Get Full Compensation After a Motorcycle Accident on Long Island
Whether you enjoy the greater fuel economy that a two-wheeled vehicle offers compared to traditional four-wheeled vehicles, or you can’t get enough of the feeling of fresh wind blowing through your hair, Long Island motorcycle riders are usually committed to riding their bikes as often as possible.
Every state recognizes motorcycles as “vehicles” or “motor vehicles” that have the same rights and the same responsibilities as cars, trucks, buses, and other similar vehicles. However, motorcycles are quite unlike four-wheeled vehicles because a simple collision between two four-wheeled cars that may only result in a dented bumper or slight bruising can cause severe injuries if a motorcycle rider is involved. These injuries can cause you or your loved one more than just physical pain: You may need to undergo expensive and invasive surgeries, miss considerable amounts of time from work, and be prevented from participating in hobbies and activities you may have once enjoyed. When this happens, an experienced attorney with Parker Waichman LLP can help you get compensation for all of the ways you have been harmed.
Common Causes of Long Island Motorcycle Accidents
Like many Long Island motor vehicle crashes, motorcycle wrecks often come about because another driver does not act carefully and with due regard for the safety of others on the road. Some motorists may even believe motorcycle riders to be arrogant or inconsiderate and, as a result, may deliberately engage in driving behaviors that put the motorcyclist’s health and life in danger. This may include:
- Failing to maintain awareness of motorcyclists and other drivers who may be near, to the side of or behind the motorist
- Failing to signal a turn or stop or operating a motor vehicle that does not have working turn signals and/or brake lights
- Failing to yield the right of way to a motorcyclist when appropriate
- Passing a motorcyclist with insufficient clearance
- Following a motorcycle too closely
- Racing alongside a motorcyclist
- Opening a car door suddenly without looking for approaching motorcyclists
These and other similar behaviors can be disastrous to nearby motorcyclists. Protective gear such as pants, jackets, gloves, and especially a helmet can help reduce the likelihood of severe injuries or a motorcycle death, but Long Island motorcyclists are never going to be as protected as drivers and passengers of automobiles in the event of a collision.
Common Injuries Sustained by Long Island Motorcycle Operators and Their Passengers
A motorcyclist can easily suffer one or more of the following injuries in a crash:
- Traumatic brain injuries and head injuries
- Injuries to the spinal cord and/or spinal column and neck
- “Crushing” injuries from being pinned beneath the motorcycle and/or pinned between the motorcycle and another vehicle or object
- Loss of limbs or appendages like fingers, hands, arms, feet, and/or toes
- “Road rash,” extreme and painful abrasions that are the result of the motorcyclist sliding or skidding across the pavement after being thrown off of their bike
- Broken bones
As serious as these physical injuries are, they are rarely the end of the story for motorcycle crash victims. It’s quite common for injured motorcyclists to have mental trauma (such as post-traumatic stress disorder, or PTSD) in addition to physical injuries and trauma. While broken bones may heal and amputated limbs can sometimes be reattached or fitted with a prosthetic limb, emotional and mental trauma may not heal for years after the crash (if at all). Recovery can be expensive, as an injured motorcyclist may find themselves facing:
- Medical costs, including the costs of reparative or restorative surgeries designed to restore some or all of the motorcyclist’s functioning
- Costs of therapy and rehabilitation necessary to maximize the motorcyclist’s ability to maintain independence and return to work
- Medical devices to assist with mobility and/or home health care services
- A decrease in earnings brought on by time missed from work and/or an inability (whether temporary or permanent) to return to work
- Costs associated with mental health services
In addition, some losses, like mental pain and suffering and the loss of enjoyment of life, do not have a price tag affixed to them. Compensation can also be owed to loved ones left behind after a fatal motorcycle accident. Long Island residents are entitled to compensation for all of their losses, economic and non-economic, if they are caused by another person’s negligent conduct behind the wheel.
Do I Have Grounds for a Motorcycle Accident Claim?
If you have been injured in a motorcycle crash, you may be entitled to recover financial compensation for your injuries and any costs you incurred if another motorist’s behavior is determined to be negligent and found to be a primary cause of your injuries:
- Negligent Conduct: “Negligent conduct” is simply behavior or actions that are reckless or careless or demonstrate a lack of due regard for the safety of others. Each state’s laws presume that a person owes others a legal duty to not behave in a way that endangers the safety or well-being of others. Conduct is determined to be negligent if a reasonable person placed in the same situation would have acted differently. Conduct may also be presumed to be negligent if it violates the laws of the jurisdiction. Speeding or failing to use a turn signal will almost always be found to be negligent behavior, as will driving under the influence of alcohol or drugs or driving while drowsy.
