A New York motorcycle accident lawyer from Friedman & Simon, L.L.P. will evaluate your case for free. We work to hold the at-fault motorist accountable and seek compensation for you after a motorcycle collision in New York City, on Long Island, or elsewhere. Some accident victims can recover a payout that will pay for their medical care, lost income, and other losses related to their motorcycle accident and injuries.
Motorcycle accident victims have a right to hold the negligent driver responsible if that at-fault driver’s careless actions caused an accident. You may be able to secure a financial recovery via an insurance claim or a personal injury lawsuit if you have a strong negligence case against the at-fault driver. Your attorney can help.
At Friedman & Simon, L.L.P., we provide complimentary reviews of cases for motorcycle accident victims on Long Island and in New York. We will meet with you on Long Island or elsewhere in the New York metropolitan area. Our team will discuss your case with you in the hospital, a rehabilitation facility, your home, or another convenient location. From your first phone call to our office until the resolution of your case, it is one of our primary goals to make the legal process of making a claim or initiating a lawsuit as convenient for you as possible.
You can speak to a Friedman & Simon, L.L.P. motorcycle accident team member today by dialing (516) 932-0400. Your free case assessment can help you understand your options for taking legal actions based on your New York motorcycle accident.
What Does a Motorcycle Accident Lawyer Do?
A motorcycle accident attorney helps victims seek compensation for their losses related to their collision and the resulting injuries and expenses. When an attorney agrees to represent a client in this type of case, they go to work to protect their rights, identify evidence, and convince the insurer or court that their client deserves justice in the form of an appropriate payout.
Building a motorcycle accident case in New York requires the attorney to investigate the collision and prove negligence, liability, and the value of their client’s case. This investigation will have several stages and may require working with experts along the way. Initially, the team will obtain the necessary documents and paperwork, including:
● The police report of the accident
● Your relevant medical records related to your injuries
● Your medical bills and other paperwork proving your expenses
● Any other reports or documents related to your accident, injuries, or expenses
Then, as may be needed, the team will enlist the help of accident reconstruction experts to better understand exactly what happened to cause your accident. They will also interview eyewitnesses, seek video of the accident, gather other relevant, available physical evidence, and take other steps to determine the collision cause and assign liability.
Lastly, they will need to seek information about your injuries and your ongoing or future treatment. These cases may pay out for both current and future treatment costs. This often requires working with additional experts, including experts on your medical needs, vocational rehabilitation specialists, economists, and life care planners.
After building a strong argument for securing compensation on your behalf, it is time to take action. Your attorney may be able to file an insurance claim based on the liable party’s policy. They will demand a payout that is fair based on your damages, as they documented during the investigation.
Your lawyer will then represent you during settlement negotiations. They will fight for the financial recovery you need and deserve, covering your current and future accident-related expenses and losses. Once the at-fault party’s insurance carrier has agreed to pay such amounts we would then consider this an appropriate settlement. While you have the final say in whether we accept an offer, we will advise you about whether we believe you are receiving the compensation you are entitled to based on your case.
In some cases, it is necessary to go to court in a New York motorcycle collision case if the insurer will not agree to pay enough to cover your losses. If this occurs in a claim when we represent you, you can feel confident that we will present a strong argument that supports your best interests to the judge or jury.
Is It Worth Hiring a Motorcycle Accident Lawyer?
Hiring a motorcycle collision attorney to help you with your New York accident case can greatly reduce the stress you experience during the insurance claims process. Your attorney will manage your case and use their knowledge and experience with personal injury accidents in the state to file your claim. If you work with us, you can count on us to fight for the best outcome in your case. You can focus on your treatment, healing, and emotional recovery while we seek a financial recovery on your behalf. There is no reason why you will need to try to understand complex legal doctrines or learn how to navigate the legal process on your own.
At Friedman & Simon, L.L.P., we have someone available to answer questions you have or address your case-specific concerns at any time. We also have multilingual staff members who can communicate with you about your case in the language that is most comfortable for you, including:
Our motorcycle accident lawyers are passionate advocates for the injured, serving those hurt in these collisions on a contingency basis. We understand that your family is already likely facing financial stress, so we want you to be able to hold onto your money while we seek compensation for you. We will collect our fees from the payout we secure; if we do not secure damages, we will not get paid. Over the years we have found that this “contingency fee,” arrangement both eliminates our clients’ fear of having out-of-pocket costs and builds their confidence that we will fight fiercely to win the best possible outcome.
