Experienced Personal Injury Attorneys Helping Riders in the Bronx and Beyond
There are many great features of motorcycles, especially for Bronx and New York City residents. They are economical, relatively environmentally friendly (at least compared to full-sized vehicles), fun and exciting to ride; and, importantly, they tend to be easier to maneuver in traffic and park along the crowded and congested streets of New York. Unfortunately, there are some downsides of owning and operating a motorcycle as well. Perhaps the most significant downside of motorcycle ownership, at least in New York City, pertains to rider safety: motorcycle riders are in a much more vulnerable position compared to the driver of a car, truck, or SUV because they are exposed to the elements and relatively unprotected when accidents occur. This increases the risk of serious, life-altering injuries in an accident. Additionally, if an accident does occur, there can also be an unfair bias against the motorcyclist, which can make it harder for them to protect their rights without aggressive legal representation. The Bronx motorcycle accident lawyers at Jesse Minc Personal Injury Law have a track record of success in motorcycle accident lawsuits, and know what it takes to ensure that injured riders throughout the Bronx and New York City area, as well as the families of motorcyclists who suffer fatal injuries in motorcycle accidents, all of the compensation that they deserve when another driver’s negligence causes them harm.
In a New York motorcycle accident, it is not unusual for a rider to sustain catastrophic injuries, such as brain or spinal cord injuries or multiple fractures, many of which require long hospital admissions and lengthy and costly periods of recovery. Often, even with the best medical treatment, motorcycle accident injuries result in permanent disabilities. Medical bills can be staggering in motorcycle crash cases, and some riders miss months of work, or never return to their regular job due to their motorcycle accident injuries and resultant permanent disability. The victim’s pain and suffering is often devastating following a motorcycle accident; their lives are often forever and irreparably altered. These and other factors go into the final determination of the compensation that a rider is due if they are injured due to the careless actions of a driver or another party. Often, the parties will agree to settle the case out of court, but it is important for a motorcycle accident attorney in the Bronx or beyond to always be prepared to take a case to trial. Otherwise, the defendant’s insurance company may attempt to “lowball” the settlement, hoping that the injured person will not try to prove the defendant’s liability to a jury.
Our team of motorcycle accident attorneys will bring the necessary resources, care, experience and expertise to bear on your motorcycle accident lawsuit to ensure that you have the best possible chance of obtaining full compensation at trial if you are injured in a motorcycle crash. Contact us at (718) 354-8000 today for a free consultation to learn what your rights may be if you are injured.
No-Fault and Comparative Negligence in Motorcycle Accident Cases
In every New York car accident case, unless they are uninsured (which is illegal in the State of New York), injured car accident victims must rely on no-fault insurance to cover medical expenses, portions of their lost wages, transportation and certain other accident-related costs. Under Section 5102(d) of the New York Insurance Law (known as the “No-Fault Law”), car accident injury victims are not permitted to file a car accident lawsuit unless they can prove that they have sustained a “serious injury” as defined in the No-Fault Law. Fortunately for motorcyclists, however, New York’s no-fault law does not apply to motorcycle accident victims. Anyone injured in a motorcycle accident can sue for even the most superficial and minor of motorcycle accident injuries. There is thus no barrier to filing a claim in court with the assistance of a Bronx motorcycle accident attorney, so long as negligence can be proven to have caused the accident. To learn more about the application of the No-Fault Law to motorcycle accidents, click here.
On the other hand, one similarity between motorcycle accidents and other types of motor vehicle collision cases is that the doctrine of comparative fault can be used to reduce the damages that are ultimately available to an injured victim of a Bronx motorcycle crash. This rule applies if the defendant is able to show that the victim’s own negligence was a substantial contributing factor in causing the accident. If the parties cannot agree on the fault to be assigned to each of them in settlement negotiations, the question of comparative negligence will be decided by a jury at trial. Once the jury renders its verdict, judgment will be entered upon the verdict, and the total amount recovered by the injured victim who is found comparatively negligent will be reduced proportionally to their percentage of assigned fault after the total amount of damages is determined. The rule of comparative fault does not completely eliminate a victim’s right to receive damages, however, unless they are found to have been 100% responsible for the crash.
