If you are injured in a motorcycle accident, and someone else may be liable, now is the time to get legal help. Talk with a motorcycle accident lawyer in Brooklyn, and they can explain the steps to take to pursue compensation from the liable party.
The legal team at Levine And Wiss has recovered hundreds of millions of dollars for our clients. Our Brooklyn personal injury lawyers can review your motorcycle accident case. From here, we may help you recover compensatory damages.
Let us evaluate your motorcycle collision case. To get started, schedule a free case consultation.
Why Choose Our Motorcycle Accident Lawyers in Brooklyn, New York?
Our motorcycle accident lawyers in Brooklyn are committed to justice and focused on you. We want you to care for your accident injuries while we build your case for compensation. Some of the ways that we can help you with your case include:
- Performing an investigation to find out who may be to blame for your accident
- Gathering statements from witnesses, traffic camera footage of your accident, police reports, and other evidence
- Assessing your accident losses and estimating your case’s value
- Negotiating the terms of a settlement with a liable party or their insurance company
- Bringing your case to trial if no settlement is reached
- Answering frequently asked questions about motorcycle crash cases and addressing your legal concerns throughout your case proceedings
Levine And Wiss has over 100 years of combined experience on staff. We can provide you with information about what to do after a motorcycle accident and other legal topics. If you are ready to file a motorcycle collision claim or lawsuit, we’re here to help. Contact us today.
What Is Your Motorcycle Crash Case in Brooklyn Worth?
Your motorcycle accident attorney in Brooklyn can teach you about the types of personal injury damages that you could recover in your case. Below are some of the economic and non-economic damages that judges and juries award to motorcyclists and their families:
- Current and long-term medical costs: Motorcycle accidents can result in catastrophic injuries, including paralysis, amputations, spinal cord injuries (SCIs), and traumatic brain injuries (TBIs). Your attorney will track your medical treatment costs, including those for emergency care, hospital stays, medical tests and procedures, and physical therapy.
- Pain and suffering: Your attorney may request compensation for your physical discomfort, emotional distress, post-traumatic stress disorder (PTSD), and other pain and suffering that you experience after your motorcycle collision.
- Lost wages: You may miss work as you receive medical help for injuries that you suffered in a motorcycle crash. Thus, your attorney may ask for damages to cover your loss of income or diminished earning capacity.
- Property repairs: Your lawyer can incorporate your motorcycle repair estimates or bills into your compensation request.
- Funeral and burial expenses: In some situations, you may be eligible to sue for a wrongful death after a motorcycle accident in which you lose a family member. By filing a wrongful death lawsuit, you could receive damages for your loved one’s funeral and burial expenses.
Your personal injury attorney wants you to track your accident losses for the duration of your case. They can give you information about what you could get if you win your case. Plus, they may help you settle your case without a trial.
Brooklyn Motorcycle Accident Lawyer Near Me
(888) 468-4878Should You Accept an Insurance Settlement?
After your crash, a liable party’s insurance company may contact you and offer a settlement. It may seem like a good idea to accept this offer, since doing so can give you money to use for your medical treatments and other costs from the incident. But remember, an insurance company’s goal is to protect its interests and those of its clients, not yours.
Your Brooklyn motorcycle accident lawyer can take care of communications with insurers for you. They know the tactics that insurance adjusters may use to contest motorcycle crash claims, like disputing the severity of motorcyclists’ injuries and blaming riders for accidents. Your attorney is unafraid to stand up to insurers and fight for maximum compensation.
Typically, your lawyer will advise you to be cautious as you go through the insurance claims process. Your attorney may tell you not to give a recorded statement to an insurance adjuster and to focus on your accident recovery. Meanwhile, your lawyer can negotiate a settlement. Or, if warranted, they may help you sue for compensatory damages.
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How Much Time Do You Have to File a Motorcycle Accident Lawsuit in Brooklyn?
In New York, personal injury lawsuits must be filed within a specific time period, known as the statute of limitations. For most personal injury cases, including motorcycle accident cases, this period is three years from the date of the accident or injury. Wrongful death lawsuits usually have a shorter deadline of only two years.
Err on the side of caution if you’re unsure about whether you have a case. Speak with a Brooklyn motorcycle accident attorney, and they can give you information about your eligibility for seeking compensation through a lawsuit.
If you file a lawsuit, you could still resolve your case outside of court. Your lawyer can discuss what it means to settle a case and help you weigh the pros and cons of any settlement offers. If you do not receive a reasonable settlement proposal, your lawyer has no issue with arguing your case to a judge or jury.
Who Is Responsible for a Motorcycle Collision?
