Rockaway Beach Motorcycle Accident Lawyer
Even if you wear a helmet and follow every traffic law, you may still be at risk of suffering severe injuries in a motorcycle accident caused by another person’s recklessness. On top of that, your right to sue the negligent motorist may be limited based on the severity of your injuries and your motorcycle insurance coverage.
Getting the best possible result from this sort of case, whether through insurance negotiations, a private settlement, or a civil court case, could be much easier with guidance from a qualified Rockaway Beach motorcycle accident lawyer. Through each step of the legal process, a tenacious personal injury attorney could ensure your rights are respected and help seek fair financial restitution for your losses.
Legal Options for Motorcycle Wreck Victims in Rockaway Beach
State laws are uncommonly kind to motorcycle accident victims in some ways and particularly harsh on them in others. On the one hand, New York is a “pure comparative fault” state, which means that, unlike in most other states, there is no share of fault a court can assign an injured person that would bar them from seeking recovery from other negligent parties. This fact means that even if a motorcyclist was not wearing a helmet or otherwise contributed to the severity of their injuries, they still have the right to seek compensation.
The state also follows a “no-fault” law regarding civil litigation based on motor vehicle accidents. Specifically, motorcycle accident victims must seek financial recovery through their insurance coverage before pursuing a lawsuit directly against the person at fault. Motorcycle crash victims will generally be barred from filing suit if they have not suffered a “serious injury” expected to have debilitating and permanent effects. Though many people dismiss the notion of getting adequate motorcycle insurance, it may be critical to getting compensation when a catastrophic accident occurs.
The specific losses a motorcycle crash victim could recover may depend on whether they seek restitution solely through insurance coverage or if they also pursue a civil lawsuit or private settlement demand. A local motorcycle collision attorney in Rockaway Beach could provide vital assistance in evaluating the circumstances of a collision and pursuing legal action that could maximize available compensation.
Act Quickly to Meet Filing Deadlines
Another possible roadblock to recovery is the statute of limitations applicable to all personal injury lawsuits, including accidents involving motorcycles, bicycles, and pedestrians. Under New York Civil Practice Law & Rules § 214, civil actions related to injuries suffered in a motorcycle wreck generally must begin no later than three years after the injury in question first occurred.
There are few exceptions to this rule, and trying to sue after this deadline passes will almost always end with a judge throwing the case out for being “time-barred.” The effective time limits for insurance claims are generally even shorter than this. Contacting an experienced lawyer should be a top priority after any motorcycle wreck in Rockaway Beach.
Talk to a Rockaway Beach Motorcycle Accident Attorney Now
Motorcycle crashes are exceptionally dangerous, even compared to other types of motor vehicle wrecks. Motorcyclists are less protected from external impacts than drivers and passengers inside enclosed cars and trucks. When you are hurt while riding a motorcycle, representation from experienced legal counsel could be crucial to protecting your long-term interests.
Speaking with a Rockaway Beach motorcycle accident lawyer today could put you on track toward the best possible resolution for your unique case. Call now to discuss how an attorney at Goldstein and Bashner could help.