How Does A New York Motorcycle Accident Attorney Protect Your Rights

How Does A New York Motorcycle Accident Attorney Protect Your Rights

Safely driving your motorcycle on the streets of New York can be a challenge even on the best of days, and when an accident does occur, suffering serious injuries is sadly the norm rather than the exception. In the aftermath of such an accident, you are entitled to claim fair and reasonable compensation, but that is easier said than done. That is why you need the help and experience only a New York motorcycle accident attorney can offer.

How can our lawyers help you after an NYC motorcycle accident?

When you bring your case to us at Alex Yadgarov & Associates, you can rest easy knowing that we will leave no stone unturned in the pursuit of justice and fair compensation. We are a law firm that focuses on getting results and providing the best service possible. To that end, our team of New York City motorcycle accident attorneys will:

• Conduct a complete and unbiased investigation into your motorcycle accident.
• Advise you of your possible options and the likelihood of your case’s success.
• Work with accident, medical, and financial experts to create an insurance demand that accurately reflects the damages you’ve suffered.
• Take care of all the paperwork and procedural tasks involved with filing your claim.
• Negotiate with the insurance company and defense attorneys on your behalf to get the best settlement.
• Represent you in court and fight to protect your rights and obtain a fair and reasonable settlement.

What are the leading causes of motorcycle accidents in NYC?

The cause of your motorcycle accident will play a key role in determining who is to be financially accountable for your injuries. As such, some of the leading causes of motorcycle accidents in New York are:

• Speeding and aggressive driving
• Distracted driving
• Unsafe lane changes
• Unsafe left turns
• Driving under the influence of drugs or alcohol
• Disregard for traffic signs and signals
• Tailgating
• Road hazards
• Defects in the motorcycle

What are the most common injuries seen in motorcycle accidents?

Compared to cars and other vehicles, motorcycles offer very little protection to the rider and the passenger. Therefore, you are more likely to suffer one or more serious, life-threatening injuries, such as

• Road rash
• Spinal cord injuries
• Traumatic brain damage
• Head and neck injuries
• Broken bones
• Soft tissue injuries
• Chest injuries
• Catastrophic injuries
• Amputations
• Paralysis

What are the motorcycle insurance requirements in New York?

Before any motorcyclists can take to the streets of New York, they are legally required to at least have the minimum insurance coverage as mandated by the state. This is known as liability insurance, and it covers damages you may cause others. Every motorcyclist must have a minimum liability coverage of:

• $25,000 for bodily injury per person;
• $50,000 for bodily injury per accident; and
• $10,000 for property damage per accident.

Note that this is the minimum insurance coverage you must have to ride your motorcycle in New York. We always recommend that you have some additional coverage to better protect yourself from major financial consequences following an accident. You can do this by adding on insurance coverages such as

• Collision coverage—This coverage is best suited for riders with new and expensive motorcycles. It will cover the costs of repairs and replacement, regardless of who was at fault for the accident.
• Comprehensive coverage—This coverage protects you from losses suffered in situations when there is no accident. These include damages from fire and natural disasters, theft, and vandalism.
• Uninsured motorist coverage—While an injured rider can file a claim with the other party’s insurance to claim compensation, this approach would not be possible if the other party was uninsured at the time. Thus, you can rely on your own UM coverage to cover your medical expenses and damages.

Are motorcycle accidents covered under no-fault insurance?

No, motorcycle accidents are not covered under no-fault insurance. While individuals injured in car and other motor vehicle accidents in New York can claim compensation for the economic damages suffered, the same cannot be said for injured motorcyclists or motorcycle passengers. This is because Article 51 of the New York State Insurance Law specifically excludes motorcycles from its definition of “motor vehicles.” However, a pedestrian injured in a motorcycle accident can claim under no-fault insurance.

What are the damages that can be claimed by motorcycle accident victims?

As your motorcycle accident attorney in New York, we at Alex Yadgarov & Associates understand the immense financial stress you may come under as a motorcycle accident victim. Therefore, we make it our mission to gather all the available evidence and present a case that accurately reflects all the damages you have suffered. When we file a personal injury lawsuit on your behalf, we fight to ensure you receive compensation for the following economic and non-economic damages:

Economic damages

• All current and future medical and rehabilitation expenses
• Any cost connected to medical and rehabilitation (e.g., transport expenses, physical therapy, house calls, etc.)
• Lost wages and income
• Loss of future earning capacity

Non-economic damages

• Emotional distress
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium

What happens if you are partly at fault for the motorcycle accident?

If the court finds you partly at fault for the motorcycle accident that caused your injuries, your compensation is reduced by the fault percentage attributed to you. This is due to New York’s pure comparative negligence rule. For example, if you are claiming $100,000 in damages and the court determines you are 25% at fault for the accident, the final amount you can claim is $75,000.

Statute of limitations in New York: How long do you have to file your case?

As an injured person looking to claim compensation following a motorcycle accident, you must file your case before the statute of limitations expires. For a standard personal injury case against another party, you have three years from the date of the accident. Alternatively, if the accident resulted in a death, you are able to file a wrongful death lawsuit. The statute of limitation is set at two years from the date of death.

However, if you are suing the government, you must first file a Notice of Claims within 90 days of the incident. If you are unable to reach a favorable settlement, you have one year and 90 days from the day of the accident to file your claim.

Speak with a New York motorcycle accident attorney at Alex Yadgarov & Associates.

At Alex Yadgarov & Associates, our team of New York motorcycle accident attorneys will stand by your side, help you understand your options, and serve as both your sword and shield in the pursuit of justice and fair compensation. In the event of an accident, make your health and well-being your number one priority, and let us take care of the rest. Don’t hesitate to contact us at 866-995-9035 or info@yadgarovlaw.com to schedule your free consultation.

For further readings

Don't Miss the Deadline: New York City Motorcycle Accident Attorney Explains the Statute of Limitations

Comparative Negligence and Compensation: Motorcycle Accident Attorney New York Elaborates