New York Motorcycle Personal Injury Lawyer

Motorcycle accident involvement, even a mild motorcycle accident, can be a traumatic situation. Sometimes, it can even turn out to be deadly. If you or a loved one has been injured in a motorcycle accident, it is vital to know how fault is established and what your rights are following the accident.

If you or a loved one has been in a motorcycle accident in New York or on Long Island, reach out to us at the Law Office of Steven R. Smith. We will defend your rights and help ensure that the responsible parties are held accountable for their actions.

What to Do If You Were in a Motorcycle Accident

Regrettably, motorcycle crashes are a frequent occurrence in New York and throughout the nation. The state’s Department of Motor Vehicles reported that in 2021, fatalities resulting from motorcycle crashes amounted to over 18 percent of all fatalities within the overall motor vehicle accidents for the state.

If you have been in a motorcycle accident, there are some critical steps you can and should take to protect your legal rights.

• Call 911: Foremost, after a motorcycle accident, dial 911 to report the crash. This will alert the police and medical authorities to the accident. It is also a record of such an event and could be used for the legal procedures that might follow.
  

• Seek medical help: If anyone sustained injuries in the accident, you must seek medical help right away, even if you believe the injury to be minor. This not only facilitates them getting the medical care they need, but it also proves their injuries were caused by the accident.
  

• Gather evidence: Be proactive in gathering evidence about the sugaring incident, particularly any photos or video footage, from witnesses, if available, as well as surveillance cameras. If there are other forms of evidence related to the incident (for example, skid marks on the road), this information should be recorded as soon as possible, while it is still fresh or before it disappears. Also, when speaking with these witnesses, if any are available who may not have stopped or come forward at the scene of the accident, be sure to obtain their contact information so that there is evidence of who was involved for future potential litigation.
  

• Do not make statements to an insurance adjuster: It is important to speak with an attorney before talking to an insurance adjuster with either driver’s insurance company, as they are better equipped to inform you of what statements should and should not be made. The attorney can also guarantee that your rights are being upheld throughout this process and make certain that you get the compensation for any damages done to you because of this event.
  

• Contact a lawyer: If you were injured in a motorcycle crash because another driver was careless or reckless, get in touch with an attorney as soon as possible to make sure someone is on your side, guiding you through this process and protecting your legal rights. A knowledgeable lawyer can evaluate your case and help you submit claims against those who are liable.

At Law Office of Steven R. Smith, we can help you with the aftermath of your accident and fight for you to secure your compensation.

How to Prove Negligence After a Motorcycle Accident

In legal definition, negligence is a breach of duty that, while unintentional, is foreseeable and causes harm or damage to another. To show negligent liability because of a motorcycle accident, you illustrate that the other driver was partially or entirely liable for causing the collision due to not having acted with reasonable care.

You’ll also need to show that this duty was breached, and the breach was connected to damages (physical injury and/or property damage). For instance, the other driver who ran a stoplight and hit you on your motorcycle would probably be found negligent for not exercising reasonable care when driving their car.

New York has a pure comparative negligence law, so depending on how much fault each party bears in the accident, they can be assigned different percentages of liability. Under this statute, a person can still collect money even if they are partially at fault for causing the accident if their share of fault is less than 50%.

If You Were Injured, You Should File a Claim

If you were injured in a motorcycle crash, it's possible to bring a personal injury case against the negligent individual. If you are considering filing a personal injury claim regarding injuries from a motorcycle accident, you should know that to do so, you will need evidence of your injuries and evidence of who was at fault for causing the crash. This evidence might include witness interviews conducted with people who witnessed the incident or video surveillance footage from nearby cameras or businesses.

It is also important to discuss your case with a seasoned personal injury lawyer. An experienced attorney can help guide you through the process of filing your claim and ensure that all required paperwork is properly filed so that you are in the best possible position to recover after being injured in a crash.

How to File a Claim for a Family Member

If your loved one has been hurt or killed in a motorcycle crash because of somebody else’s negligence, you may file a personal injury or wrongful death claim on their behalf.

In wrongful death claims, compensation may be awarded to cover medical expenses that were made before the victim died (this is not always the case), along with loss of income experienced by surviving family members because of their loved one’s death, and pain and suffering victims encountered before they passed away–such as emotional anguish and distress over the death. Compensatory damages may also be combined with punitive damages according to the defendant’s actions.