Westchester County Motorcycle Accident Attorneys

The roads of New York State attract motorcycle enthusiasts from all over. Our state has a lot to offer anyone looking to get out on the open roads. Unfortunately, motorcycle accidents are on the rise. The number of injuries and deaths from motorcycle crashes has increased drastically in the last ten years. Motorcycles are difficult to see and offer very little protection. When a motorcyclist gets into an accident, they may need to consider their legal options. If you were not at fault for a collision and are suffering from a serious injury, contact Hausman Law Group. Our Westchester County motorcycle accident attorneys will explore the details of your case and educate you on your legal options. If you need an effective attorney to represent your interests in and out of court, contact Hausman Law Group for a consultation.

New York State Motorcycle Helmet Laws

In New York, all motorcyclists, regardless of their age or riding history, must wear a helmet at all times when riding a motorcycle. Additionally, riders are required to wear goggles or a protective face shield.

Helmets must be in compliance with federal safety standards and be approved by the Department of Transportation, as indicated by a DOT symbol. Additionally, motorcycle passengers must also wear an approved helmet.

Filing a Claim If You Weren’t Wearing a Helmet

It’s important to understand that, even if you were not wearing a helmet at the time of the accident, you will still be able to recover compensation in accordance with New York’s comparative negligence rules. However, in accordance with this statute, you will likely be found partially negligent, in which case your compensation will be reduced by your percentage of fault in the accident.

For example, if you are struck by a negligent driver and a jury awards you $500,000 in damages, but also finds you 25% at fault because you were not wearing a motorcycle helmet, your compensation will be reduced to 75% of the $500,000 award.

Common Causes of Motorcycle Accidents in New York

In some instances, motorcycle accidents may be caused by weather conditions like fog or heavy rain, while poor road conditions or defective parts can also cause a collision. Unfortunately, however, you’ll find that the majority of these accidents are caused by driver negligence. This includes:

• Reckless driving and excessive speed
• Failure to observe traffic signs, lights, or rules of the road
• Drunk, drugged, or drowsy driving
• Distracted driving, including using any electronic device without hands-free technology
• Another motorist’s failure to yield or ignoring blind spots
• Unsafely changing lanes and rear-end collisions
• Misjudging an approaching motorcyclist’s speed when making left-hand turns

PIP and Motorcyclists

Motorcycle accidents are often more serious than other motor vehicle accidents, simply due to the nature of the vehicle. Motorcycles offer much less protection to a driver than a car or truck does, as there is nothing to shield the impact of an accident. Motorcycle riders, however, are not offered the same medical coverage provided to those with auto insurance.

Typically, if you are in an automobile crash, you have what’s called personal injury protection coverage. PIP is coverage that will help you with medical expenses and lost wages. However, motorcyclists in New York State are not afforded PIP insurance and will be required to cover their expenses out of pocket.

If you are a motorcyclist who is injured by a negligent driver, you will be unable to file under PIP coverage, meaning you will have to pay out of pocket for your medical expenses, unless you file a claim with your health insurer or successfully pursue damages from the liable party.

Recovering Damages

If you were injured in a motorcycle accident in Westchester County, you will have to establish that your injuries are serious and that the motorist was negligent in the operation of the vehicle, which ultimately resulted in the accident. If you can prove that your injuries were caused by the negligence of another person, you may be able to recover damages that can cover medical bills, lost wages, and more.

There are two categories of damages that may be recovered in an injury case: economic and non-economic. Economic damages may include medical expenses, lost wages, property damage, and loss of earning potential. Non-economic damages may include emotional distress, pain and suffering, and loss of enjoyment of life. It is essential to retain the services of an experienced personal injury attorney who can effectively fight on your behalf and help you recover the compensation you deserve. Contact Hausman Law Group today.

Satisfying the Burden of Proof After an Accident

In order to successfully pursue damages for an accident claim, you must meet the burden of proof. To do this, you must gather and present evidence to help show that the negligent actions of the other party are responsible for the pain, suffering, and damages you have endured. While the aftermath of an accident can be overwhelming, it’s important to remain calm and take the following steps if you have been injured.

1. Call 911: This ensures the police dispatch an ambulance, file an official accident report, and conduct chemical testing if necessary.
2. Document the scene: Take photos and videos of the accident aftermath. Many motorcyclists also wear bodycams, which provide vital footage of how the collision occurred.
3. Seek immediate medical attention: Go to the hospital right away to treat your injuries and secure official medical documentation linking the severity and origin of your injuries directly to the accident.
4. Protect your digital footprint: Insurance companies may monitor your social media accounts after you file a claim. Limit your posting during this time to avoid sharing anything that could be used to contradict your case.

New York Statute of Limitations for Motorcycle Accidents

In New York, motorcycle accident claims, like all personal injury claims, are governed by a statute of limitations. This is the timeframe in which you have to pursue a claim against the negligent party.

In accordance with CPLR 214(5), the statute of limitations in New York is three years. As such, motorcyclists injured will have three years from the day on which the accident happened to file a claim. Failure to file within this timeframe will result in a permanent bar on your right to recover the compensation you deserve.

Contact our New York motorcycle accident attorneys

Hausman Law Group proudly serves clients in Westchester County and across the state of New York who have been involved in motorcycle crashes. A motorcycle collision can cause very serious injuries. If you are facing an uncertain future because of a serious injury caused by a motorcycle accident, you should contact Hausman Law Group. When you do not have PIP coverage, you need to consider your legal options so you can avoid future financial burdens. If you need a law firm committed to clients and persistent in its search for justice, contact the legal team at Hausman Law Group today to discuss your situation.