Motorcycle accident attorneys in Brooklyn may review video footage of your collision, interview witnesses who saw the incident, and take other measures to investigate. Following their investigation, they may encourage you to file a claim or lawsuit against any of these potentially liable parties:
- Motorists
- Employers
- Motorcycle manufacturers
- Motorcycle parts manufacturers
- Mechanics
- Government entities
Regardless of who may be responsible for your collision, your lawyer may develop their argument around negligence. They want to be able to make it clear to a judge or jury that someone else may be liable for your collision, and because of this, should cover your losses from the incident.
How to Prove Negligence
In an initial consultation with Brooklyn motorcycle accident lawyers, you can share information about your collision, how it occurred, and who may be at fault. Next, your attorney may start to lay the foundation for their argument. In their argument, your lawyer may highlight how the following elements of negligence were present when your accident took place:
- Duty of care: A party has a legal obligation to avoid any acts that could put you and others in danger.
- Breach of Duty of Care: This duty is breached when the party acts carelessly or recklessly.
- Causation: The party’s decision to violate their duty may have contributed to your accident.
- Damages: These are your tangible and intangible losses from your accident.
You are subject to comparative negligence in your New York personal injury case. New York maintains a pure comparative negligence system. As such, if you sue someone for a motorcycle collision and are found to be partially liable, your damages will be reduced by your percentage of fault.
Does Insurance Cover Crashes Involving Motorcycles?
Those who ride motorcycles in New York are legally required to purchase insurance. By buying this coverage, you receive financial protection if you are liable for an accident. However, if someone else may be at fault for your accident, this party or their insurance company may cover your losses.
Brooklyn motorcycle accident attorneys can describe how insurance coverage differs for riders and drivers. Whereas motorcycle insurance in New York is at-fault, car insurance is classified as no-fault insurance. Therefore, if another party may be liable for your accident and you want compensation for your losses, you may want to proceed with a claim or lawsuit against them.
Your attorney can guide you through the insurance claims process. They want you to get an insurance settlement offer that encompasses your quantifiable and subjective losses. At the same time, they may prepare your case as if it will go to trial. To do so, they may collect evidence from various sources, which could help you prove in court that your case is valid.
Evidence That You Can Use in Your Case
If you say that a motorist or another party may have caused your accident, you may need evidence that illustrates to a judge or jury that you should recover compensatory damages.
Examples of evidence that may strengthen your case include:
- Witness statements
- Photos of potholes and other road hazards
- Photos of skid marks and other parts of the crash scene
- Medical records
- Cell phone records
- Employment records
- Pay stubs
- Crash reports
- Vehicle damage reports
Ideally, you have evidence that makes it tough for an at-fault party or their insurance company to disprove your case. Because of this, your evidence could lead to a reasonable settlement offer. Alternatively, if a trial is necessary, your lawyer can use your evidence to detail to a judge or jury that you should be awarded damages.
Why Do Accidents on Motorcycles Happen?
You may wear a helmet, follow the posted speed limit, and do other things to ride your motorcycle safely. In spite of this, you may still be involved in a crash that occurs due to another party’s negligent acts. Some of the reasons why motorcycle accidents are reported in Brooklyn and other New York communities include:
- Distracted driving
- Impaired driving
- Speeding
- Lane-splitting
- Left-turning vehicles
- Traffic congestion
- Road defects
- Inclement weather conditions
- Defective motorcycle parts or defective motorcycles
- Violations of New York vehicle and traffic laws
Personal injury lawyers want to identify the root cause of your crash. Outside of this, they can provide you with insights into the short- and long-term benefits of filing a legal claim for compensation for medical care for your accident injuries and other losses.
Common Types of Motorcycle Injuries
Motorcyclists who have been injured in accidents should seek medical attention immediately. At this point, doctors and other medical professionals can evaluate and treat motorcycle injuries before they escalate. Ultimately, motorcyclists could suffer many types of injuries in accidents involving motorists, pedestrians, and others. These injuries include:
- Road rash
- Head and brain injuries
- Spinal cord trauma
- Broken bones
- Hearing damage
Sadly, there are times when a rider suffers a fatal injury in an accident caused by another party. If you have lost a loved one in a fatal motorcycle crash, you could have grounds for a wrongful death claim or lawsuit. Wrongful death attorneys can examine your case and explain whether you may be able to take legal action against anyone who may be liable for your tragic loss.
Our Brooklyn, NY, Motorcycle Accident Lawyers Will Protect Your Rights and Best Interests
If you are worried about whether you can prove liability for your motorcycle accident, keep in mind that you have access to legal guidance and support. Brooklyn, NY, motorcycle accident attorneys can help you with your case. They may position you to recover compensation that serves you well now and in the future.
Levine And Wiss has served thousands of clients, including motorcyclists who have been injured in crashes caused by negligent parties. Our team works diligently and efficiently to fulfill our clients’ legal requests. In your case, we want to help you in any way possible.
Give us the opportunity to represent and advocate for you as part of an insurance claim or a personal injury lawsuit. For more information, request a free case consultation.