If you own a motorcycle, you know firsthand just how fun it can be to ride. Yet at the same time, motorcycles can be incredibly dangerous. On average, 1,558 motorcyclists are hospitalized yearly in New York for accident-related injuries – and another 4,458 motorcyclists visit the emergency room.Â
Motorcycle drivers and riders are vulnerable to severe injuries in crashes involving careless drivers. If another driver or poor road conditions caused your accident, you might be able to file a personal injury lawsuit for your losses. A seasoned Garden City motorcycle accident attorney will work to get you maximum compensation for your losses, including lost wages, property damage, medical expenses, pain and suffering, emotional distress, and more.
With an office in Garden City, The Odierno Law Firm Accident and Injury Lawyers fight for the rights of accident victims throughout Long Island. We handle all cases on a contingency fee basis, which means that we never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Nassau County personal injury lawyer, reach out today.
Compensation and Settlements in Garden City Motorcycle Accident Claims
The majority of personal injury lawsuits are resolved outside of court. If you are involved in a motorcycle accident claim, there is a strong possibility that your case will be resolved through a settlement. Understanding the components of a personal injury settlement is important to make sure that you are getting fair compensation for your losses.
There are three potential types of damages in a personal injury case:
- Economic damages pay for direct financial losses. They include things such as property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. Economic damages can often be documented with invoices, estimates, and paystubs.
- Noneconomic damages pay for indirect losses such as pain and suffering, reduced quality of life, loss of enjoyment of life, emotional distress, scarring, and disfigurement. While it can be harder to prove noneconomic damages, they are just as important to a full recovery after a traumatic event like a motorcycle accident.
- Punitive damages may be awarded in cases where the defendant acted intentionally or recklessly. The goal of punitive damages is to punish someone who acted badly, such as a drunk driver. Punitive damages aren’t awarded in cases involving ordinary negligence.Â
Both economic and noneconomic damages are considered compensatory damages. They are available in most personal injury lawsuits. Punitive damages are not always awarded but can be an important way to seek justice if someone caused your accident intentionally or recklessly.
Motorcycle accidents sometimes result in fatalities. In this situation, you may be able to file a wrongful death claim through your loved one’s estate. Damages in a wrongful death case may include medical expenses, funeral and burial costs, loss of income, loss of support, and more.
Insurance companies often try to resolve motorcycle accident claims with a lowball settlement offer. Their goal is to resolve the case for as little money as possible. They use a variety of tactics to achieve this goal, such as contacting accident victims before they’ve had a chance to talk to a lawyer or pressuring them to accept a settlement offer.
The best way to protect yourself and get a fair settlement is by working with an experienced Garden City motorcycle accident lawyer. Studies show that people who have legal representation recover an average of 40% more than people who represent themselves in personal injury cases. Reach out to our law offices today to learn more about how we can help you get maximum compensation for your motorcycle accident case.
Filing a Motorcycle Accident Lawsuit in Garden City
If someone else caused your motorcycle crash, then you might be able to file a lawsuit against them. In New York, personal injury cases are usually brought on a theory of negligence (carelessness). A person is negligent if they fail to use the level of care that a reasonable person would use in a similar situation.
The accident victim (plaintiff) has the burden of proving that the at-fault party (defendant) was negligent. To do so, the plaintiff has to introduce evidence of 4 elements:
- Duty: the defendant owed the plaintiff a duty to use reasonable care.
- Breach: the defendant violated that duty, such as by driving too fast for conditions.
- Causation: this violation caused the plaintiff’s injuries
- Damages: the plaintiff suffered losses as a result of the accident.
In many Garden City motorcycle accident cases, negligence is relatively easy to prove. For example, if a driver turns across traffic and t-bones a motorcyclist, then negligence is pretty clear. There are many situations where proving negligence can be much harder – particularly in motorcycle crash cases.
Some motorcycle accidents appear to be single-vehicle incidents but may have been caused by someone else. For example, if a motorcyclist skids and crashes after a car cuts them off in traffic, they might be able to pursue compensation against the driver for their negligent driving. Similarly, if a motorcyclist wrecks their bike because of poor road conditions, then they could potentially bring a claim against the government agency responsible for maintaining that roadway.
There may also be cases where both the motorcyclist and the driver share some portion of the blame. Under New York’s pure comparative negligence laws, you can still pursue a claim against an at-fault driver even if you were partially at fault. Your total recovery will then be reduced by the percentage that you were at fault.
While most personal injury cases are based on negligence, you can also file a lawsuit for intentional or reckless conduct. For example, if a drunk driver slams into your motorcycle, you could sue them for their reckless driving. Your ability to file a civil lawsuit against a defendant in this case is not limited by whether or not the police choose to charge them with a crime.
