Motor vehicle accidents are the leading causes of personal injury in the state of New York.
Motorcycles are by far more dangerous than cars because they lack the protection of a steel cage, are less-visible to other drivers, and are more susceptible to hazardous road conditions. Between cars not checking their blindspots or following their lanes, bicycles in their lane, pedestrians crossing the street without looking, and poor visibility from truck drivers, riding a motorcycle can be extremely dangerous.
Motorcyclists are 15 times more likely to die in a traffic compared to passenger vehicle occupants.
Table of Contents
- 1 Frequently Asked Questions About Motorcycle Accident Injuries
- 2 Motorcycle Accidents
- 3 New York Motorcycle Accident Statistics
- 4 Motorcycle Accident Settlement
- 5 Contact Belluck & Fox for a Free Consultation
- 6 Call The Top Rated Personal Injury Attorneys at Belluck & Fox For Help With Your Motorcycle Accident Claim
Frequently Asked Questions About Motorcycle Accident Injuries
You were cruising on your motorcycle and out of nowhere got slammed by a distracted driver. Unfortunately, this scenario is not uncommon. Statistics show that about 80 percent of motorcycle accidents are caused by another driver, according to a National Highway Traffic Safety Administration report.
So now that you’re faced with huge medical bills, a demolished bike, and a serious injury that might cause permanent problems, what do you do?
Schedule a free consultation with the skilled New York motorcycle accident attorneys atBelluck & Fox to get answers to your questions and learn how we can help you pursue the compensation you deserve. You can also visit our locations near you.
Some of the questions our knowledgeable attorneys frequently answer include:
Send our attorneys the pictures and information you have collected, as they will likely be critical to your case. Keep all your other paperwork, too, from receipts for related expenses to unpaid medical bills, and log all time missed from work because of the accident and injuries.
When you put your trust in the experienced New York motorcycle accident attorneys at Belluck & Fox, we will conduct a thorough investigation of what led to your crash and the resulting injuries. We will also enlist the help of medical and financial experts, accident reconstruction professionals, and other specialists to assess your case and craft a solid legal strategy.
You may need to notify your insurer and speak with the police, but you aren’t required to share anything more than basic details. Don’t give a recorded statement and don’t admit fault. Insurance adjusters are skilled at getting accident victims to say things they shouldn’t, so your best bet is to let your attorneys handle the insurance company.
The other driver’s insurance company has made me a motorcycle accident settlement offer. What should I do?
Most insurers will do whatever they can to minimize costs, and that includes low-balling accident victims who are desperate for financial assistance. You should have the skilled negotiators at Belluck & Fox assess your case and the offer. We do not charge anything for initial consultations because we don’t want you to be pressured into accepting less than what you need and deserve. Contact us today.
Yes. New York is what’s called a “pure comparative fault” state. That means the courts will calculate fault in percentages and apportion blame accordingly. Compensation is based on that math.
It’s important to have New York-savvy motorcycle accident attorneys who know how to keep the other party from shifting an unfair share of the blame to you, reducing your compensation. You can count on Belluck & Fox to fight for the full and fair compensation you deserve.
I got hurt in a motorcycle accident, but I wasn’t wearing a helmet. Can I still pursue compensation?
Yes, but the amount of compensation might be affected, or even blocked, if the other driver’s lawyers can prove your injuries were worse because you weren’t wearing a helmet. The law in New York state is clear: All motorcycle drivers and passengers must wear a helmet and eye protection.
If you were seriously injured in an accident and were not wearing a helmet, you should speak with one of our knowledgeable attorneys right away to discuss your legal options.
What if the at-fault driver didn’t have insurance? Can I get my insurance company to compensate me for medical expenses and lost wages?
Motorcycles don’t qualify as motor vehicles under New York’s “no-fault” law, but motorcyclists can pursue compensation from their own insurers if they carry underinsured, uninsured, or supplemental underinsurance motorist coverage (UM, UIM, SUM coverage).
