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 injured motorcyclist could still sue the motorist even if their actions contributed to the crash itself. For instance, if a motorcyclist ran through a red light, they could likely still pursue a legal claim against a driver who hit them while speeding. Even if a court determines that the motorcyclist was 75% to blame for causing the crash and the motorist was only 25% at fault, the motorbike rider could still sue the car’s driver, although they would not be able to recover 100% of their damages. They would likely only be able to recover 25% of their actual damages, which would be proportionate to the driver’s degree of fault.
What to Know About New York’s No-Fault Law
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. Our seasoned legal team could review the terms of your insurance plan to help you understand what kind of coverage you have available to you.
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 a 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. Our attorneys in Rockaway Beach could help ensure your motorcycle wreck claim is filed within the deadline for your best chance at maximum compensation.
Acting Quickly to Secure Evidence
In addition to statutory time limitations, you could also run into problems gathering and securing evidence to build a strong claim if you wait too long. Evidence can disappear either accidentally, such as when a police officer misplaces something in the station or police lab, or intentionally, such as when an at-fault driver has their car painted to remove evidence that they hit someone. People’s memories also become considerably less reliable over time. As time passes, witnesses are less likely to remember precise details about accidents, or be harder to locate, which could make proving the liability of the driver more difficult.
Contacting an experienced lawyer as soon as possible should be a top priority after any motorcycle wreck in Rockaway Beach. Our determined local legal team could get started on a detailed independent investigation of the accident to determine precisely what went wrong and identify who bears potential legal responsibility for your injuries. Our attorneys could use their practical skills and knowledge to establish liability and develop a robust claim for compensation for your injuries and other losses resulting from the motorcycle crash.
What Are Common Injuries From Motorcycle Accidents?
Motorcycle crashes are exceptionally dangerous, even compared to other types of motor vehicle wrecks. Because they do not have the safety of seatbelts to hold them on their bikes, motorcyclists are at risk of being thrown from their vehicles, onto the hard ground, and potentially into the path of oncoming vehicles. Without a steel frame, air bag, or bumper to shield them from harm, motorcyclists are also less protected from external impacts than drivers and passengers inside enclosed cars and trucks.
Consequently, the resulting damages can often be catastrophic. The devastating potential injuries from these types of crashes include:
- Broken bones
- Disfiguring scars
- Internal organ damage
- Back and neck trauma, including spinal damage
- Traumatic brain injuries
Many survivors of serious motorcycle crashes face long-term or even permanent physical, cognitive, and emotional impairments that can affect their overall quality of life. Sadly, motorcycle wrecks can also lead to fatalities.
Our compassionate Rockaway attorneys are familiar with the debilitating impacts that motorcycle wrecks can have on your life. Our team could work closely with you to fight for a full and fair recovery to compensate you for everything the accident has cost you.
We could consult with your doctors and other medical experts to discover the extent of your injuries and your future anticipated medical prognosis. We could learn how your injuries have impacted your ability to work and participate in your everyday life activities. In the sad event that a motorcycle crash led to the death of a loved one, our attorneys could help you hold the responsible parties accountable in a wrongful death suit.
Talk to a Rockaway Beach Motorcycle Accident Attorney Now
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 & Bashner could help.