Of course, if law enforcement does issue a citation or charges the other driver with a crime, then it may be easier to prove your case. Under the theory of negligence per se, negligence is presumed if the defendant violated a law that was designed to protect people like you and that violation caused the accident. For example, if a driver rear-ended your motorcycle because they were texting and driving, negligence might be presumed because they violated New York’s distracted driving laws that were designed to prevent car accidents.
It can often be hard to know whether or not you have a viable claim. If you were hurt in a motorcycle accident, your best option is to reach out to a Garden City motorcycle accident attorney for a free consultation. Our legal team will help you understand your rights and will work with you to help you get maximum compensation for your losses.
Will My Motorcycle Accident Case Go to Trial?
According to Department of Justice statistics, the vast majority of personal injury lawsuits are resolved outside of court. However, it is often necessary to file a lawsuit to preserve your legal rights under the New York statute of limitations (which is 3 years for most cases). A lawsuit allows you to continue negotiations while learning more about the other side’s case.
If the insurance company won’t offer a fair settlement, then it may be necessary to go to trial to get the compensation that you deserve for your injuries. Our experienced Garden City motorcycle accident attorneys will work hard to negotiate a fair settlement – and will represent your interests in court when necessary. Contact The Odierno Law Firm Accident and Injury Lawyers to schedule a free consultation.
Can I File a Claim Against the Government for My Motorcycle Accident?
If your motorcycle accident was caused by a government employee or something like poor road maintenance, you might be able to file a claim against the government. For example, if a Garden City public works truck sideswipes your motorcycle, you could file a claim against that agency for your losses. Similarly, if you crashed on your bike because of a massive pothole that the city failed to fix, you could potentially file a claim with the city.
Governments enjoy some protection from lawsuits that the average person does not, so there are special procedures in place for suing the government. Our Garden City motorcycle accident lawyers are adept at navigating government personal injury lawsuits. Call The Odierno Law Firm Accident and Injury Lawyers today for a free consultation with a member of our legal team.
Causes of Motorcycle Accidents
Most auto accidents are caused by driver error. The same holds for motorcycle accidents. In Garden City, NY, some common causes of motorcycle accidents include:
- Making left turns across traffic
- Speeding
- Driving under the influence of alcohol and/or drugsÂ
- Lane splitting, which is illegal in New York
- Distracted driving
- Changing lanes without checking to make sure that the road is clear
In many cases, motorcycle accidents are caused by drivers failing to watch for motorcycles. When they stop suddenly, change lanes without looking, or cut motorcycles off, it can cause a crash – even if the vehicle never strikes the motorcycle directly.
Unfortunately, motorcyclists often suffer severe or catastrophic injuries in these accidents. Compared to occupants of cars, trucks, and SUVs, motorcycle riders have relatively minimal protection. It isn’t surprising that in Nassau County, motorcyclists have the highest average cost for hospitalization for accident-related injuries.
While each case is different, some types of injuries are more common in motorcycle accident cases given this lack of protection. Common motorcycle accident injuries include:
- Internal organ damage
- Brain injuries
- Broken bones
- Spinal cord injuries
- Road rash
- Death
If you have been hurt in a motorcycle crash, you may be able to file a personal injury lawsuit against the at-fault party. Our team of experienced Garden City personal injury attorneys will work with you to help you get the compensation that you deserve for your losses.
The process starts with a free initial consultation. You’ll have a chance to tell us what happened and we will offer you our legal advice on your rights and options for pursuing a claim. If you decide to hire our law offices, we will get to work right away to start investigating your case.
This investigation will typically include requesting accident reports, interviewing witnesses, reviewing photos and videos of the scene, gathering your medical records, and working with experts. We will also perform legal research and analyze insurance coverage. In each case, our goal is to negotiate a settlement for as much money as possible – and as quickly as possible.Â
Hurt in a Motorcycle Accident? Contact Our Law Firm Today.
Being close to the road and feeling the wind whipping by your face are just two reasons why riding a motorcycle can be so exhilarating. However, these same benefits can also lead to more serious injuries if you are involved in a motorcycle accident. Our law firm will advocate for your right to full compensation for your injuries. Â
The Odierno Law Firm Accident and Injury Lawyers fights for motorcycle accident victims throughout Long Island. Our goal is to take on all of the stress, bureaucracy, and paperwork so that you can focus on what is truly important: getting better. To learn more or to schedule a free consultation with a New York motorcycle accident lawyer, give us a call at 631-752-8580 or fill out our online contact form.