As a part of representing you in your case, we will handle the steps you may not even know you would need to take in order to hold the at-fault driver responsible and recover a fair settlement. This includes a long list of actions we take on behalf of our clients, such as:
- Keeping you updated on your New York motorcycle collision case
- Identifying the potentially liable parties
- Communicating with all parties involved in your accident for you
- Gathering evidence to support your claim
- Determining a value for your case and documenting it with evidence
We will also prepare all the necessary documents and handle all demands, negotiations, and agreements after a settlement is reached. From beginning to end, we take care of it all for our clients.
To learn more about how a New York motorcycle accident lawyer from Friedman & Simon, L.L.P. can make it easier to develop a case and seek a payout after your collision, contact us today for your free crash case consultation. Call (516) 932-0400 now.
What Is the Average Settlement for a Motorcycle Accident?
There is no such thing as an average settlement, at least not in any meaningful or useful sense, in any type of traffic accident case. There are too many factors about each accident that are unique and play a role in the value of a settlement or civil award for an average to be accurate or helpful in a significant way in evaluating other cases with some similar circumstances. Working with an attorney is an easy and effective way to determine the specific types of recoverable damages available to you and an accurate estimated range for your case.
Some of the factors that will play a role in the settlement value of your case will include:
- Whether the insurer accepts that their policyholder is liable
- If you contributed to causing the accident in any way
- The types of damages you suffered
- The severity of your injuries
- The medical care necessary
- Your wages and time away from work
- Whether you have lasting injuries and impairments
- Ongoing and future care needs caused by your accident injuries
Each of these factors is different in every traffic accident. Even if two motorcyclists both suffer injuries in a collision when a driver fails to yield the right of way during a left turn, one may break an arm while the other suffers significant head injuries. These injuries would require dramatically different treatment, in-patient care, rehabilitation, and other care. Just as the injuries are different, so are their resulting damages. One may be permanently disabled from performing their physically demanding job while the other misses only a short period of time from their desk job. When viewed from this perspective, it is easy to understand that even the driver and passenger, both seated on the same motorcycle, who are both injured in an accident, will likely have significantly different case values for their respective claims. If we were to average their ultimate settlements or jury awards, it would be a meaningless figure in terms of informing us about either of their cases.
At Friedman & Simon, L.L.P., our team members know how to value a motorcycle accident case and support that value with evidence. The evidence necessary to prove the recoverable damages in a motorcycle accident case could include:
- Medical bills
- Estimates for motorcycle repair or replacement
- Documentation of wages and time away from work
- Your relevant medical records, prognosis, and other documents
- Expert testimony
- Receipts of out-of-pocket expenses
In addition to personal injury damages for accident victims who suffered injuries but survived them, some people can recover wrongful death damages. If their immediate family member died from their accident injuries, New York Estates, Powers & Trusts (EPT) §5-4.1 supports this. If this happened to someone you love, our team sends our deepest condolences. We know the last thing you want to think about is handling the legal and financial aspects of this case, so we will do all of that for you if we work together.
For over 25 years, it has been our privilege to offer effective, compassionate representation to surviving family members of motorcycle accident wrongful death victims. According to National Highway Traffic Safety Administration’s (NHTSA) most recent data, motorcyclists are 28 times more likely than those in cars to pass away from their accident injuries when considering fatal accidents per mile traveled.
What Damages Can I Collect for a Motorcycle Accident?
The types of damages that are available via a motorcycle accident insurance claim depend on the losses you experienced as a result of your accident. For example, if you did not miss work, you are not eligible to recover compensation for lost wages. Alternatively, if you cannot return to work because of lasting injuries or pain, you are likely to be eligible to recover compensation for diminished earning capacity.
Other types of damages commonly available to those who suffered injuries in a New York motorcycle accident include expenses and losses, as well as intangible damages. This includes damages for medical care, such as:
- The ambulance ride to the hospital
- Emergency department evaluation
- Trauma treatment and stabilization
- Assistive devices, home care needs, and other costs
- Future care related to your accident injuries
If you missed time away from work because of your injuries and treatment, you may be able to recover missed income. This includes your wages and benefits, as well as other likely income, such as estimated commissions or tips.
