Do I have a valid motorcycle crash case?

One of the most important steps to take after a serious accident is to speak with a licensed attorney to determine if another driver may be liable. When you call The Bongiorno Law Firm, we can review your situation in a free consultation to determine how our firm may be able to assist you.

If we determine you may be eligible for compensation, we are prepared to quickly get to work investigating and pursuing maximum compensation.

There are many details that we will likely consider to determine if you have case, including:

• Details of the crash, including how it happened and potential causes
• The type and severity of your injuries
• Your expected recovery timeline as diagnosed by your doctor
• Evidence from the accident scene, such as photos of vehicle damage, your injuries and the crash location
• Available insurance coverage
• Medical costs and other expenses you have incurred
• Whether you have missed work or had to reduce your hours

Proving Negligence For a Motorcycle Accident

Your New York motorcycle accident lawyer must prove your crash resulted from the other driver’s negligence, which is a legal theory that has four parts:

• Duty of care: Drivers must act reasonably to prevent harm to others, such as by following traffic laws.
• Breach of duty: The driver failed to uphold this duty.
• Causal link: The breach of duty directly caused the crash and your injuries.
• Damages: Tangible damages, such as lost wages and medical costs, must have resulted from the crash.

If you think negligence was involved in your crash, you have limited time to file a claim. Call The Bongiorno Law Firm for trusted legal assistance.

How Negligent Drivers Can Cause New York Motorcycle Collisions

Driver negligence is the main factor in many motorcycle accidents, leading to severe injuries and even fatalities. Motorcyclists are particularly vulnerable on the road, and when other drivers fail to follow traffic laws or act recklessly, the consequences can be devastating.

Below are some common examples of negligent actions by drivers that can endanger motorcyclists and other road users:

• Not yielding the right of way, especially when trying to turn in front of an approaching motorcycle. These collisions can occur in intersections, at roundabouts or when merging with other traffic.
• Running through a stop sign or red light: When drivers fail to stop, they can cause accidents with motorcyclists who are legally crossing an intersection. These collisions can be severe, as motorcycles lack the structural protection that cars have, often resulting in serious injuries to the rider.
• Not using a turn signal before changing lanes or merging into traffic: This is illegal and dangerous. Motorcyclists rely on the predictable behavior of other drivers to navigate safely. When a driver fails to signal their intentions, it can lead to sudden, unexpected movements that are difficult for motorcyclists to anticipate, increasing the risk of sideswipe or rear-end collisions.
• Reckless/aggressive driving: Common examples include weaving in and out of traffic, tailgating and distracted driving. These actions make it much harder to avoid a collision. Distractions are particularly risky, as they make it much more likely that drivers will overlook or misjudge the presence of a motorcycle.
• Speeding: Driving above the speed limit is a major factor in many traffic accidents, including those involving motorcycles. High speeds reduce the reaction time available to a driver and increase the severity of any collision that occurs. For motorcyclists, even a minor speeding incident can lead to catastrophic outcomes, given their limited protection against impacts.
• Impaired driving: Includes driving under the influence of alcohol, illegal drugs, or even prescription drugs. Substances that impair a driver’s abilities can severely affect their judgment, coordination and reaction times. For motorcyclists, encounters with impaired drivers are particularly dangerous because motorcycles are smaller, less visible, and offer no protection from vehicles.

What if the Other Driver Does Not Have Enough Insurance?

While drivers can seek compensation from their personal injury protection insurance, riders are not required to purchase this no-fault coverage. That means they need to seek compensation from the driver’s liability insurance.

New York requires drivers to purchase the following minimum amounts of coverage:  

• Bodily injury liability: $25,000 per person and $50,000 per accident
• Death liability: $50,000 per person and $100,000 per accident
• Property damage liability: $10,000

While many drivers purchase more than the minimum coverage, it may still be insufficient to cover all damages. In these situations, riders may be able to turn to the underinsured motorist coverage in their own policy.

If the negligent driver who caused your collision does not have any insurance, you may be able to use your uninsured motorist coverage. However, these claims can be complicated, which means you benefit from hiring an experienced lawyer.

Do Filing Deadlines Apply?

There is a three-year deadline for filing a motorcycle accident lawsuit in New York. Once those three years pass, you lose the right to file a lawsuit.

Although three years sounds like a long time, you should not wait to reach out to a New York motorcycle accident lawyer for assistance. Lawyers need time to investigate and gather evidence, and the sooner you contact a lawyer, the sooner he or she may be able to recover compensation.

What if I Was Not Wearing a Helmet During My Motorcycle Crash?

In New York, wearing a helmet is mandatory for all motorcycle riders. However, you can still seek compensation if you were not wearing a helmet at the time of your accident.  

The insurance company may use New York’s comparative negligence system to reduce the value of your claim. They would argue your failure to wear a helmet contributed to your injuries. However, this would be a weak argument if you did not suffer a head injury in the collision.

Our lawyers can help you understand how comparative fault can impact your case. More importantly, we can build a strong case to prevent the insurance company from assigning you more fault than is necessary.