Long Island Motorcycle Accident Lawyer

Motorcyclists throughout Nassau County, Suffolk County, and other parts of Long Island frequently face unique risks on the road. Even cautious riders can find themselves in dangerous situations caused by inattentive drivers, unsafe roadway conditions, or vehicles that fail to yield the right of way. Motorcycle crashes can cause even more damage than other types of motor vehicle accidents. The physical vulnerability of the motorcyclist is much greater, even when a helmet is used. Also, police sometimes jump to the conclusion that the motorcyclist was driving recklessly.

An experienced Long Island motorcycle accident attorney will have substantial experience dealing with the particular kinds of issues raised by motorcycle accidents. A knowledgeable personal injury attorney has the ability to make a strong case for you and get the compensation to which you are entitled. At Goldstein & Bashner, our attorneys understand the challenges riders face and may guide injured individuals through the legal process after a serious crash. Working with us may help you better understand your legal options and pursue compensation for medical bills, lost income, and other accident-related damages.

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What Are Common Hazards for Motorcycles?

While interstate highways have been the location of many motorcycle accidents, driving in more densely populated areas can also be dangerous. That is because drivers of automobiles frequently try to change lanes quickly, without noticing whether a motorcycle may be nearby. The American Motorcycle Association sponsored a study of motorcycle crashes that found that 59 percent of collisions happen in moderate to heavy traffic. Cyclists who try to lane split—moving up between cars that are stuck in traffic—must be very careful of these hazards.

In addition to heavy traffic and lane changes, motorcyclists may encounter other roadway hazards that increase the likelihood of collisions, including:

• Potholes
• Uneven pavement
• Debris in the roadway, potholes
• Poorly marked construction zones

These all can pose serious risks for riders, who rely on balance and traction to maintain control of their bikes. Sudden braking by vehicles, distracted drivers looking at their phones, or drivers turning left across traffic are also common scenarios that lead to motorcycle accidents. When these types of negligent actions cause a crash, a Long Island motorcycle accident attorney may evaluate the evidence and determine whether another party’s carelessness contributed to the incident.

Motorcyclists are also more exposed to environmental conditions than drivers in enclosed vehicles. Rain, wind, and reduced visibility may make it harder for riders to maintain control of their motorcycles. At the same time, these conditions may also make it more difficult for other drivers to see motorcyclists on the road. Because of these risks, riders often take additional precautions such as wearing protective gear and maintaining greater following distances. Unfortunately, even responsible riding practices cannot always prevent accidents caused by negligent motorists.

What to Know About Helmet Laws

Under current law, motorcyclists and passengers almost everywhere are required to wear helmets that comply with requirements set by the federal government. When purchasing a helmet, an individual should make sure to look for markings indicating that it complies with the standards issued by the Transportation Department. Motorcyclists must also have a permit that shows they have taken an approved course and passed a test proving they know how to operate the vehicle safely.

Sometimes, individuals are injured in a collision while not wearing a helmet. However, this does not necessarily mean you cannot recover damages. The courts today will usually impose a comparative negligence standard. Comparative negligence means that the injured party’s damages are reduced to reflect their own carelessness—in this case, not using a helmet. However, if you can show that the other motorist caused the accident through reckless driving, some compensation can still be obtained. 

The moments right after a motorcycle spill can be frightening. The pursuit of damages can be best accomplished by working with a seasoned lawyer. It is important for you to stay calm and not admit any wrongdoing. As soon as you can, you should get in contact with an experienced Long Island motorcycle accident attorney.

Who Can Bring a Claim Against A Negligent Party After a Motorcycle Crash?

Anyone who is involved in a motorcycle accident, as long as liability is in their favor, can bring a claim against a negligent party. This includes pedestrians, passengers, motorcycle operators, and other drivers. It is never too soon to start gathering important information, such as names and addresses of other people involved, road conditions, and witness accounts. Experienced motorcycle accident attorneys in Long Island know how to question potential witnesses to get the information that will be most helpful in winning the case or obtaining a favorable settlement.

