Motorcycle accidents are unfortunately common in Queens, given the city’s density and how many drivers are on the roads. Motorcycle accidents can result in serious injuries for riders, which might require significant medical treatment.
Fortunately, a Queens motorcycle accident lawyer knowledgeable in motorcycle accident litigation can be helpful. Motorcycle accidents can occur in numerous ways in Queens, and the injuries caused could be catastrophic.
However, you will typically have multiple paths to compensation as New York’s no-fault laws will not prevent you as an injured motorcyclist from filing a lawsuit to recover damages. While insurance agents will try to blame you, you are entitled to compensation even if you contributed to causing the accident.
If you have suffered a motorcycle injury because of another person’s negligence, our Queens motorcycle accident lawyers can help you hold them accountable. For a free case review, contact The Carrion Law Firm at (718) 841-0083.
Motorcycle Accident Statistics in Queens, NY
Queens is a busy hub for thousands of travelers and residents, with two of New York City’s main airports. As such, our motorcycle accident lawyers see motor vehicle accidents as an unfortunately common part of life in Queens.
According to the Police Department of New York City’s monthly motor vehicle collision report, Queens had 2,281 motor vehicle accidents in September 2022. Out of those accidents, 96 involved motorcycles.
While these numbers might not seem high, it only takes one negligent driver to cause serious damage in a motorcycle accident.
How You Can Receive Compensation After a Motorcycle Accident in Queens
New York’s no-fault laws govern most motor vehicle accidents for the purposes of insurance. This means that, under New York’s at-fault rules, drivers are compensated for their injuries from their own insurance policy following typical accidents.
Injured parties are compensated by their own insurance provider regardless of who caused the accident. New York’s no-fault laws will also prevent most drivers from filing lawsuits to recover additional damages since injured drivers are compensated from their insurance benefits without having to prove fault for their injuries.
Does the Serious Injury Threshold Apply to Motorcycles in Queens, NY?
Fortunately, New York’s no-fault rules do not apply to accidents involving an injured motorcyclist. You will be permitted to file a lawsuit to recover additional damages not provided by insurance without proving that you suffered serious injuries in the accident.
While you will usually recover economic damages from an insurance claim, like medical bills and lost wages, a lawsuit will be able to pursue non-economic damages, like physical pain and emotional suffering.
Determining Fault in a Motorcycle Accident Lawsuit
In most cases, insurance adjusters and defense attorneys will try to place the blame on the motorcyclist for causing their own injuries. Fortunately, you can recover damages even if you contributed to causing the accident per New York’s pure comparative negligence rule.
Under C.V.P. Law § 1411, the court will reduce a plaintiff’s award by the percentage they were found at fault for the accident. For instance, if you were awarded $100,000 for damages after a successful lawsuit but were found 10% at fault, your total award would be $90,000.
As long as you are not 100% responsible for causing the accident, New York’s comparative negligence law allows you to recover compensation for your injuries.
Can I Sue if I Wasn’t Wearing a Helmet?
As mentioned, the comparative negligence rules in Queens mean that if you were partially responsible for your injuries, you can still sue. That applies to not wearing a helmet.
Helmets are required in Queens under New York law. This means you would be violating a safety law and could be considered partially at fault for your injuries if failing to wear a helmet made your injuries worse.
However, not wearing a helmet probably did not cause your crash. The other driver still hit you, and they are still responsible for what they did. The only thing that might make you partially liable is that your injuries might have been lighter with a helmet – a claim the defense needs to prove.
However, that has nothing to do with injuries to other body parts, and evidence of a missing helmet should be blocked in those cases. For example, if you broke your arm or leg, they should not be able to say you were not wearing your helmet because it has nothing to do with your arm or leg.
This evidence is irrelevant and might make the jury look at you in a negative light, giving two good reasons to block it.
Do I Need a Police Report for My Motorcycle Accident?
Generally, our lawyers can seek police reports for you. However, if you want to get your copy yourself, you can usually find it by contacting the police precinct that responded to your accident.
If you wait around 7 days from the date of the accident, you can also typically get a copy online through a combined NYPD portal. To get your copy, the date of the crash, what borough it happened in, your date of birth, your driver’s license and license plate numbers, and an email address.
In some cases, the report can be used as evidence in court if it is properly verified. However, most of what the officer put in the report will be secondhand information from people at the scene. It is often hearsay to use that information in court, and it is better to call witnesses in to testify themselves.
