What You Need To Know After A New York Motorcycle Accident

Motorcycle accidents are some of the most devastating and gruesome on New York roadways. Riders lack the protection of a vehicle around them and are thus more vulnerable to serious injuries. Fortunately, if you are hurt in a motorcycle accident in New York, you may be able to obtain compensation for the damages suffered through the personal injury system. In this article, we’ll cover:

• How to file a personal injury claim even if you and your motorcycle were not struck by the other vehicle.
• The consequences that not wearing a helmet or other safety gear could have on your personal injury claim.
• Common strategies insurance companies may use to deny or limit your motorcycle incident claim.

A Driver Ran My Motorcycle Off The Road Without Hitting Me. Can I Still File A Motorcycle Injury Claim For My Serious Injuries?

One example of how motorcycle accidents are often much more nuanced and complicated than car accidents is the frequency with which “no contact” accidents occur. In these cases, the motorcycle rider is driven off the road by a car or truck’s negligent behavior or is forced to swerve or crash to avoid a collision.

Normally, to make a claim against someone’s insurance company, you will need to show contact of some kind. This may be more difficult in such cases, though witness testimony can certainly help. And, in any event, you should always try to obtain identifying information to make sure the other driver does not run and avoid all responsibility. Normally, to make a claim against someone’s insurance company, you will need to show contact of some kind. This may be more difficult in such cases, though witness testimony can certainly help. And, in any event, you should always try to obtain identifying information to make sure the other driver does not run and avoid all responsibility.

Am I Required To Wear A Helmet And Or Safety Gear On A Motorcycle In New York?

For your safety and to help avoid the very worst injuries and accidents in New York, Motorcycle riders are legally obligated to wear a helmet – and not just any helmet either, but one that is approved by the state safety assessors.

You are not required to wear other safety gear, such as gloves or a padded jacket, but it is strongly advised that you do so. They could save your life or help prevent even worse injuries in the event of an accident.

Will Failing To Wear Safety Gear Hurt My Motorcycle Accident Personal Injury Case?

Unlike car drivers, motorcycle riders are not covered under New York’s No-Fault insurance rules for compensation, and not many insurance companies even cover motorcycle riders. As such, you will need a separate motorcycle insurance policy that you would have to carry with a claim. It would then be up to the insurance company and policy to deny or accept a claim if you did not have a helmet on.

It is a bit like driving without a seatbelt (but even more dangerous). It is against the law, and you can be cited for this, but it would be up to the insurance company to deny or accept your claim for compensation accordingly. So, wear your helmet and every piece of protective gear you can. Do not give the insurance company any excuse to refuse your claim because they can and will try everything to do so.

What Are Common Defenses Used By Insurance Companies To Deny Or Limit Motorcycle Accident Settlements In New York?

Given the unfair reputation of unsafe driving and the inherent risks involved in choosing to ride a motorcycle, many will blame riders for their accidents and injuries. Most certainly, the insurance company will try to argue you were going too fast or were weaving in and out of traffic.

In fact, they will use every available piece of evidence against you whenever possible and ignore or downplay the ones in your favor, regardless of the damage or the severity of your injuries. That is one reason why it is important to always call the police after an accident to have them make a report at the scene.

You should also try to get as many reliable witnesses as possible from anyone nearby who may have seen part or all of the accident occur. All in all, you need as many layers of proof as possible to demonstrate that the accident was not your fault because, typically, insurance companies will always err on the side of a motorcycle being at fault as opposed to a car.

What Should I Look For When Hiring A New York Motorcycle Accident Injury Attorney To Represent Me?

A lot of the personal injury laws are the same as far as car accidents or even trucking accidents, but not always for motorcycle accidents. Therefore, you should always make sure that you have an attorney who is familiar with motorcycle accidents.

You are quite likely to run into difficulties with insurance companies, and there are a lot of attorneys who will not even touch motorcycle accidents because they are a little more involved. So, if you were injured as a passenger or a driver on a motorcycle, make sure to ask the attorney you are talking to if they are willing and able to take that on. Better yet, ask if they have done so before.

You need to find someone that you trust who will work in your best interest to help you navigate New York’s motorcycle accident personal injury claim laws and systems – and you need someone you can rely on to find you the outcome you deserve. For more information on Filing A Motorcycle Accident Injury Claim In New York, an initial consultation is your next best step.