Motorcycle Accident Attorney in New York

Legal Experience and Knowledge You Can Trust

If you’ve been injured in a motorcycle accident, Polanco & Associates, PLLC is ready to help you pursue justice and the compensation you need to move forward. With extensive experience handling complex cases for injured victims, we know how to protect your rights and fight for the outcome you deserve. Our track record of multi-million dollar results speaks to our ability to secure success for our clients. We offer free consultations and work on a contingency basis, meaning you don’t pay unless we win your case. To make the process easier for you, we’re available for evening and weekend appointments. Contact Polanco & Associates, PLLC and take the first step toward holding those responsible accountable for your injuries and losses.

Seek expert advice from a trusted motorcycle accident lawyer at Polanco & Associates, PLLC. Reach out to us today or call (718) 215-0240 to book your free consultation.

Common Causes of Motorcycle Accidents in New York

Motorcycles are an increasingly popular form of transportation to save money on gas and move more freely through a crowded and congested city, but riders throughout New York City are at risk for motorcycle accidents on city streets and highways due to negligent or reckless automobile drivers, as well as roadway defects and hazards. While cars are continually being made safer for their occupants in the event of a collision, motorcycle riders remain exposed and vulnerable to catastrophic injury or wrongful death, often with nothing more to protect them than a helmet, boots, and riding leathers. A biker who is forced off the road or into a skid may suffer only cuts and bruises and property damage if well-protected, but an impact with a car, truck, or van can end in multiple fractures, permanent paralysis from a spinal cord injury, or worse. When motorcycle riders are seriously injured due to the negligence or wrongful conduct of another, they should be able to recover compensation for their medical expenses, time lost from work, pain and suffering, and other damages under the law.

Bikers may also drive carelessly or recklessly, or heedless of the fact that they may be less visible to other cars on the road. Negligent riding can be the cause of an accident or a contributing factor. When both the automobile driver and the motorcycle rider are partially to blame for causing the accident, New York’s comparative negligence law will assign a measure of responsibility to each party. An injured plaintiff may still recover against a negligent defendant for the portion of the damages that are the defendant’s fault, regardless of the plaintiff’s negligence.

In New York, bystanders and witnesses play a crucial role in motorcycle accident investigations. Gathering testimonies can help piece together events, providing clarity for legal analysis. Video footage from nearby CCTV cameras can similarly offer insight and often becomes vital evidence in determining liability.

How Negligent Drivers Put Motorcyclists at Risk

Automobile drivers are expected to drive with ordinary, reasonable care. This duty includes being aware of the weather, traffic patterns, and other conditions around them at all times, including the possible presence of motorcycles. Motorcycles may be harder to see than other cars on the road, and they often come up suddenly into view, but it is the driver’s responsibility to constantly scan the road around them and drive carefully. Some drivers simply do not respect motorcycles and intentionally drive recklessly or aggressively around them, failing to give bikers adequate room to maneuver or time to react to poor decisions.

Roadway Hazards That Threaten Motorcycle Safety

Negligent roadway design that is too steep, too sharply curved, or improperly marked with signage can be especially dangerous to a motorcycle, which is inherently less stable than a four-wheeled vehicle. Insidious defects in a poorly-made road, such as uneven pavement or defective joint sealant pose additional risks, as do temporary conditions such as debris on the road, particularly sand, silt, or loose gravel blown onto the road surface from nearby road work or a construction zone. Subtle changes in road conditions may not even be noticed by larger vehicles, but they can be disastrous to the motorcycle rider.

Staying Safe on New York Roads

Motorcycle riders need to be acutely aware of weather and road conditions, as even a slight drizzle can reduce traction and increase the risk of skidding. Additionally, urban environments present unique challenges, including sudden stops, frequent turns, and the unpredictable behavior of pedestrians and cyclists. Riders must be vigilant in anticipating these elements to avoid potential dangers, stay alert, and adjust their speed accordingly.

How Long Does It Take to Resolve a Motorcycle Accident Case?

The time it takes to resolve a motorcycle accident case depends on many factors. Simple situations with clear liability and minor injuries may be resolved in several months, especially if the at-fault party's insurance company cooperates. On the other hand, more difficult cases that involve several parties, contested liability, or serious injuries often require more time to resolve—sometimes more than a year.

