continue to pursue all medical treatment which will help your personal injury lawyer prove the full extent of your injuries.
The short answer to this question is that “no-fault” does not apply to accidents involving motorcycles in New York State. “No-fault” insurance applies to car, truck and bus accidents rather than accidents involving motorcycles. Under Article 51 of the New York State Insurance Law motorcyclists and their passengers are excluded from coverage. Because motorcycles are not considered to be motor vehicles under Section 5102(f) of the law, they are not covered by no-fault insurance.
What is “no-fault” insurance?
No fault insurance is a part of a person’s automobile insurance coverage and provides payment for medical expenses, a percentage of lost earnings, and travel expenses to and from medical appointments for a person who is injured in a motor vehicle accident or struck by a motor vehicle as a pedestrian.
Sadly, many people who are involved in motorcycle crashes have such serious injuries that their lives and working careers are forever altered. In these cases, it is crucial to pursue a claim against all potential defendants to receive the maximum amount of money for your pain, suffering, emotional damages and lost wages.
No. Typically, there is no charge for your consultation with an accident attorney. In fact, in NY, traditionally when you hire a personal injury lawyer to handle your claim, you will not be required to pay any money to retain or hire the lawyer. Rather, these types of cases are often handled on a contingency fee basis which means your lawyer is only paid a legal fee if the case is successful.
After contacting a lawyer, the lawyer should conduct a full investigation as to how and why the crash occurred. This includes speaking with witnesses, obtaining the police investigation, obtaining photographs, considering all possible claims and theories of liability against any potential defendant, and dealing with the insurance company for the persons who injured you.
The lawyer should obtain all of your medical records to evaluate the extent of your physical and emotional pain and suffering. The lawyer should also analyze your economic losses including any out-of-pocket expenses and lost earnings. Once your full damages are understood, your attorney should attempt to obtain a financial settlement of your case. While the best personal injury lawyers should prepare you and your case for a trial, the best lawyers will also work hard to obtain a settlement for you to consider.
If the matter cannot be resolved by way of a settlement, your attorney will file a lawsuit on your behalf. Once a lawsuit is filed, your lawyer and his team will prepare all necessary paperwork to be exchanged with the defendants’ attorneys, conduct examinations before trial (depositions), work with experts and get your case ready for trial.
Throughout the process, your personal injury attorneys should keep you informed of any developments in your case, provide guidance on your options, and advocate for your best interests every step of the way.
If there is damage caused to a vehicle in excess of $1,000, or if someone died in the crash, a DMV accident report is required to be filed within 10 days of the accident. It is recommended that you speak with an attorney before completing and submitting the form.
No. Because the no-fault law does not apply to motorcycle accidents, you do not need to prove that you’ve suffered a serious injury (as defined by NY law) to sue the driver who caused the accident.
Yes, if you have Supplemental Underinsured Motorist (SUM) Coverage on your motorcycle policy. Under the terms of your SUM Policy, you will receive additional protection in the event the driver who hit you has a bad policy. In other words, if for example, the driver who hit you has only a $25,000 policy, but you have a SUM policy that has, for example, a coverage limit of $100,000, you can pursue the difference between these two policies, totaling $75,000, from your own policy.
Timeline of a Personal Injury Case
- If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf
- Meet with a lawyer to discuss the incident
- Bring medical records or other relevant documents including an accident report if available
- Your lawyer will help you understand the process of a personal injury case
- Follow the doctors’ advice
- Go to all medical appointments
- Report all symptoms to doctors
- Take photos of injuries
- Tell lawyer anytime a new doctor is seen
- Determine how and why the injury occurred
- Speak with witnesses
- Obtain any investigative reports
- Obtain scene, vehicle and product photos, as applicable
- Obtain medical records and bills
- Consider all possible claims and theories of liability against any potential defendant
- Consult with experts
- Communicate and negotiate with the insurance company
- Obtain a settlement or pursue a lawsuit
- File a summons and complaint prior to the statute of limitations
- Serve the legal documents on the defendants
- Prepare and exchange evidence with the other lawyers in the case
- Conduct depositions of all relevant parties (also called EBTs)
- Defense medical examination conducted
- File motions (written applications) to the court if necessary
- Participate in arbitration or mediation if appropriate
- Determine liens if any
- Settle the case or proceed to trial
- You have the right to a trial by jury or by the judge who will act as both judge and jury
- At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
- The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision
Recent Verdicts & Settlements
Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.
Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.
Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.
Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.
Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.
Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.
Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.
Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.
Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.
Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body. He also suffered from short and long term memory deficits and other cognitive deficits.
Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.
* Prior results do not guarantee future outcomes.
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