Why Choose a Motorcycle Accident Attorney from Finz & Finz, P.C.?
If you are involved in a motorcycle accident in New York City, you may decide that you need an experienced NYC motorcycle accident attorney to help you. An experienced lawyer can help seek the compensation that you need for your injuries and other damages. But how do you know which motorcycle accident law firm is right for you?
When you or a loved one have been injured in a motorcycle accident, contact Finz & Finz, P.C. We will fight to get you the financial recovery you need. That will let you get your life back to normal following your accident.
At Finz & Finz, P.C., we focus exclusively on personal injury law. We are committed to helping those who have been injured through no fault of their own. We help them secure maximum compensation for their injuries and damages. For more than 35 years, we have litigated complex personal injury claims on behalf of the residents of New York City. In that time, we’ve compiled a track record of success, securing record-setting six- and seven-figure settlements and verdicts.
We have accomplished these results by having a hand-selected team of accomplished, dedicated litigators, including four former judges. Our legal team vigorously advocates for the rights and interests of those injured in motorcycle accidents. We are also assisted by an experienced and compassionate support staff. They are committed to providing our clients with unparalleled customer service. We also work with industry-leading experts in the liability and medical fields. They help us build an effective, persuasive case on your behalf.
Choose Finz & Finz, P.C., to represent you in your motorcycle accident case. We are committed to getting you the maximum compensation that you are entitled to for your injuries and damages. We never settle for less than a fair and full financial recovery for you.
Demanding Maximum Compensation in a Motorcycle Accident Lawsuit
If you’ve been injured in a motorcycle accident, you may be entitled to compensation for the injuries and other damage you may have suffered.
Compensation for motorcycle accident claims typically covers these losses:
- Medical costs
- Pain and suffering
- Loss of consortium, which compensates your spouse for the loss of your intimate companionship and society
- Lost quality of life
- Lost wages and lost earning potential, if you miss time from work or if you are unable to return to your old job
In addition, you may also seek compensation for property damage. That may include repairs to your motorcycle.
Why Motorcycle Accident Cases Are More Complicated
The reasons obtaining compensation for injuries and damages after a motorcycle accident is often far more complicated than in your typical car accident:
- Injuries suffered by a motorcycle rider are often far more severe than those suffered by an occupant of a passenger vehicle. Motorcycle riders are not protected by the metal of a car or other vehicle. Nor do they have other safety features such as seat belts, airbags, or collision mitigation systems. Motorcycle riders are completely exposed when they collide with a much heavier vehicle.
- Insurance coverage for motorcycles is different from coverage for cars and trucks. In New York, motorcycle riders do not benefit from no-fault coverage, which provides compensation for medical treatment and other losses regardless of the party at fault for the accident. As a result, a motorcycle rider seeking insurance coverage must establish that another motorist or some other cause bears responsibility for the accident.
- At-fault drivers and insurance companies rely on biases and stereotypes to shift blame onto injured motorcycle riders. Some people have an image of motorcycle riders as reckless outlaws. Nothing could be further from the truth, as most riders understand the risks of accidents and take all appropriate precautions. But some at-fault motorists may try to argue that an injured rider caused an accident, claiming that the rider was speeding or weaving through traffic.
What Is the Statute of Limitations on Motorcycle Accident Cases in NY
If you’ve been injured or suffered damages following a motorcycle accident in New York City, you have a limited period in which to file a lawsuit. This time period is known as the statute of limitations. Under New York law, the statute of limitations for a motorcycle accident is three years, which begins from the date of the accident. If you do not file your lawsuit within the statute of limitations, the court can permanently dismiss your claim.
The statute of limitations can be extended under certain circumstances. For example, a minor who is injured in a motorcycle accident has three years from his or her 18th birthday to file a lawsuit. The court may also decide to extend, or “toll,” the statute of limitations, in certain circumstances. For example, the limitations period may be tolled if a motorcycle rider is involved in a hit-and-run accident and cannot identify the at-fault driver.
