Baldwin Motorcycle Accident Lawyer
Some of the most serious accidents that happen on New York’s roads result from collisions between cars and motorcycles. Bikers place themselves into a vulnerable position whenever they ride, and even a low-speed collision can throw them from the seat and cause severe injuries.
State law affirms that motorcyclists are afforded the same protections as all other travelers. When a driver refuses to yield, does not properly signal, or otherwise acts negligently around a motorcycle rider, that rider may have the right to compensation if they are injured in an accident the driver caused.
A Baldwin motorcycle accident lawyer could work to represent the interests of an injured biker in claims against insurance companies and at-fault drivers. In the rare situation when a case needs to go to trial, a seasoned personal injury attorney could stand by your side throughout your case and help you pursue the compensation you deserve.
The Unique Nature of Motorbike Wrecks
Motorcycles do not have the same protective structures and safety features as passenger vehicles. Consequently, any crash involving a motorbike and a car is likely to result in devastating injuries for the motorcyclist. Accident victims may suffer from severe injuries such as broken bones, traumatic brain injuries, road rash, or paralysis. Unfortunately, many of these accidents are fatal.
While many motorcycle wrecks take place on highways, city streets and other highly populated roads may be just as dangerous. Drivers often fail to check their blind spots for motorcyclists and sideswipe them while switching lanes or turning.
Motorcycle Helmet Laws
Motorbike crashes also differ from other accidents because of helmet laws. All motorcyclists and passengers are required under state law to wear helmets that comply with the standards laid out by the New York State Department of Transportation. Failing to wear a helmet can result in more traumatic injuries following a wreck. A Baldwin attorney could explain the state’s rules and regulations regarding motorcycles and helmets in more detail.
How State Law Addresses Motorcycle Crashes
New York state law does not provide a specific way for a person to claim monetary compensation for their injuries after a motorcycle accident. Instead, injured parties must file lawsuits using the common law, a collection of court cases that combine to create a body of law that operates side-by-side with state statutes.
Injured bikers typically use the common law tort of negligence to demand compensation. To win a case based on legal negligence, a plaintiff must prove that the defendant owed them a duty to care for their wellbeing prior to the incident. They must also show that the at-fault driver did something to breach this duty, and that this breach directly caused their injuries.
All drivers assume a duty to protect other people they encounter on the road whenever they get behind the wheel, so they accordingly may breach this duty when they break a rule of the road and cause an accident. However, they can also breach this duty by driving in a reckless manner that is not necessarily a moving violation. A Baldwin motorcycle accident attorney could analyze the facts of a particular incident and determine if the defendant driver is at fault.
Statute of Limitations
One important matter that New York state law does specifically discuss is the time limit to file a claim. According to New York Civil Practice Law and Rules §214, any lawsuit alleging personal injury must be filed in court no more than three years from the date of injury. If this time limit passes, an injured plaintiff usually would be barred from collecting any compensation. It is imperative to consult with an attorney as soon as possible to ensure that all relevant paperwork is filed within the required timeframe.
Recoverable Damages After an Accident
At the core of any motorcycle accident claim is a personal injury. However, while it is true that a biker accident claim must have a physical injury as its core, the full impact of the accident on a person’s life may additionally be claimed as damages.
For example, a biker being thrown from their motorcycle may cause injuries that necessitate expensive surgery and extensive physical rehabilitation. If that rider is also forced to miss time at work during their recovery, though, they may also claim this loss of income.
A motorcycle wreck lawyer in Baldwin could likewise help an injured person make a claim for pain and suffering. This typically centers around actual physical pain associated with the injury but may include any mental anguish or loss of enjoyment of life that follows an accident as well.
Speak with a Baldwin Motorcycle Accident Attorney Today
If you were injured after a motorbike wreck, a Baldwin motorcycle accident lawyer may be able to help you pursue an at-fault driver and their insurance company for compensation. Most cases end with a fair settlement without ever needing to go to court. Contact an attorney today to schedule a consultation and see what may be possible in your case.