In order to create a compelling case, a motorcycle accident lawyer in New York will first concentrate on obtaining evidence, including witness accounts, police reports, and medical records.  Your attorney may have to file a lawsuit if a reasonable settlement cannot be reached; this prolongs the process but guarantees that your rights are upheld.

The extent of your injuries also plays a significant factor. To fully grasp the magnitude of your damages, it's usually better to wait until after you've finished medical treatments. Speak with a knowledgeable motorcycle accident attorney to make sure your case progresses smoothly and to increase your chances of being awarded the maximum amount of compensation.

New York Motorcycle Accident Laws

If you’ve been injured in a motorcycle accident, understanding your legal options is vital. Victims of motorcycle accidents may seek compensation for medical expenses, lost wages, pain and suffering, and other damages caused by another party's negligence. However, pursuing these claims can be complicated, especially when insurance companies attempt to reduce payouts or deny claims outright.

A skilled motorcycle accident attorney can help you gather evidence, identify responsible parties, and negotiate a fair settlement. Unlike drivers of other motor vehicles, motorcyclists in New York cannot access No-Fault insurance benefits, which means filing a lawsuit may be necessary to recover your losses. Working with an experienced motorcycle crash attorney in New York ensures you have an advocate who understands the unique challenges of motorcycle accident cases and will fight to protect your rights. Don’t hesitate to reach out for legal assistance to pursue the compensation you deserve.

Speak with an experienced motorcycle accident lawyer near you in New York today. Call (718) 215-0240 or fill out our online form to get started.

FAQs About Motorcycle Accident Claims in New York

What Compensation Is Available for Motorcycle Accident Victims in New York?

In the aftermath of a motorcycle accident in New York, victims may be entitled to compensation for a variety of damages. These often include medical expenses, ranging from immediate emergency care to long-term rehabilitation costs. Lost wages can also be claimed if the victim’s injuries have led to time away from work. Additionally, compensation for pain and suffering, which accounts for physical discomfort and emotional distress, is typically considered. In cases of severe injury leading to disability, victims might also pursue damages for loss of earning capacity, acknowledging that future earnings may be impacted. Property damage, primarily for repair or replacement of the motorcycle, can also form part of the claim, along with potential punitive damages if negligence was particularly egregious.

How Does New York's No-Fault Insurance Law Affect Motorcycle Accidents?

Unlike other vehicles, motorcyclists in New York are not covered by the state's no-fault insurance laws. This means that motorcyclists must pursue compensation through a personal injury claim against the at-fault party rather than relying on their insurance provider to cover expenses related to the accident. The absence of no-fault coverage implies that motorcyclists have to demonstrate the negligence of the other driver to secure compensation for their injuries and damages. This highlights the importance of gathering substantial evidence, such as witness statements, police reports, and photographs of the accident scene, to build a strong claim.

What Should I Do Immediately After a Motorcycle Accident in New York?

In the immediate aftermath of a motorcycle accident, ensuring safety should be the top priority. Move to a safe location if possible and check for any injuries. Calling 911 is crucial to ensure emergency medical services and police assistance are dispatched to the scene. Exchange contact and insurance information with any other involved drivers and gather contact details of witnesses, if possible. Document the accident scene with photos, including vehicle damage, road conditions, and any visible injuries. Once the situation is stabilized, seeking medical attention even for minor injuries is vital, as some symptoms might manifest later.

How Can a Motorcycle Accident Attorney in New York Assist in My Claim?

A motorcycle accident attorney in New York can provide invaluable assistance following an accident. They can help victims understand the legal options available and navigate the complex New York legal system to ensure fair compensation for their injuries. An attorney will handle all aspects of a personal injury claim, from gathering evidence and negotiating with insurance companies to representing the victim in court if necessary. This support allows victims to focus on recovery while ensuring that their rights and interests are fully protected.

Why Choose Us for Your Motorcycle Accident Needs in New York?

At Polanco & Associates, PLLC, we pride ourselves on offering individualized attention and support for each client. Our dedicated team of motorcycle accident lawyers understands the unique challenges that motorcycle accident victims face and works tirelessly to achieve the best possible outcome. Clients choose us because of our commitment to personalized service, clear communication, and proven track record in achieving successful resolutions. Our attorneys remain accessible throughout the legal process, providing the peace of mind needed during such challenging times.

If you have been involved in a motorcycle accident, contact Polanco & Associates, PLLC for a free consultation regarding your personal injury claim.