If you have a claim against the state of New York or a municipality, you are also required to give notice within 90 days of your accident. Although you can request leave to file a late notice, you must be able to demonstrate good cause for your delay.
Common Causes of Motorcycle Accidents in NY
Motorcycle accidents can arise from numerous causes. Most causes relate to the negligence or recklessness of drivers. They are also caused by vehicle defects or road/traffic conditions.
Common causes of motorcycle accidents that the attorneys at Finz & Finz, P.C., see include:
- Aggressive or reckless motorists
- Bad weather or low lighting
- Design or manufacturing defects on the motorcycle or a part on the motorcycle
- Drivers failing to give motorcycles the full lane of traffic
- Drivers failing to yield the right of way
- Drivers operating their vehicles under the influence of alcohol or drugs
- Heavy traffic
- Negligence by car, truck, and bus drivers
- Poor road conditions, such as potholes, broken pavement, or objects on the road
What You Need to Know about New York Motorcycle Laws
In New York, a person can’t simply get on a motorcycle and ride off. New York laws and other requirements must be met for a person to legally operate a motorcycle in NYC. If a motorcycle rider doesn’t adhere to the laws and regulations, it can negatively affect any claim for compensation following a motorcycle accident. This is especially true if any violation is identified in the accident report.
Important New York motorcycle accident laws and regulations include:
- A rider must hold a Class M or MJ license or learner’s permit. A rider who only holds a learner’s permit must be supervised by a rider with a valid motorcycle license. That rider must remain within sight of, and no more than one-quarter mile away from, the learner.
- Helmets are required for all riders on motorcycles. Helmets must meet U.S. Department of Transportation safety standards. Helmet speakers may only have one earphone.
- All riders must have eye protection that conforms to the standards established by the American National Standard Institute.
- Headlights must be used in the daytime.
- All passengers must have a separate seat and footrests.
- Motorcycles must have a headlight, taillight, stop lamp, license plate lamp, a red rear reflector, brakes (if the motorcycle is manufactured after 1971), turn signals (if the motorcycle is manufactured after 1985), a horn or other warning device, a rearview mirror, and a muffler. Handlebars must be no higher than the operator’s shoulder height.
- Motorcycles may not lane-split, although two motorcycles may operate side by side in a single lane of traffic.
- Motorcycle riders must carry liability insurance whenever they operate a motorcycle. New York’s no-fault laws do not cover motorcycles. Operators must have a minimum coverage of $25,000/$50,000 for bodily injury, $10,000 for property damage, and $50,000/$100,000 for fatality coverage.
Tips for Protecting Your Rights after a Motorcycle Crash
When you are involved in a motorcycle accident, those at fault for causing your accident will move quickly to limit their liability and shift blame onto you. You can take these steps to protect your rights and maximize the compensation that you can receive in a motorcycle accident claim:
- Contact the police: Police who come to a motorcycle accident scene will investigate the accident and prepare an accident report. The accident report will include statements from the motorists involved in the accident, as well as any eyewitnesses. The report will detail evidence found by the officer and note whether any motorists were cited for traffic violations or arrested for criminal offenses. In some instances, the report will include the officer’s opinion of how the accident occurred and who bears responsibility.
- Get the contact and insurance information of the drivers involved: If the police accident report doesn’t list this information, it is important that you obtain this information yourself. You may need to assert a claim for compensation against one or several drivers.
- Take photos and/or videos of the accident scene: If possible, take photos or video of the accident scene. Show the positions of vehicles after the accident, any damage to the vehicles, any skid marks on the road, traffic lines and controls, and road/lighting/weather/traffic conditions. You should also photograph any visible injuries you suffered.
- Seek medical attention: Even if you don’t feel as though you were hurt in the accident, you should still follow up with a doctor’s visit. You may not realize your injuries for days or even weeks after the accident. Promptly identifying your injuries will allow you to strengthen your motorcycle accident injury claim for compensation.