Drivers tend to view motorcycle riders as a nuisance on the road. In reality, these are people legally operating vehicles on the roads and highways, and they deserve the same respect, courtesy, and safety that all other drivers are entitled to. If you are injured in a motorcycle accident, our lawyers can help you get financial compensation.
While motorcycle accidents in Queens are covered by auto insurance, the rules governing them apply a bit differently. Ordinary car accidents fall under New York’s no-fault insurance laws, but motorcycles do not. You may have to file a third-party claim with the other driver’s insurance or take the matter to court. Either way, we need evidence, much of which may come straight from the crash location. We need evidence to prove your damages, show how the defendant is responsible, and refute possible claims that you contributed to the accident.
Call (718) 841-0083 and ask our motorcycle accident attorneys with The Carrion Law Firm for a free initial case evaluation.
Does Auto Insurance Cover Motorcycle Accidents?
Motorcycle riders must have auto insurance, like all other drivers in Queens. However, while New York’s no-fault insurance laws apply to typical accidents involving cars and trucks, motorcycles are treated somewhat differently.
New York’s no-fault insurance laws do not apply to motorcycles. In other accidents, injured drivers may file no-fault claims with their own insurance, and there is no need to prove fault to be covered.
Motorcycle riders may file a third-party claim against the other driver’s liability coverage. Alternatively, you may file a lawsuit against them.
This puts motorcycle riders in a somewhat precarious position. It might be harder to get compensation because you must prove fault. On top of that, it may be difficult or impossible to pursue legal action if the other driver refuses to provide you with their insurance information or flees the scene before they can be identified.
Evidence You Need to Support Your Motorcycle Case in Glendale
Before you can receive compensation for your injuries, we must gather evidence to support your claims in court. Evidence varies from case to case, but certain kinds of evidence tend to be more common and are likely to come up.
If there were other drivers, passengers, or pedestrians in the area who saw the collisions or stopped to help, they may provide valuable testimony. If they saw the defendant behaving negligently, their testimony may be invaluable to your case.
Our motorcycle accident lawyers should also try to obtain copies of video footage, if any exists. There are lots of cameras around Queens, and a nearby security camera or traffic camera might have recorded a video of the motorcycle crash. We should also check other vehicles for dashcams that might have recorded the rash.
We may need copies of your medical records to prove your injuries, especially if the severity of your injuries is disputed. Your medical records may be especially important if you have severe injuries that come with serious complications.
Common Causes of Motorcycle Crashes
Motorcycle accidents in Queens might stem from various causes, but they are often exacerbated by the heavy traffic in the area. Below are a few examples of common causes of motorcycle collisions you should discuss with your lawyer.
Many motorcycle accidents occur due to distracted driving. Most often, the distracted driver is someone inside a car, not the motorcycle rider. Riding a motorcycle takes more focus and balance, and there is very little room for riders to be distracted by something like a cell phone.
Motorcycles are smaller than standard cars, and they may be easily hidden in a driver’s blind spot. If a negligent driver turns or changes lanes without checking their blind spots, they might strike a motorcycle rider.
Frequently, motorcycle riders claim that drivers in cars simply refuse to share the road. This is not unusual, and many drivers do not view motorcycles as other vehicles that deserve the same respect and courtesy as cars.
On top of that, drivers sometimes become angry or frustrated in traffic, and accidents sometimes stem from road rage incidents.
Injuries and Damages You Can Claim in Motorcycle Collision Cases
Injuries in motorcycle crashes are known for being harsh, and many riders face serious medical complications, high hospital bills, property damage, and more.
Much of your damages will likely stem from medical expenses. Since riders are not protected inside enclosed vehicles, the only things protecting them are their helmets and the clothes they wear. Not only might immediate medical costs be high, but you might have to assess future medical costs for long-term complications.
Riders also deal with the costs of damaged property. Your motorcycle may be severely damaged or beyond repair, and repairing or replacing it will be costly. You should also account for any personal items that were damaged or lost in the accident.
Many damages are not directly related to money but are instead rooted in subjective experiences. Motorcycle accidents can be quite traumatic, and you should claim your pain and suffering as part of your damages. Physical pain, emotional distress, psychological injuries, and other painful experiences might make life very hard for a long time, and you deserve compensation.
What if You Are Accused of Causing Your Own Motorcycle Accident?
Negligent drivers do not often readily admit fault for causing motorcycle accidents. Often, they try to flip the script by arguing that the injured motorcycle rider was the negligent one. This is not unusual, as riders get an unfair reputation for being dangerous or risk-takers on the road.
The court may apply pure comparative negligence laws. According to C.V.P. Law § 1411, if a plaintiff is deemed partially responsible for their own damages, their claim for damages may be reduced in proportion to their fault. For example, if a plaintiff is found to be 20% responsible, their overall damages may be reduced by 20%.
Unlike many other states, New York allows plaintiffs to recover damages regardless of how much blame they share for the accident, as long as it is less than 100%. Technically, you could be 99% responsible for an accident in Queens and still recover 1% of your damages.
Talk to Our Glendale Motorcycle Accident Attorneys About Your Case
Call (718) 841-0083 and ask our motorcycle accident attorneys with The Carrion Law Firm for a free initial case evaluation.
