NEW YORK CITY AND WESTCHESTER
MOTORCYCLE INJURY LAWYERS
Motorcycle accidents involve some of the worst injuries that our New York City and Westchester personal injury lawyers see. On a motorcycle, there is literally nothing to protect you from an impact, besides your helmet. If you were injured because of a negligent driver who didn't see you, call our N.Y.C. motorcycle accident attorneys or our Westchester motorcycle accident lawyer today. One of the most frequent causes of motorcycle accidents is car and truck operators not seeing the person riding the motorcycle. This often occurs when the car or truck is changing lanes and the motorist fails to see the person riding the motorcycle.
THE LANE CHANGE ACCIDENT
Our Westchester and N.Y.C. motorcycle accident lawyers know that New York law requires all motorists to keep a proper look out and see what there is to see. This requirement includes checking the blind spot, before changing lanes. If a motorcycle is in their lane of travel, then a vehicle which is changing lanes, has to yield to them. When a car or truck comes into the lane where a motorcycle is travelling they are negligent and are responsible to compensate the injured motorcyclist.
THE INTERSECTION ACCIDENT
Another common type of accident case that our motorcycle injury lawyers have handled is intersection accidents, especially where the motorcycle is turning. A significant number of accidents occur at intersections where a car turns in front of a motorcycle. Unfortunately in these circumstances motorcycles cannot stop all of a sudden, and drivers are often unaware of the precarious positions which drivers put motorcycle riders in. The drivers always claim that because they are going straight, it was the motorcyclist's fault, but our NYC and Westchester motorcycle accident lawyers know better. We know that once a motorcyclist enters the intersection and the intersection is clear, he does not have to yield to a car that enters the intersection afterwards. In fact, once a motorcyclist starts a turn, they cannot stop without the bike falling on them, so as long as the intersection was clear, when the motorcyclist began the turn, the car had the obligation to slow down and let the motorcyclist complete the turn.
THE CAR DOOR ACCIDENT- GETTING DOORED
A frequent type of motorcycle accident occurs when a motorcyclist gets doored. This usually happens when the motorcyclist is in the right lane or on a one way street and suddenly a car door opens and there is no time to react. If you were on a motorcycle and hit a car door that suddenly opened, the law is on your side. Our New York City motorcycle accident lawyers know that the law requires that the car operator make sure that there are no oncoming vehicles and that it is safe to open the vehicle's door. So if you were doored while riding a motorcycle, in Manhattan, the Bronx, Brooklyn, Queens or Westchester, the law is on your side.
WHO PAYS THE MEDICAL BILLS
Motorcycles in New York present a number of intricate issues for personal injury lawyers that represent those injured in motorcycle accidents. The laws are complex and are traps for the unwary. The first problematic issue is that in New York insurance companies are not required to provide no fault benefits. For a motorcycle rider to be entitled to these benefits, they must be specifically purchased. So if you were injured in a motorcycle accident, your bills must be submitted to your private health insurance carrier for payment.
HOW LONG DO I HAVE TO SUE FOR A MOTORCYCLE ACCIDENT
If you suffered personal injuries in a motorcycle accident, there are time limits on your ability to file a lawsuit. In general, if your accident, involved in an accident with a car or a truck, you have to file a lawsuit within three years of the accident. If your accident involved a bus, municipal vehicle, like a police car, fire engine, street sweeper or transportation vehicle, then you have to file a notice of claim with the City, County or Town that owned the vehicle within 90 days and then file a lawsuit within one year and ninety days. If your loved one, died in a motorcycle accident, the general statute of limitations for wrongful death is two years.
If your accident involved a roadway defect, the answer depends on whether the road was a city, county or state road. For state roads, you need to serve a notice of intent to file a claim upon the New York Attorney General's office, and then commence a claim within two years. For City, County or Town Roads, you need to file a notice of claim within 90 days and then file a lawsuit within one year and ninety days.
NEW YORK CITY HAS THE MOST MOTORCYCLE ACCIDENT FATALITIES
Only 2 percent of registered vehicles in New York City are motorcycles, yet from 2010-14, motorcyclists accounted for 14 percent of traffic fatalities in New York City. New York City’s fatal crash rate for motorcyclists is nearly twice rate for New York State motorcyclists.
