Motorcycle accidents are often serious and can result in life-changing injuries and insurmountable medical bills. For a victim of a motorcycle crash, a med-pay policy and private health insurance may not be enough.
Negotiating with insurance companies and other parties in the accident may not yield the results you want, and handling it on your own can result in risking your right to claim. The Buffalo motorcycle accident lawyers of Morelli Law Firm can help to preserve your rights and pursue compensation for accident victims, and we may be able to help you.
Can I File a Lawsuit in New York After a Motorcycle Accident?
While many people know that New York is a no-fault state, it is still possible to file a lawsuit. This allows people injured in accidents to pursue compensation when their insurance policies and med-pay coverage are insufficient.
A Buffalo motorcycle accident attorney can evaluate the details of your claim and present you with options for recovering the financial damages you incurred due to the crash.
How Comparative Fault Affects Your Claim in a Motorcycle Accident Case
New York follows the doctrine of comparative negligence, as do many other states. This means that the liability for any accident can potentially be shared by several parties, including the motorcycle rider. For example, if the rider was distracted or didn’t use proper signals, a portion of blame could be assigned to them.
The fault is generally assigned in percentages and the amount of damages you receive will be proportionally reduced by the percentage of fault you share. For example, if a rider is found to be 10% liable for the crash and was awarded $100,000 by the jury, the rider’s award would be reduced by 10% and amount to $90,000.
Liability can be a tricky issue in a traffic accident case. The defendant’s attorney will take every opportunity to pin some of the blame on you. Your Buffalo motorcycle lawyer will work to protect you from these claims and present compelling evidence to prove the defendant is at fault.
Buffalo Motorcycle Accident Lawyer Near Me 877-751-9800
Who Pays for Damages in a Motorcycle Crash in New York
The first solution is your own health insurance and medical payment coverage, known as med-pay. Because New York follows the no-fault doctrine, each rider generally carries a $5000-$10,000 policy specifically to pay for their injuries in the event of a crash.
Your bike insurance will not cover you if you are hurt, so having this type of policy can be extremely helpful. Med pay will cover up to the limit of the policy amount; then your own health insurance picks up the rest of the tab.
If there isn’t a sufficient amount available, a motorcycle accident lawyer in Buffalo can help you to file a claim against other parties who are liable for the crash. Many riders can find themselves in financial hardship even before they leave the hospital, so having a lawyer pursue compensation is the next best option.
Our attorneys commonly help injured riders pursue claims against:
- The other motorists involved
- Your insurance company
- Manufacturers of defective parts or vehicle makers
- Cyclists, pedestrians, or other contributors to the crash
- Government agencies, municipalities, or other entities
Finding all the sources of liability in a crash can make all the difference. The compensation from these parties can fully compensate you for the expenses and disruption to your life. When you are hurt through no fault of your own, it’s important to seek compensation to avoid undue financial hardships in the future.
What Kinds of Injuries Do Motorcycle Accident Victims Experience?
Motorcycle accident injuries range from minor scrapes and bruises to catastrophic and fatal. The rider is susceptible to extreme harm because of the relative lack of protection available when riding.
Helmets and safety gear prevent many injuries, but they don’t offer the same level of protection that you would have while riding in a car. Injuries from blunt force trauma and infections from road rash can be severe and the accident victim may not be aware of the danger for hours or even days.
Because of the adrenaline released by your body in a traumatic event, it is possible you won’t feel pain until hours or days later. It’s critical to be evaluated by medical professionals after a bike crash in order to identify any injuries that you may not feel right away.
Some of the injuries we regularly recover damages for include:
- Spinal cord injuries – nerve damage, catastrophic injury, quadriplegia, or paralysis can happen after a motorcycle accident
- Bone Fractures – Arm, wrist, and hand injuries can be very serious and take months of surgeries and therapy to restore. Lower extremity injuries and leg fractures are very common and can reduce your mobility temporarily or permanently.
- Internal injuries – Late-onset injuries like organ damage may not be immediately apparent, so follow the doctor’s directions and be vigilant of any symptoms of internal bleeding and seek medical attention now if you have not yet done so.
- Road rash, skin injuries, bruises, scarring – Serious infections can occur after the skin is punctured or after a road rash injury. Prompt treatment is necessary to avoid complications. Permanent scarring can occur.
- Concussions, TBI – Traumatic brain injuries and concussions can be immediately detected, or symptoms can show up later. Seek medical help now if you have not already done so.
Counsel from a personal injury lawyer is important to securing your full compensation after a motorcycle crash.
Contact Morelli Law Today for a Free Case Evaluation
Medical bills can multiply quickly and future complications can exist. A Buffalo motorcycle accident lawyer with our firm can help to predict these potential costs and work toward your recovery of financial damages.
If injuries from a motorcycle crash caused you to lose a loved one, you may be able to recover damages with a wrongful death claim. Contact us today to schedule a consultation and learn more about how we may be able to help you get the financial results you need.