Motorcycle Accidents: Why You Need a Specialist in Your Corner By Worby Vecchio Edelman, LLP on June 14, 2024

Motorcycle Accident Liability. Who is At Fault?

Determining fault in a motorcycle accident in New York is complex and depends on the specifics of the case. However, since New York follows a pure comparative negligence system, several parties could share blame. Here's a breakdown of factors that can influence fault attribution:

Traffic Law Violations: Did either party violate traffic laws, such as speeding, running red lights, failing to yield, or improper lane changes? These violations can significantly impact fault.
Driver Behavior: The actions of both drivers are examined. This includes factors like aggressive driving, distracted driving, or driving under the influence.
Motorcycle Maintenance: The condition of the motorcycle can be a factor. Poor maintenance or malfunctioning parts could contribute to the accident.
Road Conditions: Were there any dangerous road conditions like potholes or missing signs that played a role? In rare instances, the government entity responsible for road maintenance could be partially liable.
Motorcycle Manufacturer Defects: If a defective motorcycle part caused the accident, the manufacturer could be held responsible.

Remember, even if the motorcyclist is found partially at fault, they can still recover compensation, although the amount will be reduced based on their percentage of fault.

A lawyer specializing in motorcycle accidents can analyze the details of your case and advise you on determining fault and potential compensation.

Motorcycle Accident Damages

In New York, if you've been injured in a motorcycle accident you can seek compensation for various damages through a personal injury claim. Here's a breakdown of what you might be able to recover:

Medical Expenses: This covers all costs associated with treating your injuries, including ambulance rides, emergency room visits, doctor appointments, surgeries, medications, physical therapy, and any future medical needs arising from the accident.

Lost Wages: If you were unable to work due to your injuries, you can recover compensation for lost wages. This includes salary, bonuses, commissions, and any other forms of income you missed out on.

Pain and Suffering: This covers the physical and emotional pain you endured due to the accident. It's a more subjective category, but a lawyer can help document the severity of your pain and suffering to strengthen your claim.

Here are some additional damages you might be eligible for:

Property Damage: This covers repairs or replacements for your motorcycle and any other personal belongings damaged in the accident.

Loss of Earning Capacity: If your injuries permanently affect your ability to work and earn a living, you can seek compensation for this lost future income.

Scarring and Disfigurement: If the accident left you with permanent scars or disfigurement, you may be able to recover compensation for the emotional distress this causes.

For an accurate estimate of the compensation you might be entitled to, consulting with a personal injury lawyer specializing in motorcycle accidents is highly recommended. They can assess your specific situation, calculate potential damages, and guide you through the legal process of filing a claim.

Speaking to your Insurance Company after a Motorcycle Accident

It's important to be careful what you say to the insurance company after an accident. A lawyer can advise you on how to communicate with them.

Here's some guidance on speaking to your insurance company after a motorcycle accident in New York:

Report the Accident Promptly: New York law mandates reporting accidents with injuries or property damage exceeding $1,000. Don't delay in notifying your insurer.
Seek Medical Attention: Your health is the priority. Address any injuries and get documentation from medical professionals.
Gather Information: Collect details like the date, location, parties involved, police report number (if applicable), and witness information (if available). Take pictures of the damage to your motorcycle and the accident scene if possible.
Don't Admit Fault: New York is a comparative fault state, meaning fault is shared. Avoid saying anything that could be construed as admitting blame. Stick to the facts of the accident.

When talking to your insurance company:

Be Prepared: Have the information mentioned above on hand.
Be Truthful: Provide accurate details but avoid going into unnecessary explanations.
Be Concise: Answer questions directly and avoid rambling.
Don't Discuss Injuries in Detail: Provide a general overview but avoid discussing the extent of your injuries.

Our White Plains Motorcycle Accident Lawyers Can Help

It's important to remember that navigating fault and compensation after a motorcycle accident can be challenging. If you've been in an accident, consider seeking legal counsel to protect your rights.

Let our motorcycle accident lawyers at Worby Vecchio Edelman LLP in White Plains, NY, secure compensation for your injuries. We offer a free, no-obligation consultation, and we only charge a fee if we recover money for you. Call us at (914) 686-3700 or send us an email here.