New York City’s fatal crash rate for motorcyclists (89 per 100,000 registered motorcycles) is nearly twice the fatal crash rate for New York State motorcyclists outside New York City (46 per 100,000 registered motorcyclists) and significantly higher than the national rate (56 out of every 100,000 registered motorcyclists). NEW YORK CITY MOTORCYCLE SAFETY STUDY
OTHER TYPES OF MOTORCYCLE ACCIDENTS THE DANGEROUS ROADWAY CASE
CAN I SUE FOR A BROKEN ROADWAY
A defective roadway, can be especially dangerous for a motorcycle rider. One minute you are cruising along and the next minute your handle bars turn, and you lose control of the bike and either you go flying or the bike lands on top of you. A dangerous road defect is usually the culprit. One of the most frequent questions that our New York motorcycle attorney are asked is "I dropped my bike because the road was broken can I use?" The answer is often yes, roadway defects can be dangerous because of gauges, pot holes, uneven roadway or broken road. New York law requires the towns, counties and cities that own the roads to maintain them in a reasonably safe condition. The State of New York is also responsible to maintain its roadways, such as the interstate highways, like the Major Deegan and I-95.
IS THERE A TIME LIMIT
Yes, To sue for personal injuries, from a motorcycle accident involving broken pavement on a City or County road, you need to file a notice of claim within 90 days of the accident. For a state road, the State of New York can only be sued in the Court of Claims, and to sue in the Court of Claims, you must file a notice of intent to sue, upon the attorney general and file it with the Court, within 90 days of the accident so that you preserve your right to sue. So it is essential to identify whether the roadway where your accident occurred is a City, County or State road.
PROVING THE CASE
Our experienced NYC motorcycle injury attorneys know that just getting hurt on a motorcycle because the roadway was in bad shape isn't enough to win the case. You have to prove that the City, County or State that owned the roadway or highway was negligent. That means they did something careless that made the road dangerous, such as unworkmanlike construction that resulted in a defect or that the municipality was careless in the maintenance of its roadway or highway. Our Westchester motorcycle accident lawyers have proven these cases by requesting the roadway maintenance records, roadway surveys and records of other accidents at that location. These types of cases are extremely difficult and require motorcycle accident lawyers, who have fought these cases before and know how to prove the case.
CONTACT OUR MOTORCYCLE INJURY ATTORNEYS
NO FREE UNLESS WE WIN YOUR CASE
CONSULTATIONS ARE ALWAYS FREE
Accidents involving motorcycle riders also tend to involve more serious injuries because of the obvious lack of protection to the rider, compared to a car or truck driver. The potentials for accidents with motorcycles are also increased because of the mechanics of a motorcycle and the physics involved in motorcycle operation. For over two decades, our personal injury lawyers have represented injured motorcycle riders in New York City, Westchester, Long Island and even upstate. Our New York City motorcycle accident lawyer understands that motorcycle accidents can involve serious injuries. We also understand that it is very important to get a favorable settlement for our clients if they have been in a motorcycle accident.
Our New York personal injury lawyers have experience in handling all sorts of accidents and are committed to protecting the New York’s motorcycle riding community of New York City, including Manhattan, Bronx, Brooklyn and Queens including the towns of Mount Vernon, Yonkers, Ossining, New Rochelle, Pelham, Port Chester, Scarsdale, Rye and Tarrytown. Our New York accident lawyers have offices in Manhattan and New York and consultations are always free. Give us a call today at (212) 858-0503 to speak with our New York City motorcycle accident lawyer. Our Queens NY motorcycle accident attorney will go over all the details of your case in detail and will plan the defense arguments in order to get you a favorable settlement for your injuries. For injuries in Westchester County or Rockland County, call our Westchester motorcycle accident lawyers for a consultation in our White Plains office at (914) 574-8330.
My husband has been with them since 2014 and still counting and they have been absolutely awesome. HE IS TRULY PROFESSIONAL!!! definitely will split the sea for you. We are blessed to have him handling my husbands case and already recommended him to a cousin which was also really pleased with the services. Michael is a shark and will bite these defense attorneys in there behind. BEWARE!!!! Darleny Almonte