We can usually get info about witnesses from the report, which still makes it helpful.
What Evidence Do I Need to Collect After a Motorcycle Accident?
If you were too injured to stay at the scene of the accident, go to the hospital and get treatment. Much of the evidence you can collect at the scene can also be found in the police report (e.g., the other driver’s contact info).
However, if you can stay, take pictures of everything you can. Get the scene as a whole, the vehicle damage, and even your injuries. Also note any lighting, cameras, and roadway imperfections that might be important.
Also take note of the time, location, and other basic info.
Lastly, get contact info for anyone involved and anyone who saw the accident. Also get the other driver’s insurance information before wrapping up.
Do I Need to Go to the Hospital After a Motorcycle Accident?
If you were injured and you think it is serious enough to call a motorcycle accident lawyer about it, you probably need to go to the hospital. Get medical care right away from the EMTs, and if they recommend you go to the hospital, follow their medical advice.
Generally, the hospital is the right place to go for treatment instead of an urgent care clinic or your primary care doctor. Those clinics and private doctors often do not accept auto insurance billing and may deny you care if the claim is related to an accident. They also might not have the facilities for X-rays or emergency surgery and will need to send you to the hospital anyway.
Hospitals have to treat everyone, so make that your first stop after the EMTs.
If your injuries were not that serious on the day, you might still come down with effects afterward. For example, whiplash usually is not obvious until you wake up the next morning with a stiff neck. If an injury pops up later, get medical attention and document it immediately.
How Much Are Motorcycle Accident Cases Worth in Queens?
If you were injured, you can claim all of these areas of damages:
- Medical bills
- Lost wages
- Property damage
- Other expenses related to the accident
- Pain and suffering
- Emotional distress
- And more.
These damages will all be unique to your case and your situation. For example, a broken leg might be devastating to a collegiate athlete, destroying their future career; but it might not be as serious for an older adult who works behind a desk. However, it might be worse for the older adult when it comes to physical pain due to longer healing times for older adults.
The fact that you live and work in Queens might also play a part in your case. Your income, cost of living, cost of medical care, and other factors all play into what your total damages look like.
Suffice it to say, we cannot predict what your case is worth without looking into the specifics of what injuries you suffered, how they affected your life, and what economic and non-economic damages that caused you.
Common Causes of Motorcycle Crashes
Motorcycle riders often follow the law, knowing their safety is on the line. Most accidents are instead caused by other dangerous drivers, typically committing one of these traffic violations:
- Speeding
- Failing to yield
- Tailgating
- Drunk driving
- Distracted driving.
Alternatively, drivers might fail to look out for smaller vehicles on the road. Motorcycles get to share the road just like any other vehicle, but drivers who are only looking out for cars miss motorcycles, bicycles, and pedestrians all the time, leading to serious crashes.
Common Injuries for Motorcycle Riders in Queens
If you were involved in a crash, you could face serious injuries. While a helmet can help prevent serious head injuries and other safety gear can save you from other injuries, our motorcycle accident lawyers often see serious harm from these injuries:
- Back, neck, and spinal cord injuries
- Concussion and traumatic brain injuries
- Broken bones, especially ribs, collar bones, arms, and legs
- Road rash/abrasions
- Crush injuries
- Traumatic and surgical amputations
- Internal injuries
- Soft tissue injuries.
If you suffered any of these injuries, you likely need compensation for medical bills. Often, physical therapy, specialist appointments, X-rays, MRIs, and other care are also needed. These costs should all be covered in an injury claim.
Statute of Limitations to File a Motorcycle Accident Lawsuit in Queens
The statute of limitations is a legal term that refers to the time limit a victim has to file a motorcycle accident lawsuit in Queens. New York’s C.V.P. Law § 214 provides injured motorcyclists three years from the date of their injuries to file a lawsuit.
However, the rule is very strict. There are only a few exceptions to your case being dismissed if it is not filed within the three-year deadline. Motorcycle accident lawsuits are complex and generally require a good deal of time to gather the important evidence you will need to establish that the other driver was negligent in causing the accident.
If too much time passes, that evidence can become lost, and witnesses’ memories will not be as fresh when the time comes to recall the facts of the case.
Our Queens Motorcycle Accident Lawyers Can Help
Call The Carrion Law Firm today at (718) 841-0083 for your free case assessment with our motorcycle accident attorneys.
