Queens Motorcycle Accident Attorneys
Motorcyclists face unique dangers on the road, largely because they lack the protection provided by larger vehicles. When motorcycle accidents occur, the rider is often seriously injured, and it is not uncommon for these accidents to be fatal. If you or someone you love was involved in a motorcycle accident, Koenigsberg & Associates Law Offices can help.
Our Queens motorcycle accident lawyers are well-versed in personal injury law and have a proven track record of success. We understand the many challenges you are facing, and we are prepared to fight for the maximum compensation you are owed.
Call (718) 690-3132 or contact us online today to request a free, no-obligation consultation. We are available 24/7.
Common Causes of Motorcycle Accidents
Motorcycle accidents occur all too frequently. In fact, a motorcyclist is injured in a crash every 7 minutes in the United States. Many of these accidents are caused by the negligence of other motorists, but other factors may also contribute.
Some of the most common causes of motorcycle accidents include:
- Distracted driving
- Drunk driving
- Drowsy driving
- Reckless driving
- Speeding
- Traffic violations
- Poorly designed or maintained roads
- Defective motorcycle parts
How Do I Prove Fault in a Motorcycle Accident?
Motorcycle accidents can be complex, particularly when it comes to determining fault. Because New York’s no-fault insurance law does not apply to motorcyclists, injured riders are often left wondering how to prove fault and, thus, how to recover compensation for their losses.
Our motorcycle accident lawyers in Queens can help. We can conduct a thorough investigation into your accident, collecting important evidence to prove fault. This may include things like the police report, eyewitness statements, photos and videos of the accident scene, and more.
We can also work with accident reconstruction specialists to determine how the crash happened and who is to blame. If necessary, we are prepared to take your case to trial to fight for the full, fair recovery you are owed.
What to Do After a Motorcycle Accident
Motorcycle accidents can be disorienting, painful, and confusing. However, it is important to remember that what you do in the minutes, hours, and days following the crash can impact your ability to recover compensation.
What you do after a motorcycle accident can have a significant impact on your case. Follow these steps:
- Call 911 and report the accident. If anyone is injured, request an ambulance.
- If you are able, move out of the roadway and to a safe location.
- Take photos and videos of the accident scene, including any damage to your motorcycle, the other vehicle(s) involved, and any visible injuries.
- Exchange information with the other driver(s), including their name, contact information, and insurance information.
- Do not admit fault for the accident, even if you believe you may have caused it.
- Seek medical attention as soon as possible, even if you do not think you are seriously injured. Some injuries, such as head injuries and soft tissue injuries, may not be immediately apparent.
- Follow your doctor’s orders and attend all follow-up appointments.
- Do not repair your motorcycle or any other damaged property until after your attorney has had an opportunity to inspect it.
- Keep a journal documenting your injuries, your pain and suffering, and how your injuries have affected your daily life.
- Keep all medical records and bills, as well as any other documents related to the accident, such as the police report and your insurance claim.
- Do not post about the accident, your injuries, or your case on social media.
- Contact a motorcycle accident lawyer in Queens to discuss your rights and options.
The insurance company will be looking for ways to deny your claim. By following these steps and seeking medical attention as soon as possible, you can help protect your health and your right to recover compensation.
What Damages Can I Recover After a Motorcycle Crash?
Motorcycle accidents can cause catastrophic injuries, including traumatic brain injuries, spinal cord injuries, internal organ damage, and more. In the most tragic cases, these accidents are fatal. When you or someone you love is injured in a motorcycle accident, you deserve compensation for your losses.
You may be entitled to recover compensation for the following damages:
- Medical expenses, including the cost of emergency medical treatment, surgery, hospital stays, rehabilitative therapy, and more
- Future medical expenses, if you will require ongoing medical care as a result of your injuries
- Lost wages and income, including future lost earnings, if your injuries will prevent you from returning to your job or earning the same income
- Reduced earning capacity if your injuries will require you to take a lower-paying job or work fewer hours
- Pain and suffering, including both physical pain and emotional/mental distress
- Loss of quality of life/enjoyment of life
- Lost or damaged property, including your motorcycle and any other personal items that were damaged in the accident
- Permanent scarring or disfigurement
- Permanent disability or impairment
- Loss of consortium/companionship
- Funeral/burial expenses if your loved one was killed in a motorcycle accident
- Loss of support: if your loved one was killed in a motorcycle accident and you depended on them for financial support
- Other out-of-pocket expenses related to the accident
If you were partially at fault for the accident, you may still be able to recover compensation. New York follows a pure comparative negligence rule, meaning you can recover compensation as long as you are not entirely at fault. However, your total compensation award will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you will only be able to recover $80,000.
Common Motorcycle Accident Injuries
Motorcyclists are at a much higher risk of injury than those in passenger vehicles. This is because motorcycles do not provide the same level of protection as cars, trucks, and SUVs. Additionally, motorcycles are less stable than other vehicles and more difficult to see on the road. Unfortunately, this can make motorcyclists more susceptible to accidents and injuries.
Some of the most common injuries sustained in motorcycle accidents include:
- Traumatic brain injuries (TBIs), including concussions, contusions, and penetrating brain injuries
- Soft tissue injuries, such as road rash and muscle sprains/strains
- Fractured/broken bones
- Spinal cord injuries, including partial and total paralysis
- Internal organ damage
- Cuts, lacerations, and bruises
- Disfigurement, including severe scarring and amputations
- Crush injuries
- Burn injuries
- Wrongful death
How Long Do I Have to File a Lawsuit?
In New York, the statute of limitations for personal injury claims is three years from the date of the accident. If you fail to file a lawsuit within this time frame, the court will almost certainly refuse to hear your case, which means you will be unable to recover compensation. If you are filing a wrongful death claim, the statute of limitations is generally two years from the date of your loved one’s death.
However, there are exceptions to these rules, and the statute of limitations can be extended or shortened in certain cases. For example, if you were injured in a motorcycle accident but did not discover your injuries until a later date, the statute of limitations may be extended to allow you more time to file a claim.
It is important to consult with a Queens motorcycle accident attorney as soon as possible after an accident to ensure you do not miss any important deadlines.