We work to identify other economic damages and out-of-pocket expenses for our clients as a part of our investigation into each case. This could include rental car costs, parking at the doctor’s office, and other expenses you had to pay following your collision.
Intangible losses are also recoverable in motorcycle accident cases. These are the losses you experienced but that do not have financial values attached. They include things like your physical pain and suffering, emotional distress, mental anguish, diminished quality of life, and more.
Motorcyclists are much more likely than the occupants of passenger vehicles to suffer lasting impairments, catastrophic injuries, and death. When an accident victim suffers long-term or permanent injuries, they often require ongoing care and support, future treatment, and more. Some need around-the-clock support or even long-term care facility placement. These costs add up quickly and are among the largest claim settlements.
To discuss the types of recoverable damages in your case, contact our team for your free consultation today. A New York motorcycle accident lawyer from Friedman & Simon, L.L.P. will handle your claim and seek damages based on the evidence we gather to prove your losses. Call (516) 932-0400.
How Long Does a Motorcycle Accident Claim Take to Settle?
How long it takes to settle a motorcycle accident claim after a collision in New York depends on many factors. It is important you understand what a fair settlement will look like and that you are justly compensated based on the facts of your case. In almost all situations, this tends to take priority for most injury victims over getting a quick and easy settlement.
This is one reason why we recommend working with an attorney from Friedman & Simon, L.L.P. We will handle your claim, including calculating the estimated value of your case and seeking a settlement agreement in line with that value.
Some of the factors that will affect how long it takes to reach a settlement in your motorcycle crash claim include:
- If the insurance company accepts its policyholder’s liability
- If the liable party accuses you of sharing fault
- The time it takes to investigate your case
- The strength of the evidence to prove negligence, liability, and value
- Whether we reach an out-of-court settlement or take the case to trial
There are deadlines for filing lawsuits based on a personal injury in New York. This covers most motorcycle accident lawsuits. Per New York Civil Practice Laws & Rules (CVP) §214, we only have a limited time to file the initial legal paperwork in civil court. This puts a limit on how long we can try to negotiate an out-of-court settlement, as well.
The best way to try for a quicker conclusion in your case is to get started as soon as possible following your accident. We prefer to go to work on investigating your case right away to build the strongest possible argument for an appropriate payout. Some proof, including eyewitness statements, physical evidence, and surveillance video of the accident, becomes more difficult to acquire once time passes.
To get started right away with help from a New York motorcycle accident lawyer from Friedman & Simon, L.L.P., call (516) 932-0400 for your free case assessment with our team.
Do You Have to Go to Court for a Motorcycle Accident?
No, starting the process of making a claim for the harm you have suffered in a motorcycle accident does not obligate you to pursue the matter all the way through to a trial. It is your case and you get to decide how far in the process you are willing to go. Statistically, you are unlikely to need to go to court for your motorcycle accident. Most of these claims settle outside of court without needing to file a legal action or go before a judge or jury. Our team handles all communication and any in-person meetings with the insurance company, letting our clients focus on taking care of their own physical and emotional well-being instead.
In some instances, it is necessary to sue the at-fault driver to secure compensation, however. This includes when the insurance company denies the claim or refuses to agree to a fair settlement for some other reason. There are various reasons why this could happen, but most center on not accepting that their policyholder is responsible for the accident, believing your actions contributed to your injuries or disputing the value of your claim. This often requires us to present the evidence and a strong verbal argument to the jury or a judge.
If your case does need to go to court, our team will prepare and file the proper legal paperwork that names the liable party as the defendant and seeks to hold them legally accountable for your accident and injuries. We will file this paperwork in the appropriate jurisdiction.
In this situation, you would need to go to court and make an appearance. Throughout this time, we would be by your side, representing your best interests and ensuring you know what to expect. Many accident victims feel like they want to avoid going to court at all costs, but our team can greatly reduce your stress and make it an easier part of the process if it is necessary. We have had the experience, many times, where a client who was very nervous and reluctant to testify reported afterward that it was far easier than he or she thought it would be or that they even felt vindicated and found it cathartic to tell the story of how they were wronged so that the community, acting through the jury, could try to bring about a just resolution.
We will address any concerns you have about a court appearance in advance, including discussing exactly what you will do and what will happen.
Who Can Be Sued in a Motorcycle Accident Case?