- Causation: Even if another driver or motorcyclist is found to be careless, a motorcycle injury victim may not be entitled to damages if the negligent behavior did not cause the wreck and/or the injured motorcyclist’s injuries. Some states require that the at-fault person be wholly and completely responsible for a motorcyclist’s injuries in order for the motorcyclist to obtain monetary damages; other jurisdictions require only that the at-fault individual is the primary cause of the crash and the resulting harm the motorcyclist experiences. In a small number of states, even a small amount of causation is sufficient to entitle the motorcyclist to recover some amount of compensation.
If you are unable to produce sufficient compelling evidence showing that the at-fault driver acted carelessly and/or that they were the cause of your injuries, your claim for compensation may be denied. Because proving these elements can be challenging, it’s always a good idea to have experienced and knowledgeable legal counsel by your side at each step of the recovery process.
If you’ve been in a motorcycle accident on Long Island, an attorney can not only help determine whether you have a provable claim for compensation early in the process but also help you secure witnesses and evidence that will support your case, such as:
- Your medical records, bills, invoices, and other similar documents along with the testimony of medical professionals who can explain the treatment you received and its costs
- Eyewitnesses who either saw the crash occur or interacted with you and/or the other involved motorists after the crash
- Photographs, diagrams, reports or other similar documentary evidence prepared by either you or others who witnessed the accident
- Reports of accident reconstruction experts and/or other experts who analyzed the circumstances of the crash
Not only must there be sufficient evidence and witness testimony available to prove your case, but you must also bring your lawsuit within the amount of time specified by New York‘s statute of limitations. A motorcycle crash lawsuit filed after the expiration of the statute of limitations will almost certainly be dismissed without any determination of fault and without any consideration of the damages you might otherwise be entitled to receive. Even in clear-cut cases of negligent behavior, an injured motorcyclist may receive no compensation at all if their lawsuit is not filed in time. It’s also crucial to note that these deadlines vary depending on whether the case concerns a personal injury accident or a fatal motorcycle accident on Long Island. It’s essential that you speak with a qualified and knowledgeable motorcycle crash lawyer as quickly as possible to protect your right to pursue a legal claim.
Stages of a Motorcycle Accident Injury Case on Long Island
The process through which your motorcycle accident lawsuit will proceed may seem to be foreign and confusing, but it need not be. Parker Waichman’s experienced attorneys are here to help guide you through every stage of the recovery process. We will prepare you for the road ahead so you know what to expect, and we will be there to explain what is going on with your case every step of the way.
The Initial Investigation
You can expect your case to start with an initial investigation by your attorney. The purpose of this investigation is to ensure that there is a legal and factual basis for you to file a motorcycle crash lawsuit. The length of this investigative phase will depend in large part on how recent your motorcycle crash was and the ease with which you and/or your attorney can evaluate the available evidence and witness testimony.
The Initial Pleadings
Once you and your attorney decide to commence a motorcycle crash lawsuit, initial pleadings will be filed by your attorney as well as any attorney representing the person(s) you allege caused your or your loved one’s motorcycle crash.
The Discovery Process
During discovery, you and the other parties involved will exchange information and evidence with one another. It is during the discovery phase that you may be deposed and depose witnesses and experts identified by the other parties.
As the discovery phase goes on, the defendant(s) may offer a settlement. Your attorney will negotiate on your behalf and advise you on whether you should accept any deal that’s offered.
If the case is not settled or otherwise resolved before trial, it will process to trial. At trial, your attorney will work to prove through witness testimony and evidence that it is more likely than not true that the other party or parties were the cause of your motorcycle crash and resulting injuries due to their negligent or careless behavior. If you prevail, the judge or jury hearing your case will determine what damages you ought to be awarded. In most cases, the losing party at trial has a right to appeal the judge’s or jury’s verdict if they believe that errors were made during the trial.
Motorcycle Accident Injury Claim FAQs
Injured motorcyclists like yourself inevitably have many questions after being involved in a crash. Here are a few of the more common questions we’ve encountered.
Does Wearing Safety Gear Make a Difference If I Am Involved in a Motorcycle Crash?
Absolutely! First and foremost, wearing safety gear reduces the likelihood that you will sustain severe injuries or even a motorcycle death on Long Island. In addition, wearing safety gear when riding helps ensure that you have the greatest opportunity to recover full compensation for your losses. Some jurisdictions may consider your failure to wear appropriate safety gear as a form of negligent behavior on your part, which may result in a reduction of your compensation award or the denial of your claim altogether.
