Whether you were driving your vehicle or traveling on foot as a pedestrian, you may suffer serious injuries when you get hit by a motorcycle.
Motorcyclists are supposed to follow the rules of the road, just like any other driver. If a motorcycle driver’s negligence causes an accident, they may owe the victims compensation in a personal injury insurance claim or lawsuit.
After getting hit by a motorcycle, you may want to seek immediate medical treatment for your injuries. Then, you may wish to consider pursuing compensation for your damages.
A personal injury lawyer may be able to represent you and manage all of the legal work in your case.
Establishing Liability After Getting Hit by a Motorcycle
To seek financial compensation after a motorcycle accident, you or your lawyer may file a personal injury insurance claim or lawsuit. Both of these procedures may require you to prove the at-fault motorcyclist’s negligence.
You may be able to prove negligence with evidence that shows:
- The motorcyclist did not exercise the reasonable care you were entitled to, such as obeying traffic laws
- Their negligence led to your physical injuries and property damage
If you or your lawyer can prove these elements of negligence, you might be able to collect compensation for your accident-related damages.
Note that in New York, victims may still be able to recover compensation for their damages if they were partially at fault for the accident. However, a judge may reduce their compensation by their percentage of fault.
This system, detailed in New York Civil Practice Law & Rules (CVP) §1411, is known as contributory negligence.
Evidence in a Motorcycle Accident Case
The following types of evidence may be used to establish liability in a motorcycle accident case:
- Photos or videos from the accident scene
- Statements from witnesses
- Official crash report
- Your medical records
- Testimony from accident reconstruction experts
Make sure to preserve any evidence you have from the accident.
Carefully Itemize Your Financial Damages
When you get hit by a motorcycle, it can be difficult to keep track of all your injury-related expenses. Tracking your medical expenses can be particularly challenging if your necessary health care is lengthy. The severity of your injuries can vary greatly depending on whether you were struck as a pedestrian, fellow motorcyclist, or vehicle driver. Either way, if the motorcyclist caused the collision, you might be entitled to compensation.
To build your compensation claim, request copies of all health care records and bills and start compiling a file of all expenses, including:
- All injury-related medical expenses
- All injury-related loss of earnings
- Property damage or destruction
If you decide to work with a personal injury lawsuit on your case, they may be able to collect evidence of your damages on your behalf. Your lawyer can work closely with you to ensure that you do not inadvertently omit expenses and losses from your claim.
Potentially Recoverable Damages in a Motorcycle Accident Case
Although each case is different, in general, the potentially recoverable damages in a motorcycle accident case may include:
- Current and future costs of medical treatment
- Lost wages
- Property damage
- Reduced earning capacity
- Pain and suffering
The Deadline to Sue in New York
Time is an important factor in your potential right to compensation. Like all states, New York imposes a statute of limitations that determines the amount of time you have to file a lawsuit against the responsible party.
New York Civil Practice Law & Rules (CVP) §214 imposes a general three-year statute of limitations on personal injury lawsuits. Failing to meet the relevant filing deadline in your case could mean you will not be able to compel compensation from the at-fault motorcyclist via a lawsuit.
Call Morelli Law Firm Today
If a motorcycle hits you, Morelli Law Firm may be able to help. We represent motorcycle accident victims in New York City, on Long Island, and in New York State up to Albany.
Our firm can handle all deadlines, communications, and paperwork in your case when we represent you. We help our clients with both personal injury insurance claims and lawsuits. If you qualify, we may be able to represent you on a contingency-fee-basis with no up-front payments required to start.
For a free, no-obligation case review with a member of our team, call Morelli Law Firm today at (212) 751-9800. We can discuss your accident, your legal options, and what may happen next if you were hit by a motorcycle.