Bronx Motorcycle Accident Lawyer
Accidents involving motorcycle riders and other vehicles can be quite serious. The riders of the motorcycles are in a vulnerable position and the physical injuries and mental anguish associated with accidents can be severe.
While aggressive insurance companies may try to make the accident seem like your fault for simply riding a motorcycle, the fact of the matter is that motorcycle riders have just as much right to fair compensation as other drivers when the other person is at fault.
Bronx motorcycle accident lawyers work with bike riders who have been involved in accidents to gain the fair compensation that they deserve. Contact an experienced injury lawyer right away to begin your case.
Motorcycle Accident Claims
Most motorcycle accident cases revolve around the legal concept of negligence. Negligence is the idea that certain people owe a duty to protect others and by an action that they take, cause harm to come to others. There are five portions, or elements, that must be met for a successful negligence claim:
- Duty – In certain circumstances, people have a responsibility, or duty, to ensure that others do not come to harm. All drivers have this duty to protect other drivers and pedestrians when they are behind the wheel. Because of this, the duty element is not often contested in a motorcycle accident negligence case.
- Breach – The plaintiff must demonstrate that the defendant’s actions, or lack of actions, caused the defendant to fail in their duty to protect others from harm. Examples of this can be speeding, rear-ending, or improper lane changes.
- Cause – It must be proven that the accident was the proximate cause of the injuries. Insurance companies will often attempt to argue that the injuries were not caused by the accident.
- Scope – The plaintiff must show that the injuries were foreseeable from the defendant’s negligence. This is generally not at issue in a motorcycle accident case as collisions between motorcycles and other vehicles often result in injury.
- Damages – A plaintiff must be able to show that there are physical injuries resulting from the defendant’s negligence.
Statute of Limitations
One other aspect of a personal injury claim in New York is the legal idea of statute of limitations. According to NY CPLR § 214, plaintiffs have only three years from the date of the accident to file a claim in court.
While most cases do not go to court, insurance companies know that by delaying a settlement, they can run out the clock. Bronx personal injury lawyers work to quickly evaluate a case, send a demand package to the insurance company, and determine if a court filing is necessary.
Steps to Take to Help a Motorcycle Accident Case
Your main focus should be on your recovery. However, keeping documentation received from the police and doctors can go a long way toward moving your case forward. Some of the most persuasive evidence you can have is a copy of the police report from an accident.
The police who respond to the scene are required to produce this report. It is an impartial piece of evidence afforded great weight by both insurance companies and juries. Other documents to gather are doctors’ notes and bills.
This is very persuasive in speaking toward the extent, cause, and financial impact of your injuries. Our firm forms these documents into a demand package to negotiate with insurance companies to fight for fair compensation. Contact one of the Bronx motorcycle attorneys at Goldstein and Bashner today.