In general, New York traffic accident cases are somewhat complex because of the state’s laws that limit liability and the rules relating to filing a lawsuit. Per New York Insurance (ISC) §5102(d), most car accident victims must suffer injuries that meet the law’s definition of “serious,” or other exceptions to the law before they can file a lawsuit against the responsible motorist. However, according to the New York State Department of Financial Services (NYSDFS), the state’s no-fault auto insurance laws do not apply to motorcycles or other two-wheeled vehicles.
How this affects your case is that you are exempt from having to prove the severity of your injuries. Instead, you will be able to take action against the party who caused your accident without having to prove that your injuries met a specific level of severity. Of course, we will handle your claim if you suffered any level of injury ranging from significant to catastrophic injuries and requiring ongoing care.
Determining who is liable for an accident is crucial to recovering the financial support you need to cover your losses. At Friedman & Simon, L.L.P., our New York motorcycle accident attorneys know the actions necessary to identify evidence and assign liability. This includes:
- Investigating what caused your collision and who was involved
- Gathering evidence to support your claim
- Working to develop a case against the liable party
- Identifying the insurance policy that we will file a claim against
To have a strong claim or lawsuit, we must have evidence to show the liable party was guilty of each factor of negligence. There are four factors, including:
- There is a specific traffic law in place.
- The driver violated this traffic law.
- This violation caused your vehicles to collide.
- You sustained financial and intangible losses in the collision.
Your New York motorcycle accident lawyer from Friedman & Simon, L.L.P. will answer your questions related to taking your case to court, if that is necessary following your collision. Based on New York motorcycle accident law, you might be able to sue the driver whose negligence caused your crash. Call (516) 932-0400.
What Is the Most Common Cause of Motorcycle Accidents?
Negligent driving behaviors cause almost all traffic accidents, with a few exceptions, including dangerous roadway conditions, defective parts, and incidents involving deer or other animals. When a driver’s negligence causes a motorcycle accident in New York, our team can handle your claim and prove what happened, how it happened, and who caused it to happen.
Often, we find that a motorist was negligent because they failed to spot a motorcycle in traffic and, therefore, could not protect the motorcyclist. Motorcycles are much smaller than most passenger vehicles on the road today, and they are easy to miss unless a driver checks carefully. In some cases, they could even be obstructed by larger vehicles, glares, or other objects.
When a motorist does not see a motorcycle, failure to yield collisions are common. The NHTSA attributes a little more than a third of motorcycle versus car impacts to this type of negligent action. Some ways failure to yield the right of way leads to collisions include:
- A driver turns left at an intersection in front of the motorcyclist, leading to a T-bone collision.
- A driver rushes out into the street from a parking lot, driveway, or side street trying to beat traffic, but fails to see the oncoming motorcycle.
- A driver attempts a U-turn but fails to see an approaching motorcycle.
Failure to spot a motorcycle in traffic also causes other types of accidents, including sideswipe and merging collisions. When a passenger vehicle driver fails to detect or recognize the motorcycle in the adjacent lane, they may merge or swap lanes into it, causing an accident. These collisions are generally minor for the passenger car occupants but can lead to serious injuries for the motorcyclist.
Head-on collisions are also dangerous and deadly for motorcyclists, and they sometimes occur when a driver fails to see a motorcycle. This can lead them to try to pass other traffic or otherwise move into the lane going the opposite direction before the motorcycle passes.
It is important to know that many motorcycle accidents occur because of the negligence of the motorcyclist, as well. To remain safe while riding your motorcycle, you must ride defensively and pay careful attention to the behavior of other drivers. Of course, riding after drinking or using drugs, while distracted or drowsy, or riding recklessly in terms of speed, maneuvering, or in any other manner, is often deadly.
Speak to a New York Motorcycle Accident Team Member Today
If you were hurt in a motorcycle accident on Long Island or elsewhere in the New York metropolitan area, a member of our traffic accident team who understands motorcycle collisions will discuss your crash with you for free today. We offer these consultations for free because we believe it is important that victims know their rights and have a strong understanding of their options.
A New York motorcycle accident lawyer from Friedman & Simon, L.L.P. will represent you if we believe you have a case that will allow us to hold the at-fault driver responsible and secure a financial recovery for your family. We take action for injured motorcyclists based on contingency. Our firm will not ask you to pay us a retainer or other upfront costs for our representation or services.
Reach Friedman & Simon, L.L.P. today to talk about your possible insurance claim or civil lawsuit. Call (516) 932-0400 to get started.