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Is It Possible to Recover Compensation if You Are Partially At Fault for Your Motorcycle Accident?

Is It Possible to Recover Compensation if You Are Partially At Fault for Your Motorcycle Accident?

Motorcycle accidents are often devastating, claiming the lives of hundreds of people in New York each year. Thousands more are injured and have to go through significant medical treatment, which can last for weeks or even months.

If you were harmed in a motorcycle accident, you may have legal options available. Even if you were partially at fault for the crash, our Nassau County motorcycle accident attorney can help you recover compensation for your damages.

Common Causes of Motorcycle Accidents

Motorcycle accidents can happen for a variety of reasons. Many motorcycle accidents that occur here in Nassau County are a result of negligence. Common factors include:

  • Distracted driving
  • Inexperienced riders
  • Poor road conditions
  • Speeding
  • Lane splitting
  • Riding under the influence
  • Mechanical failure
  • Failure to yield the right of way
  • Weather conditions

Any negligent action can lead to an accident that results in serious injuries for motorcyclists. If you find yourself dealing with a painful physical or emotional injury after an accident, contact our personal injury lawyer in Nassau County right away.

Common Injuries from Motorcycle Accidents

Compared to other motor vehicle accidents, those involved in motorcycle collisions are likely to suffer significant injuries. The fact that motorcyclists are often ejected upon impact increases the severity of injuries suffered. Common injuries include:

  • Spinal cord injuries
  • Soft tissue injuries
  • Internal injuries
  • Amputations
  • Head injuries
  • Traumatic brain injuries (TBI)
  • Road rash
  • Fractures and broken bones
  • Dislocations

Serious motorcycle accidents often warrant extensive medical care. If you are the victim of a motorcycle accident, it is imperative to take legal action. Our personal injury lawyer in Nassau County can help.

Seek Compensation for Your Damages

After being harmed in a motorcycle accident, you can file a personal injury claim. This claim must be filed within the statute of limitations, which is three years from the date of the accident in New York.

Our personal injury lawyer in Nassau County can help you request compensation for the economic and non-economic damages you face. This can include compensation for:

  • Medical expenses
  • Emotional distress
  • Lost wages
  • Lost earning capacity
  • Disfigurement or scarring
  • Property damage
  • Pain and suffering
  • Loss of consortium

If you were responsible for your motorcycle accident in any way, you can still recover compensation for your damages. However, the compensation you recover will be provided based on the laws of comparative negligence.

Understanding How Comparative Negligence Can Affect Your Case

The concept of comparative negligence in New York is an important factor to understand when it comes to motorcycle accidents. In simple terms, it means that even if you are partially at fault for the accident, you may still be able to recover compensation for your injuries and damages.

New York follows a pure comparative negligence system. This system provides that the percentage of fault attributed to you can reduce your recovery amount. For example, if you are found 30% at fault for the accident and your total damages amount to $100,000, the amount of money you will receive is reduced by 30% ($30,000), resulting in a final compensation award of $70,000.

Determining fault in a motorcycle accident case involves examining various factors such as witness statements, police reports, expert opinions, and any available video footage or photographs. You must present strong evidence to support your claim and prove that the other party involved bears a greater degree of responsibility than you do.

Recovering compensation when partially at fault can be challenging but not impossible. However, it is important to note that insurance companies may try to minimize their payout by arguing shared fault or attempting to place more blame on you. This is where having a seasoned Nassau County motorcycle accident attorney on your side becomes invaluable.

Determining Fault in a Motorcycle Crash

Several factors are considered to determine fault, including traffic laws, speed limits, road conditions, weather conditions, and witness statements. The police report filed at the scene of the accident also plays a significant role in determining fault.

Insurance companies and our Nassau County motorcycle accident attorney will carefully analyze these factors to establish who was responsible for causing the accident. We will assess whether the defendant failed to follow traffic laws or acted negligently while operating their vehicle and fight to help you recover compensation for any damages they caused.

Get Help From Our Personal Injury Lawyer in Nassau County

At the Law Office of Joseph J. Perrini, III, we understand the unique challenges and biases that come with motorcycle accident cases. Attorney Perrini is dedicated to providing personal attention and aggressive representation to every client, ensuring they receive the compensation they deserve for their injuries or losses.

Since 1996, we have proudly served clients throughout New York City and its surrounding areas, recovering millions of dollars on behalf of our clients. If you or someone you love has been involved in a motorcycle accident, contact our Nassau County motorcycle accident attorney today for a free consultation. Let us use our experience, knowledge, and resources to help you seek justice and fair compensation during this difficult time.

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