Compensation is tied to the facts of the accident and the severity of injuries and property damage involved. The attorneys at Belluck & Fox will seek maximum compensation for:
- Medical bills, both past and future
- The cost of repairing or replacing your motorcycle
- Lost income, both past and potential, for time missed on the job
- Pain and suffering, both physical and mental
- Punitive damages, in cases where extreme misconduct or even criminal actions led to harm
The clock begins ticking as soon as the accident happens. In general, motorcyclists have three years to file a personal injury claim, but it may be as short as 90 days. If you lost a loved one in a motorcycle accident, you have two years to file a wrongful death lawsuit.
However, it is important that you contact a skilled attorney as soon as possible after a motorcycle accident, because building a strong claim takes time and evidence needs to be preserved.
Belluck & Fox does not charge anything upfront to take on motorcycle accident cases. Instead, our skilled legal team works on a contingency fee basis. That means you don’t pay attorneys’ fees unless and until we secure compensation for you. The contingency fee will be a percentage of your compensation, typically one-third.
New York Motorcycle Accident Statistics
New York ranks sixth in the nation in the number of licensed motorcyclists. Governor George Pataki has declared every May “Motorcycle Awareness and You Month” to highlight safety issues and promote motorcycle safety courses. In 2003, there were 4,284 motorcycle accidents statewide, and 151 of those ended in death.
Most accidents are caused by driver error such as unsafe speed, failure to yield right-of-way, and inattention/distraction.
The increasing number of accidents in New York and around the country can be attributed to the increasing popularity of motorcycles. The Insurance Information Institute reports that sales of motorcycles reached about 1,100,000 in 2004, the highest level ever. At the same time, the number of motorcycle fatalities reached its highest level.
There has also been a sharp increase in the number of older riders. In 2004, 46 percent of motorcyclists killed in crashes were age 40 and over, compared with 23 percent 10 years earlier. However, the number of fatalities among motorcycle drivers under age 30 has decreased over the years, from 50 percent in 1994 to 32 percent in 2004.
New York’s helmet laws are credited with some of that decline. In this state, all persons operating or riding a motorcycle must wear approved helmets, and helmet reflectorization is required. Motorcyclists must also keep their headlights on in the daytime, and all operators and passengers must wear protective eye wear. In 2004 motorcycle helmets saved 1,316 lives, NHTSA says. If all motorcyclists had worn helmets, 671 more lives would have been saved. Helmets are estimated to be 37 percent effective in preventing fatal injuries.
Motorcycle Accident Settlement
What to do if you are in a motorcycle accident:
- Say nothing, or as little as possible about the accident to the police and other drivers.
- Report the accident to the authorities, even if you are afraid you will be blamed.
- See a doctor, even if you aren’t sure that you need it.
- Notify your insurance company.
- Contact an attorney at Belluck & Fox, LLP.
Statistically, motorcycle accidents are usually the fault of the other driver involved in the accident, largely because motorcycles can be difficult to see. When there is a motorcycle accident, the results are often devastating. Victims are often left with serious injuries, brain injury, or permanent disabilities; some do not survive. A good personal injury lawyer will be able to make sure that you are fully compensated for your injuries.
Contact Belluck & Fox for a Free Consultation
Our legal team bring decades of experience to the table, and our fierce litigators have earned some of the largest verdicts of the year, according to the National Law Journal. Belluck & Fox, LLP can help you understand your motorcycle insurance coverage.
Call or fill out our online contact form today to schedule a free consultation with our injury lawyers in NYC and learn how we’ll stand up for you in a fight for justice.
Call The Top Rated Personal Injury Attorneys at Belluck & Fox For Help With Your Motorcycle Accident Claim
- Highly recommended NYC motorcycle accident lawyers with more than two decades of experience
- Excellent track record both in and out of court, securing more than $1 billion for injured victims and families
- Consistently recognized for providing high-quality representation and personalized customer service
- Top-rated injury attorneys, recommended by trusted legal professionals and satisfied clients
- Committed to aggressively fighting for the best possible outcome for clients after catastrophic accidents
- Resources to investigate complex motorcycle accident claims and discover essential evidence
- Strong relationships with popular and respected expert witnesses throughout New York
- Devoted to maintaining good communication with clients throughout the claims process
- Always available to meet with clients at a location that’s convenient - at home, urgent care clinics or even emergency rooms
- Authorized to handle a wide range of accident claims