Motorcycle Accidents Can Change Lives
We Maximize The Amount That Injured Motorcyclists Recover
Fatal motorcycle accidents have been on the rise for several years. Because a motorcycle rider has much less protection, motorcycle accidents have a much higher incidence of death and serious injury per accident than car accidents. Because of their size, motorcycles are often not seen by automobile drivers, particularly bus and truck drivers. Dangerous road conditions also affect motorcyclists much more than automobile drivers.
If you or a loved one has been seriously injured, you may have a claim to recover losses resulting from the motorcycle accident. A lawyer at our Brooklyn, New York, firm, Lozner & Mastropietro, will analyze records of the crash and determine what sources of compensation are available to help you rebuild your life. Please contact our office if you would like to speak with an attorney about your case. We can answer your questions about motorcycle accidents and your rights.
If you suffered serious injuries or death as a result of the accident, it is necessary to file a personal injury claim and pursue legal action to recover the compensation to which you are entitled. The personal injury claim and lawsuit should be filed against the responsible parties for financial losses such as medical bills, property damage, and lost wages; as well as non-economic damages, such as pain and suffering. It is important that your lawyer work with the appropriate medical and economic experts to calculate the full value of your claim. Questions our attorneys will ask include:
- Did the driver of another vehicle fail to yield right of way and cut off the motorcycle?
- Was the crash the result of dangerous road conditions?
- Was the biker hit by a drunk driver?
- Was the accident caused by defective equipment?
- Did the insurance company offer a reasonable settlement for a serious injury?
- If the victim suffered a permanent disability such as quadriplegia, paraplegia, or brain damage what is the true cost of life care?
Motorcycle Accidents: Deadly Statistics
The National Highway Traffic Safety Administration (NHTSA) reported that 3,661 motorcyclists were killed and 67,000 were injured in motorcycle accidents in the United States in 2003. Per mile traveled, motorcyclists are about 27 times as likely as passenger car occupants to die in a traffic crash. While 20 percent of passenger vehicle accidents result in injury or death, an astounding 80 percent of motorcycle accidents result in injury or death. By seeing that our clients recover full compensation for personal injury or wrongful death claims our lawyers hold responsible parties accountable for these tragedies. Please contact our Brooklyn office for more information.
Contact New York Motorcycle Accident Lawyers
At Lozner & Mastropietro, in Brooklyn, our trial attorneys are dedicated to helping victims of motorcycle accidents and their families recover full compensation for their losses. If you have been injured or a loved one killed as a result of a motorcycle accident, please call 917-920-9431 or use our online contact form to schedule a free consultation.
New York Helmet Laws And Safety Recommendations
Did you know New York was the first state in the nation to adopt a universal motorcycle helmet law? It took effect on January 1, 1967. The law requires all operators and passengers to wear a helmet approved by the Department of Transportation (DOT). Helmets must meet federal motor vehicle safety standards and display a DOT sticker to indicate compliance.
While helmets and eyewear are legally required, there are additional legal requirements and safety measures that can protect in a motorcycle accident:
- Reflective surfaces: Incorporating reflective surfaces on helmets, either built-in or added on, can significantly increase visibility, especially at night. This is not a legal requirement but is highly recommended to enhance safety and ensure other road users can see you.
- Eye protection: Even if the motorcycle has a windscreen, wearing proper eye protection is required and can be crucial for your safety. Helmets that include built-in eye protection eliminate the need to use additional eyewear under the helmet.
- Optional safety gear: Although not legally mandated, wearing protective gear such as gloves, leather pants, footwear and jackets is wise. These items can provide significant protection to reduce injury severity in the event of an accident.
- Lighting: Motorcycles must have approved, functional lights, including a headlight, rear light, stop lamp and license plate lamp. There must be at least one red reflector on the rear, and directional signals if the motorcycle was originally equipped with turn signals or is a 1985 or newer model.
Following these laws and safety recommendations can protect your well-being, but that is not the only reason to do so. It helps prevent allegations that you caused or contributed to the crash by violating the law.
That means you will have a better chance of obtaining the entire injury award. If deemed totally or partially at fault for the accident under New York comparative fault laws, your compensation will be reduced proportionally. A seasoned lawyer can help you demonstrate another party’s liability.
Frequently Asked Questions about Motorcycle Accidents
When I buy a motorcycle, do I need to have insurance?
Yes. New York State requires that you carry liability insurance to cover others who may be injured by the negligent operation of your motorcycle. It is recommended that you purchase liability coverage up to $100,000/$300,000. This is particularly important due to the serious injuries a passenger on your motorcycle may suffer if you have an accident. It is also recommended that you purchase Uninsured/Underinsured Motorist coverage of $100,000/$300,000 should you be injured by the negligence of an uninsured or underinsured motorist.
Who pays my medical bills if I am injured in an accident?
There is no Personal Injury Protection (PIP) or No-Fault benefits for motorcycles as there is with automobiles. Only your own personal health insurance will pay, if you have it.
Who pays if my motorcycle is damaged?
If you purchase collision coverage, your insurance company will pay for the damage, minus your deductible. If another motorist causes the damage to your motorcycle, you can either present the damage claim to that drivers insurance company, if they have insurance, or present the damage claim to your company. It is usually easier to present the claim to your company. Your insurance company will then sue the other motorist for what it paid and can even get your deductible back.
Who pays if my motorcycle is stolen?
You should purchase comprehensive coverage to cover your motorcycle for theft, fire and vandalism. Your insurance company will pay the lesser of the book value of the motorcycle less a deductible or the value of the damage. If you have after market parts installed or have a collectors motorcycle, you should insure it for its full value.
Who pays if an uninsured driver injures me?
You should purchase what is called uninsured (UM) or underinsured (UIM) coverage. This coverage is important since so many motorists fail to carry sufficient insurance or any insurance to cover your injuries. Be sure to purchase the same limits for your UM or UIM coverage as you do for your liability coverage. The higher liability limits you purchase, the higher UM or UIM limits you can purchase.
Will my UM coverage pay me if I am injured in a hit and run accident?
It depends. In New York State, there must be contact between your motorcycle and the other vehicle for your coverage to pay. If there was no contact, such as an emergency braking situation causing you to fall or being forced off the road with no contact with the other vehicle, then your UM coverage will not cover your loss.