One key to our motorcycle accident lawyers’ success – both at trial and at the negotiating table – is knowing how to prepare a case to minimize our clients’ exposure to comparative negligence if they are injured in a motorcycle crash. We will vigorously cross-examine the defense witnesses, and will use our intimate knowledge of motorcycle accident law to demonstrate that their negligence far outweighs yours, thus giving you the best possible chance of full compensation if you are injured. Contact us today at (718) 354-8000 to learn how our motorcycle accident attorneys can help you prove your case.
Contact a Motorcycle Accident Lawyer in the Bronx About Your Case
People who have been injured in motorcycle accidents, car accidents, or truck accidents have a limited amount of time in which to file a claim against the other negligent driver that caused them harm. When problems relating to an improper roadway design are among the causes of a Bronx motorcycle crash, time limits to file a lawsuit against the owner of the roadway (usually a government entity) are even shorter, and can provide as little as ninety days for an injured motorcycle accident victim to file a notice of claim. This extremely short time limit also applies to motorcycle accidents involving public transportation vehicles such as trains or public busses. Waiting until just before this time period, called the statute of limitations, expires is unwise, very risky, and can result in your entire case being thrown out of court without consideration of its merits. A better course of action is to speak to an attorney as soon as possible after being involved in an accident of any type so that a proper investigation can be made, records can be obtained, parties can be properly identified, and the appropriate paperwork can be filed in a timely fashion. Jesse Minc Personal Injury Law is standing by to explain all of these concepts to you, offering free consultations if you call us at (718) 354-8000 or contact us online. We represent motorcycle accident victims and their families throughout New York City, including in the Bronx, Brooklyn, Queens, and Manhattan, as well as in Nassau, Suffolk, and Westchester Counties.
Common Questions About Motorcycle Accidents We Receive At Our Personal Injury Law Firm
After a motorcycle accident, victims and their loved ones have questions about the future and what will happen. Here are some common questions involving motorcycles, compensation and some specific to New York state, that we get at our law firm, as well as our answers. But if your question isn’t answered here, then please give us a call so we can listen to you. We can have a motorcycle accident lawyer on the phone with you in minutes.
How are my damages calculated?
While no one can ever predict correctly how much money a victim will be awarded in damages from a motorcycle accident, there are some general guidelines that will help you to have an overall idea of what you may receive in compensation. First, you may be entitled to compensation for your medical expenses associated with the accident including your emergency room visit and follow-up care. If you were unable to work due to the accident, then that will also be included in your compensation as long as you provide your attorney with your salary or hourly wage information.
All of these expenses are calculated and totalled by your attorney. But you might be wondering about the pain and suffering you endured. After all, you have probably changed everything about your life, from your morning routine to how open and vulnerable you are in front of your loved ones who may need to help you due to your injuries. So there is a multiplier between 1.5 and 5 that your total the damages will be calculated with in order to increase your settlement, to compensate you for your pain and suffering. This formula is not publicly given out, so there’s no way to really know how much you’re going to get, but in general the more severe consequences and the injuries resulting from the accident, the higher the multiplier. In cases of wrongful death, the multiplier can be as high as 10. If your injuries weren’t severe, then yours may be as low as 1.5 or 2. If you sustained broken bones and other serious injuries, then it could be around 4 or 5.
How long do I have to file my personal injury claim?
In the state of New York, you have 3 years from the event that caused you to sustain your injuries. After that point, your case will not be heard in court.
How Our Personal Injury Law Firm Can Help You
Our Bronx personal injury lawyers are read to fight for you so you can get the compensation you deserve while you concentrate on yourself. We fight so you can remain focused on your healing and growth through this difficult time. You should not fight your motorcycle accident alone. The insurance company has their own lawyers who are going to fight to limit how much you receive compensation due to the pandemic. Insurance companies are certainly feeling the pinch and are blaming the economy for delaying settlement payments. Our attorneys are ready to represent you in spite of these unprecedented circumstances. If you have any questions regarding the coronavirus pandemic, the insurance company or how your case will be affected, then give us a call right now. During your free consultation, which can be done remotely, we are happy to walk you through what to expect. We are still open during normal business hours and our injury lawyers are ready to listen to you and answer any questions you may have.