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Safeguarding Your Rights in New York Motorcycle Accidents

Safeguarding Your Rights in New York Motorcycle Accidents

Motorcycle drivers and passengers have minimal protection when on the open road. Besides their helmets, motorcyclists don’t have a barrier between themselves, the ground, or another vehicle.

Riders may sustain serious and even permanent or fatal injuries if an accident occurs.

Some New York motorcycle accidents occur when other drivers negligently or intentionally violate set traffic laws. If drivers do not follow the rules, they may hit a motorcyclist. The rider may then hit the road and experience serious injuries.

If you or someone you love was involved in a motorcycle accident, we are here to help. At The Law Offices of Joseph J. Perrini, III, we can investigate your motorcycle accident case and help you seek justice and compensation.

Understanding the Risks of Motorcycle Riding in New York

New York streets, known for their bustling traffic, pose unique challenges for motorcyclists. The state’s Department of Motor Vehicles reports many motorcycle accidents annually.

Common causes include

Vehicle Blind Spots

Vehicle blind spots refer to those areas around a vehicle that the driver cannot directly see while looking forward or through the rear-view or side mirrors. This becomes particularly hazardous for motorcycles as they can easily fit into these blind spots, especially those of larger trucks and buses.

When a motorcyclist is in a vehicle’s blind spot, they are at a higher risk of being involved in an accident, as the driver may change lanes or maneuver their vehicle without noticing the motorcycle’s presence.

Sudden Stops

Sudden stops occur when a vehicle abruptly halts its motion, often without warning. This can be due to various reasons, such as traffic congestion, pedestrian crossing, or the driver’s reaction to an unexpected event on the road.

Motorcyclists are particularly vulnerable to accidents caused by sudden stops. Due to their smaller size and lighter weight, motorcycles can stop more quickly than cars, but if a following vehicle isn’t maintaining a safe distance or isn’t attentive, it can lead to a rear-end collision.

Additionally, motorcyclists must be cautious to avoid crashing into a vehicle that stops suddenly.

Unsafe Lane Changes

Unsafe lane changes are maneuvers by drivers who change lanes without proper signaling or checking for other vehicles or do so recklessly or abruptly. This behavior poses a significant risk to motorcyclists.

Motorcycles are smaller and less visible than cars, making them easy to overlook during a lane change. An unsafe lane change can force a motorcyclist to swerve unexpectedly, potentially leading to a loss of control or a collision with other vehicles.

This risk is heightened on high-speed roads or in heavy traffic, where motorcyclists have less time and space to react to such unsafe maneuvers.

Unlike car occupants, motorcyclists lack substantial protective barriers, making them more vulnerable to serious injuries in accidents. In these situations, the guidance of a skilled motorcycle accident lawyer becomes indispensable.

What to Do Immediately After a Motorcycle Accident

What you do in the moments after a motorcycle accident can significantly impact any legal action you pursue. To protect yourself and your right to compensation, be sure to take these steps:

Ensure Safety and Assess Injuries

Immediately after a motorcycle accident, your priority should be to ensure your safety and that of others involved. Move to a safe location, away from traffic, if you can.

Assess yourself and others for injuries. Even if you feel fine, it’s important to be cautious; some injuries, especially internal ones, may not be immediately apparent.

Call for Emergency Services

Dial 911 to report the accident and request medical assistance if there are any injuries. Police presence is also crucial as they will file an accident report, which can be critical for insurance and legal purposes.

Document the Scene and Gather Information

If you can, take photographs of the accident scene, including the positions of the vehicles, any skid marks, road conditions, and traffic signs—exchange information with the other parties involved, including names, contact details, and insurance information. If there are witnesses, get their contact information as well.

Seek Medical Attention

Even if you feel unharmed, seeing a doctor as soon as possible is essential. Some injuries, like whiplash or concussions, may not show symptoms immediately. A thorough medical examination will ensure that any hidden injuries are treated and provide a medical record that can be vital if you need to make an insurance claim or legal action.

Notify Your Insurance Company

Inform your insurance company of the accident, but be cautious about making any statements or admitting fault until you have spoken with a lawyer. Keep your report factual and concise.

Remember, your actions immediately following a motorcycle accident can significantly impact any subsequent legal or insurance proceedings. It’s essential to be mindful, calm, and thorough during this process.

Your Legal Rights After a Motorcycle Accident

Comparative negligence is key to understanding your legal rights after a motorcycle accident in New York. This rule means you can recover compensation even when partly to blame for the accident.

While this is true, the amount you can receive is reduced by your total percentage of fault.  Knowing this helps in negotiating settlements or presenting your case in court.

Right to Compensation

You have the right to seek compensation for damages resulting from the accident. This includes medical expenses, lost wages, repair or replacement of your motorcycle, and compensation for pain and suffering. The extent of compensation depends on the case’s specifics, including the injuries’ severity and impact on your life.

Seeking Legal Assistance

It’s crucial to consult with a New York personal injury lawyer who specializes in motorcycle accidents. A lawyer can guide you through the complexities of the legal system, help establish liability, and negotiate with insurance companies. They ensure your rights are protected and you receive fair treatment under the law.

Remember, your legal rights after a motorcycle accident are there to protect you. Understanding these rights and seeking professional legal guidance is vital in ensuring you receive the justice and compensation you deserve.

Why You Need a New York Personal Injury Lawyer

Motorcycle accident cases often involve intricate legal and insurance issues. A qualified personal injury lawyer brings the necessary experience to handle these complexities.

They are crucial in dealing with insurance companies, often more concerned with minimizing payouts than offering fair compensation. Legal expertise is crucial in these negotiations, ensuring your rights and interests are vigorously defended.

Navigating Insurance Claims and Settlements

Dealing with insurance after a motorcycle accident can be daunting. Understanding policy specifics and coverage limits is crucial but often confusing.

Insurance adjusters, skilled in negotiation, may push for quick, undervalued settlements. Here, a New York personal injury lawyer becomes your advocate, advising on the right course of action and fighting for the compensation you rightfully deserve.

Taking Your Case to Court When Necessary

While many motorcycle accident cases settle out of court, some require litigation. This step is necessary when fair compensation cannot be reached through negotiation.

Court proceedings demand a thorough understanding of legal processes, which a proficient motorcycle accident lawyer from our firm can provide. Our expertise ensures that your case is presented compellingly, maximizing your chances of a favorable outcome.

Contact Our Motorcycle Accident Attorneys for Help

In the aftermath of a motorcycle accident, protecting your rights is paramount. The Law Offices of Joseph J. Perrini, III, offers the experienced legal representation needed in these challenging times.

If you’ve been in a motorcycle accident in New York, don’t navigate the legal landscape alone. Contact us for personalized, professional guidance as your motorcycle accident and New York personal injury lawyers.

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