Collecting Evidence

Motorcycle accident claims often require detailed investigation to determine exactly how the collision occurred. Evidence may include police reports, photographs from the scene, medical documentation, and statements from eyewitnesses who saw the crash unfold.  One smart thing to do is to take pictures of any injuries or damage to the motorcycle. A person should keep a comprehensive record of all medical expenses that are in any way related to the accident. Sometimes, individuals are injured in a collision while not wearing a helmet. However, this does not necessarily mean they cannot recover damages. The courts today will usually impose a comparative negligence standard.

In some cases, accident reconstruction specialists may analyze skid marks, vehicle damage, and road conditions to determine which driver was responsible. Our motorcycle accident lawyers in Long Island could coordinate these efforts to build a compelling case that clearly demonstrates negligence.

In addition to proving liability, injured riders must also document the full scope of their losses. Motorcycle accidents frequently result in significant injuries such as fractures, spinal trauma, road rash, or traumatic brain injuries. These conditions may require surgery, rehabilitation, and ongoing medical treatment. By carefully documenting these medical needs, your attorney could present a claim that reflects both immediate costs and the long-term impact of the injury on your life.

How are Motorcycles Treated Differently than Other Vehicles?

Motorcycles are treated the same as other vehicles except for two differences. Motorcyclists have a different license to drive a motorcycle than a car. There are also different ways the law treats people who have been injured while driving a car versus people who were injured while driving a motorcycle.

Motorcyclists need to have their standard license in addition to initially getting a motorcycle permit. Their licenses are usually classified as Class A, B, or C. Those are limited to motorcycles and mopeds. An individual can obtain a motorcycle license or permit at age 18 years, or age 17 if they have successfully completed a driver’s education course.

The New York State Motor Vehicle Department enforces the standard for motorcyclists, which is no different from someone driving any other motor vehicle. A motorcycle operator must obey the rules of the road the same way that an operator of a car has to observe them.

Insurance Issues

Insurance issues are often more complex in motorcycle cases than in other types of motor vehicle accidents. Surprisingly, motorists who have insurance on their cars frequently do not have adequate coverage for their motorcycles, perhaps because they see them as recreational vehicles. This is a mistake. You are more likely to suffer serious injury in a motorcycle crash due to the nature of the vehicle. A lawyer in Long Island could help you understand your insurance policy after a motorcycle crash.

Because motorcycle riders in New York are generally excluded from certain no-fault coverage rules, injured individuals may need to pursue compensation directly from the at-fault driver’s insurance provider. This process may involve negotiations with insurance adjusters who attempt to minimize the value of a claim. Our attorneys could help counter these tactics by presenting clear evidence of the rider’s injuries and the other driver’s responsibility for the crash.

In addition, riders may face substantial financial losses beyond their immediate medical expenses. Long recovery periods can prevent injured motorcyclists from returning to work, which may create additional economic hardship for them and their families. A well-prepared legal claim may seek compensation for lost wages, future medical treatment, and the physical pain and emotional distress associated with serious motorcycle injuries.

The Benefit of a Long Island Motorcycle Accident Attorney

For many injured riders, navigating the legal process after a crash can feel overwhelming. Medical appointments, insurance paperwork, and financial concerns often arise at a time when you are trying to recover from serious injuries. Whatever your situation, a seasoned Long Island motorcycle accident lawyer can help. We know that police accounts of accidents can sometimes be biased against the motorcyclist and are familiar with the particular kinds of injuries most likely to occur in motorcycle collisions.

At Goldstein & Bashner, we could provide guidance at each stage of the case, helping you understand your rights and pursue the compensation you deserve. Our attorneys will be diligent about gathering key evidence—including eyewitness accounts—and then putting this evidence together to build the strongest possible case. By investigating the circumstances of the crash and advocating for you, we help you seek fair compensation for the physical, emotional, and financial challenges caused by a serious motorcycle accident. Give us a call today to get started.