Dealing with the aftermath of a motorcycle accident can be extremely difficult. If you are left out of work because of your injuries, you might not be able to afford the medical bills, let alone the other day-to-day expenses you and your family face. However, there is help if you were left with serious injuries after a motorcycle accident.
Our Flushing motorcycle accident lawyers can help you and your family recover damages for your motorcycle accident. This often means filing a lawsuit on your behalf against the at-fault driver to cover medical bills, lost wages, pain and suffering, and other damages you might face.
For a free case review, call us immediately at (718) 841-0083. The Carrion Law Firm’s Flushing motorcycle accident lawyers are ready to take your call.
Suing for Damages After a Flushing Motorcycle Accident
In New York, most auto accident cases are governed by no-fault rules. These rules require you to use an insurance claim against your own insurance to recover medical bills and lost wages, and they block access to pain and suffering damages unless your injuries are “serious” under the terms of NY’s insurance rules. However, motorcycles are not governed by these rules, and motorcycle riders are often free to file injury lawsuits against the drivers who hurt them.
Generally, an injured driver or passenger in a car – as well as a bicycle rider or pedestrian – would only be allowed to file a lawsuit against the driver who hit them if they can prove their injuries involve permanent harms or a broken bone (among other “serious” injuries). Motorcycles are excluded from following these rules under the definitions in I.S.C. Law § 5102.
Our Flushing motorcycle accident lawyers can examine your case, determine which driver was responsible, and file a lawsuit against them for your injuries. This will often allow us to claim damages not only for medical bills and lost wages but also for pain and suffering and other damages that might be blocked in a car accident case.
How Long Do I Have to File a Motorcycle Accident Case in Flushing, NY?
Injury victims have 3 years to sue for their accidents under NY law. This means that, from the date of the accident itself, you have 3 years to get the case filed in court. Often, it takes months after filing to resolve a lawsuit in court, but that time does not count against the 3-year period.
In most cases, you should act quickly and file your case well before the 3-year deadline. First, you will not be able to get your damages paid in full until the case is resolved, so any delay in filing is ultimately a delay in getting the damages you need. Additionally, if there are any mistakes with your case or there are any additional defendants you missed (e.g., the trucking company an at-fault truck driver was working for), you cannot go back and add them to the case if you are past the 3-year filing deadline.
You should also call our Flushing motorcycle accident lawyers well in advance of the 3-year filing deadline. It can take weeks or months to build your case and prepare it for filing, so we will need adequate time to prepare your case before filing.
Ultimately, many cases settle rather than going to trial. That means that the time it takes to get your damages paid after filing is difficult to predict. Nonetheless, the sooner you act, the sooner we can get started on obtaining the damages you deserve.
Common Causes of Motorcycle Accidents in Flushing
Some of the most common reasons that motorcycle accidents happen overlap with other common causes of auto accidents of all kinds. Others are more specific to motorcycle accidents and the carelessness that other drivers use around motorcycles on the road.
Many auto accidents, in general, are caused by speeding, drunk driving, tired driving, and distracted driving. Speeding is perhaps the most common contributing cause to accidents of all kinds and appears as a cause in the vast majority of auto accident cases generally and motorcycle accidents specifically. These other causes might not be as common, but drunk, tired, and distracted driving are common causes in serious accidents where the victim faced substantial injuries, permanent disabilities, or deadly injuries.
Motorcycle accidents often occur in situations where a driver would have acted differently if the other vehicle had been a car but failed to react properly to a motorcycle. For example, many drivers will cut off motorcycles because they failed to watch out for these smaller vehicles in their blind spots. Some drivers might also act more aggressively around motorcycles, tailgating them more closely or failing to give them adequate space in their lane.
Common Motorcycle Accident Injuries and Damages in Flushing, NY
In any case, motorcycle riders are the ones who pay the price for other drivers’ mistakes. Without a car surrounding them, motorcycle riders often face substantial injuries such as road rash, serious cuts and lacerations, compound fractures, traumatic amputation, and serious back and spine injuries.
For help getting compensation, you should speak with our Flushing motorcycle accident lawyers. We can help you calculate the cost of getting these injuries treated as well as the other costs associated with these injuries. If your injuries kept you from being able to go back to work, we can fight for compensation for those lost wages and your lost earning capacity.
Damages for pain and suffering, emotional distress, and other “non-economic” damages could also be available. Speak with our attorneys about how to calculate these damages in your motorcycle injury case.
Call Our Flushing Motorcycle Accident and Injury Lawyers Today
For a free review on your potential motorcycle accident case, call our Flushing motorcycle accident attorneys today. Contact The Carrion Law Firm by calling (718) 841-0083.