A great number of motorcycle accidents occur each year in Schenectady. Such accidents are often unexpected results of other driver’s careless or reckless behavior. When an accident happens, a claim for damages may be made against the driver who caused the crash.
There are several steps to a motorcycle accident lawsuit in Albany. Plaintiffs must gather evidence, file their case, and negotiated with insurance companies before potentially going to trial. The knowledge and support of an experienced motorcycle accident lawyer can ease victims’ stress when seeking compensation.
If you were injured because of a motorcycle accident, get help recovering the monetary damages you deserve. Contact our experienced Schenectady motorcycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Evidence Used to Establish Fault in a Schenectady Motorcycle Accident Lawsuit
Plaintiffs must establish that another, negligent driver caused or contributed to their injuries in order for their motorcycle accident claim to succeed. The following are some of the many types of evidence our Schenectady motorcycle accident lawyers may use when establishing fault after a crash:
Physical Evidence from the Scene
Physical evidence from the scene of a motorcycle accident can be used to prove that a motorist caused a crash. For example, an open liquor bottle found in a driver’s car can be used to show that they were intoxicated at the time of an accident. Furthermore, items such as dented motorcycle helmets and badly damaged bikes can be used to establish that a driver was travelling at excessive speeds.
Eyewitness Statements
Additionally, eyewitness statements are a form of evidence that can help our Schenectady motorcycle accident lawyers when proving fault. Witnesses can help identify which driver caused a crash. They can offer both written and oral testimony. Accordingly, victims should collect contact information for any potential witnesses in the aftermath of a motorcycle accident.
Expert Witness Statements
An expert witness is a person with the requisite education, training, and experience to be considered an expert on a certain issue. After motorcycle crashes, accident reconstruction experts may be called to help create a reenactment of the incident. Our Schenectady motorcycle accident lawyers can help call relevant expert witnesses for your case.
Photo Evidence from the Scene
Furthermore, it can benefit motorcycle accident victims to take photos at the scene of an accident after the crash. Photo evidence from the scene can be used to prove or disprove theories regarding how an accident occurred. For instance, a defendant driver may attempt to claim that an accident was caused by heavy fog. In that case, photo evidence from the scene could be used to show that the weather was clear when the crash occurred.
Nearby Surveillance Footage
Lastly, surveillance footage from nearby businesses and traffic lights can help explain the events that occurred before, during, and after a motorcycle accident. Such evidence can also be used to establish fault in a motorcycle accident case. However, collecting surveillance footage can be tricky. Our experienced Schenectady motorcycle accident lawyers can help victims recover surveillance footage to help prove their case.
Statute of Limitations for Motorcycle Accidents in Schenectady
States’ statutes of limitations establish time limits for filing certain lawsuits. In Schenectady, the statute of limitations for filing a personal injury case is three years.
Motorcycle accident lawsuits are a type of personal injury case. Accordingly, victims will have three years from the date of a crash to file a lawsuit. However, there are numerous requirements that plaintiffs must comply with when filing a claim. Failing to meet any of these requirements could force plaintiffs to re-file their case.
You should file your motorcycle accident lawsuit as soon as possible. That way, you will have time to re-file your case if necessary. Our Schenectady motorcycle accident lawyers can help you comply with the numerous requirements for filing a claim.
Injuries Suffered by Motorcycle Accident Victims in Schenectady
There are countless, severe injuries that can be caused by motorcycle crashes. Many injuries require extensive, costly medical treatment. The following are common examples of injuries suffered by motorcycle accident victims in Schenectady:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Road rash
- Internal organ damage
- Internal bleeding
- Burn injuries
- Cuts
- Bruises
- Rider’s arm
- Soft tissue injuries
- Physical pain
- Phycological distress
Such injuries can notably affect victims’ quality of life. Furthermore, in order to recover for such injuries, proper medical documentation is required. Our Schenectady motorcycle accident lawyers can help refer the appropriate healthcare professionals for the treatment and documentation of your injuries after a crash.
Fighting Insurance Companies in Schenectady Motorcycle Accident Lawsuits
In Schenectady motorcycle accident lawsuits, defendants’ insurance companies will employ various tactics to avoid paying for your injuries. Insurance companies may hire investigators and insurance doctors in attempts to decrease the value of your claim. Furthermore, insurers will hire defense lawyers who can use several tactics to entice low settlement agreements from victims.
Our Schenectady motorcycle accident lawyers can help victims fight insurance companies and negotiate for fair compensation. Our team will rely on years of experienced when dealing with insurance companies to hopefully extract an offer indicative of the true value of your case. If a settlement agreement is not reached, our lawyers can present your case at trial.
Comparative Fault in Schenectady Motorcycle Accident Lawsuits
New York courts follow pure comparative fault rules when allocating damages in motorcycle accident lawsuits. Accordingly, victims in Schenectady may recover damages according to their percentage of fault. For example, if you were considered to be 30% at fault for an accident and a defendant was 70% liable, then you may recover 70% of damages caused by the accident from the defendant. In that case, you would be left to cover the remaining 30% of costs you incurred out of pocket. Our Schenectady motorcycle accident lawyers can help explain how comparative fault rules may apply to your case during a free case review.
If You Were Injured Because of a Motorcycle Accident in Schenectady, Our Lawyers Can Help
If you were injured because of a motorcycle accident, seek guidance and support from our experienced Schenectady motorcycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.