Should I Go to the Hospital After a Motorcycle Crash?
Yes. While the risk of serious injuries is higher with motorcycle crashes, it’s possible that you may feel fine following your crash, but you should still seek a medical evaluation as soon as possible to ensure that you did not suffer an injury that requires prompt treatment (such as a traumatic brain injury). In the immediate aftermath of a motorcycle crash, adrenaline in your system may mask the symptoms of severe injuries.
Am I Entitled to Compensation if I Am Not a Licensed Motorcycle Driver?
While having a motorcycle license before riding is a good idea, not having one will not necessarily prevent you from recovering compensation. You could still be able to obtain monetary damages if you were operating the motorcycle in a reasonable and prudent manner, even if you did not have a license to lawfully operate a motorcycle. You may find, however, that your compensation award is reduced if the judge or jury hearing your case believes that your lack of an appropriate motorcycle license means that you were not exercising care when riding your motorcycle at the time of the crash.
How Can a Long Island Motorcycle Accident Lawyer Help Me?
Pursuing compensation through a motorcycle crash lawsuit is no easy task. Injury victims can easily jeopardize their legal rights by attempting to secure compensation without the help of an experienced Long Island motorcycle accident lawyer.
- A poorly conducted initial investigation can lead you to believe that you have a claim for compensation when in fact, your chances of success are slim, causing you to expend valuable resources on a lawsuit that has little chance of resulting in compensation.
- Carelessly drafted pleadings that do not adequately and accurately state your claims and the factual and legal allegations supporting such claims can lead to the dismissal of your lawsuit. If you wait too long before you file your case and your case is dismissed because of a defect in your initial pleadings, you may not have enough time to refile your case.
- As your case moves forward, you may need to respond to motions filed by the other party or fulfill legal obligations within certain periods of time. For example, if no facts are truly in dispute, the other party may file a motion for summary judgment, which asks the court to accept certain facts as true and render judgment. Failing to reply to such a motion in time or with the proper legal and factual information can lead to the court entering a judgment in favor of the other party and denying your claim. Similarly, the discovery process has its own schedule of information to be shared: Failing to cooperate in the discovery process (e.g., failing to show up for your deposition or refusing to turn over documents or evidence) can lead to serious court-imposed sanctions (which may include a dismissal of your case, in extreme situations).
These and other similar risks can be easily avoided by enlisting the assistance and support of a skilled motorcycle crash attorney. With a Parker Waichman attorney by your side, you’ll have someone who is familiar with both the substantive law and legal procedures that can impact your case. Your attorney can help protect your legal rights while you attend to your physical well-being.
Parker Waichman LLP?
Parker Waichman is an experienced and compassionate motorcycle injury law firm that understands the pain and turmoil you and your loved ones are going through in the wake of a motorcycle crash. We have the knowledge, the talent, and the determination to fight tirelessly for every penny you’re owed. We’ve secured more than $2 billion for our clients, and we’ve also earned numerous accolades, including Martindale-Hubbell’s coveted “AV Preeminent” rating, their highest peer-review rating. These awards and recognitions are the result of our firm’s solitary focus on the legal needs of our clients. Our attorneys never shy away from the tough cases or the motorcycle crash claims that others may not want to take.
When we accept your case, you can count on your legal team to use its considerable knowledge and resources to help you obtain the financial damages you need and deserve. Contact Parker Waichman today to discuss your motorcycle crash lawsuit.
Get Qualified Representation for Your Motorcycle Accident Case
Motorcycle crashes are serious events with the potential to dramatically impact your life and the life of your family for years to come. A traumatic brain injury or spine injury can prevent you from engaging in any work or other physical activity, or a broken bone can require months of rest and rehabilitation before you can return to your normal activities and employment. While a successful motorcycle crash lawsuit is unable to undo the harm caused by another person’s careless actions, it can provide you and your family with the financial security you need to rebuild your life. This can include money for medical expenses, to replace the income you would have earned but have been unable to, and for any other similar type of expense or loss.
How Do I Get My Police Report?
Within hours of an arrest or accident, a police report is generated by the investigating officer who inputs the case information. If the case is ongoing, it may be difficult to obtain the report or you may only be able to get the “public portion” until the case has wrapped up and any charges have been filed. After the police investigation has concluded, your attorney will have access to the full police report and you can ask them for a copy. The only other way to obtain a copy of a police report is to go to your local government website and request a report by filling out a form and either submitting it electronically, via mail, or in person depending on the instructions listed on your local government’s website. There may be a fee associated with requesting a copy of a police report and it may take several days after the incident for the report to be available.
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