Because motorcycles lack the protection of cars, trucks, and SUVs, riders involved in accidents often suffer severe, debilitating injuries. Although many people think that motorcyclists are reckless drivers and cause most crashes with other vehicles, the truth is other motorists cause as many wrecks.
If you sustained injuries in a motorcycle accident, a motorcycle accident lawyer in Bohemia, Long Island, can help you with your injury and property damage claims. To schedule a free consultation and case review with the motorcycle accident attorneys at Gavocino, Lake & Associates, P.C., call 631-600-0000 today.
Isn’t New York a No-Fault State for Auto Accidents?
New York operates under a no-fault law for car accidents. The law requires drivers in the state to purchase a product called Personal Injury Protection, or PIP, from their auto insurance providers. In the event of an accident, regardless of who was at fault, all drivers involved must file claims with their PIP providers to recover damages.
But the law is different for motorcyclists, who are not eligible to purchase PIP policies. As a result, the no-fault laws in New York do not apply, and motorcyclists involved in accidents can seek damages from the at-fault driver and their insurance provider.
How Soon After a Motorcycle Accident Must I File a Claim?
The New York statute of limitations for all personal injury claims, including car accidents and motorcycle accidents, is three years. That means if you wish to recover damages for any injuries you suffered in a motorcycle accident, you must file a lawsuit within three years from the date of the accident. If you wait longer than that, you cannot ever file a lawsuit based on your claim.
Practically speaking, though, we need to begin working on your claim much, much sooner than three years after the accident. If you wait years, months, or even weeks to pursue a claim, most of the evidence that would have supported it will have long since disappeared. The sooner you meet with an attorney and file a claim, the better.
How Much Compensation Can I Recover After a Motorcycle Accident?
With so many variables at play, it is difficult to estimate an exact dollar value of your claim before knowing its specific circumstances. Our attorneys conduct a thorough investigation into your accident, calculating all economic and non-economic losses you have suffered as a result of it. From there, we can build your claim and pursue the responsible party.
You might be eligible to recover compensation for:
- Current and future medical costs;
- Transportation from the accident scene to the hospital;
- Rehabilitation and physical therapy;
- Prescription drugs;
- Lost wages and reduced earning capacity;
- Motorcycle repair or replacement;
- Other property damage, such as your phone, helmet, or jewelry;
- Pain and suffering.
What If I Am Partially At Fault for My Motorcycle Accident Injuries?
If the evidence shows that you caused or contributed to your accident injuries, whether because you broke a traffic law that led to the crash, or because you failed to take other safety precautions such as wearing a helmet, your award reduces proportionally based on your degree of fault.
For accidents in which the drivers share fault, New York follows a pure comparative negligence doctrine. Each driver is eligible to receive damages based on the extent to which the other driver was at fault. Under a pure comparative negligence rule, you can receive compensation from the other driver even if you were 90 percent at fault. It works like this:
Suppose you stopped at a red light on your motorcycle, and an approaching driver failed to brake in time, striking the rear of your bike and throwing you to the ground. You suffered a head injury in the accident, resulting in total damages of $100,000.
However, the other driver’s insurance company points out that you were not wearing a helmet, and a jury determines that even though you did not cause the accident, by failing to wear a helmet, you contributed to your injuries being worse than they otherwise would have been. The jury finds you 20 percent responsible for your injuries, thus reducing your award from $100,000 to $80,000
How Do I Get in Touch With a Motorcycle Accident Lawyer in Bohemia, Long Island?
Count on the motorcycle accident lawyers at Gacovino, Lake & Associates, P.C. to help you file your personal injury claim and explain the process the whole way through. For a free consultation, call us today at 631-600-0000.