Motorcycle accidents can be enough to leave a victim laid up for weeks in the hospital. Many victims also face permanent injuries that affect them for years to come. When motorcycle accident injuries are due to someone else’s negligence, victims may file lawsuits with the help of our attorneys, potentially yielding them significant compensation for their many damages.
Despite likely wearing protective gear, like helmets, victims could suffer terrible injuries when struck on their motorcycles, including brain damage, skull fractures, spinal cord injuries, and disfiguring injuries. We work hard to help injury victims get compensation for the damages they face, filing timely lawsuits and gathering relevant evidence, such as eyewitness statements, photographs, and expert witness testimony. Economic compensation can be paid for medical bills, missed wages if you are too injured to work, and pain and suffering that you experience because of the accident. We can monitor your damages so the compensation we request in your initial complaint is accurate and have proof of damages to leverage during settlement talks or use as evidence during a trial.
For help with your potential case from The Carrion Law Firm, call our motorcycle accident lawyers today at (718) 841-0083.
What to Do Immediately After a Motorcycle Crash in New York City
Motorcycle riders are often severely injured in crashes. Without a car around you or airbags and seatbelts to protect you, you could face serious injuries like back and spine injuries, broken bones, serious cuts and scrapes, and more. These injuries might require immediate treatment at a hospital, which could limit what steps you can take after an accident.
If you are too injured to do anything immediately after a motorcycle accident, call 911 or wait for someone else to call for aid (e.g., if you are incapacitated) and accept medical attention. Remember, you can claim compensation later for the medical care you receive, so take full advantage of it and get the help you need to prevent serious injuries from worsening and possibly becoming life-threatening.
If you are well enough to move around the scene of the accident, take pictures of the crash. Also, gather information about the at-fault driver, what insurance they carry, and their vehicle. Note where the crash took place and what injuries and damage resulted from it. Noting details about lighting, weather conditions, and possible security cameras in the area can also help your case later, as can statements from witnesses. Many victims are too overwhelmed or in too much pain to take note of such things, which is why calling the police is crucial. Officers can process the scene and record relevant information in the police report, which our motorcycle accident lawyers can help you obtain and review in the following days.
After doing what you can at the scene and seeking medical treatment, you should prioritize initiating the case. Our attorneys can build your lawsuit, piece together the evidence you have, and collect additional evidence to prove your case in court. We can negotiate with insurance companies and at-fault drivers to get you the compensation you need, and if it comes to it, we can fight your case at trial.
Filing a Lawsuit After a Motorcycle Accident in NYC
If you are hurt in an accident, the law typically allows you to hold the at-fault party responsible. While an insurance claim might give you some money to cover your injuries, a lawsuit could potentially yield a greater recovery. In a court of law, you may be entitled to additional damages that can compensate you more fully for your injuries and other economic and non-economic losses, such as medical bills, missed wages, and pain and suffering.
When you sue for a motorcycle accident in New York City, our lawyers will have to prove a few elements of your case to the judge and jury to win it. First, we will need to show that the defendant breached the legal duty that they owed you. Drivers on the road owe each other the duty to avoid accidents by taking reasonable safety precautions behind the wheel. They also have to follow traffic laws. Any failure to do so could be considered a breach of duty that can make them at fault for a motorcycle crash or other motor vehicle accident.
We must also prove that their mistake or unreasonable action was what caused your crash and your injuries. Defendants might try to challenge claims on the grounds that an accident was unavoidable and would have happened even if everyone had been incredibly safe. While the defendant might try to blame the accident on bad weather or road damage to avoid fault, our lawyers can combat these defenses with evidence and witness testimony about what happened.
Lastly, you need to prove your damages to the court to get them compensated. Courts need to see evidence of how much your injuries cost you and what other harms you faced so they can calculate damages and order the defendant to pay you for your injuries. Proof of damages generally includes medical bills, documentation of missed income and previous wages, expert statements explaining necessary future care, bills from transportation accommodations to doctor appointments, invoices from childcare or in-house medical care services, and more.
Comparative Fault in New York City Motorcycle Accident Lawsuits
Many motorcycle riders are afraid that people will try to blame them for their crash. Riding a motorcycle has a reputation of being dangerous, and many people will try to use this against riders when they are in accidents. They will claim that they should have expected this and argue that that somehow removes their own fault from the equation.
In most motorcycle accident cases, there is concrete evidence of something the other driver did wrong. Our lawyers can use this to prove that driver was at fault by showing what traffic laws they violated or what unreasonable steps they took to put your life and safety at risk. We will fight to let the facts lead the case and hold the at-fault drivers accountable for the injuries they caused you.
Otherwise, the defendant might succeed in using New York’s pure comparative fault rules to lessen their liability and how much they must compensate you. According to C.V.P. Law § 1411, while motorcyclists may file lawsuits for lawsuits for which they share fault, their damages will be reduced proportionally to their liability. Fortunately, compelling evidence can undermine comparative fault arguments during motorcycle accident lawsuits, and that evidence includes accident reconstruction expert testimony, eyewitness testimony, vehicle black box data, photographs, and video footage.
Call Our NYC Motorcycle Accident Lawyers for a Free Case Consultation
Call The Carrion Law Firm’s motorcycle accident lawyers at (718) 841-0083 for a confidential and free case review.