New York Motorcycle Accident Attorney

New York Motorcycle Accident Claims

There are many reasons people involved in motorcycle accidents may not seek the compensation they may be entitled to. For example, they may be under the impression that their injuries are not severe enough to warrant the pursuit of a motorcycle accident insurance claim or lawsuit.

However, the type of injury you sustained is not necessarily what matters. What makes a difference is how your life has been affected by your injuries. With that being said, there are many types of injuries that could warrant recovery of motorcycle accident damages.

Injuries in New York Motorcycle Accidents

Some of the injuries experienced in New York motorcycle accidents may include:

• Internal bleeding
• Road rash
• Whiplash
• Concussion
• Amputation
• Post-traumatic stress disorder (PTSD)
• Broken bones
• Organ failure
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Head injuries
• Neck injuries
• Back injuries
• Sepsis
• Paralysis

If any of these or another type of motorcycle accident injury not listed above has significantly impacted your life, a New York motorcycle accident lawyer at our firm can help.

Why Are Motorcyclists at Higher Risk for Injury?

Most people know that motorcyclists are at an increased risk for injury compared to other drivers. This is partly because motorcycles do not offer as much protection from the surrounding environment as other vehicles. Even in single-vehicle motorcycle accidents, motorcycle riders are far more likely to suffer critical injuries.

Some other key motorcycle characteristics make them inherently dangerous, including:

• Low vehicle weight
• Low visibility due to size and vehicle profile
• The absence of a frame
• Being prone to instability

However, a motorcyclist being at an increased risk for injury does not mean that other drivers do not have an obligation to maintain the safety of the roadways and be aware of their surroundings.

No-Fault Insurance Laws in New York do Not Protect Motorcyclists

New York is a no-fault state for insurance purposes. However, motorcyclists are exempt from this law. This means that even if you file a claim with your motorcycle insurance company, they are unlikely to compensate you for your injuries and other damages.

Your best hope for compensation after a motorcycle accident in New York may be to file an insurance claim with the at-fault driver’s insurance company or file a lawsuit against them. Your lawyer can help you with this process from beginning to end.

Compensation for Motorcycle Accidents in New York

In your insurance claim or lawsuit against the at-fault driver, you could recover compensation for specific types of losses, which often include:

Economic Damages

Economic damages have a specific financial value and include things such as:

• Current and future lost wages
• Property damages
• Current and future medical expenses

Non-Economic Damages

You may also be eligible to recover non-economic damages, which do not have a specific financial value, but your lawyer can help you assign a monetary value to them. Some of these damages might include:

• Physical pain and suffering
• Diminished quality of life
• Disfigurement and scarring
• Costs of increased insurance premiums

If you lost a loved one in a motorcycle accident, you may also be able to claim these and other damages in a wrongful death case:

• Loss of consortium
• Loss of companionship
• Loss of household services

New York Vehicle Insurance Requirements

If you file a claim with the at-fault party’s insurance company, remember that it is only required to pay claims up to the limits of the at-fault party’s policy. According to the New York Department of Motor Vehicles (DMV), the minimum required coverage amounts for vehicle insurance in New York are:

• $25,000 per person in bodily injury liability coverage
• $50,000 per accident in bodily injury liability coverage
• $10,000 in property damage liability coverage
• $50,000 per person in death benefits
• $100,000 per accident in death benefits

If the at-fault party only has minimum insurance coverage and your damages exceed these amounts, you cannot count on the insurance company to cover these costs. Instead, you may need to seek additional damages through a motorcycle accident lawsuit.

You can get a more comprehensive idea of what your New York motorcycle accident case could be worth when you speak with your attorney about your damages in greater detail.

Time Limits for Motorcycle Accident Claims in New York

One of the biggest mistakes New York motorcycle accident victims can make is waiting too long to pursue their claims. Under CVP § 214, motorcycle accident victims may have up to three years to get their claim filed before the statute of limitations expires.

For family members who lost a loved one in a fatal motorcycle accident, the statute of limitations is shorter. Under EPT § 5-4.1, You typically only have two years to file your wrongful death claim.

Adhering to these deadlines is critical. Failure to file your motorcycle accident lawsuit before the New York statute of limitations expires will likely result in the dismissal of your case.

Get a Free Consultation with the Law Office of Cohen & Jaffe, LLP Today

You can get help dealing with profit-driven insurance companies and building a strong civil claim against the liable party for your motorcycle accident when you reach out to us at the Law Office of Cohen & Jaffe, LLP.

Our firm proudly offers no-cost, risk-free consultations to motorcycle accident victims across the state of New York. Take advantage of this opportunity when you call our office at (866) 878-6774. A New York motorcycle accident lawyer from our team looks forward to helping you seek the compensation you deserve.