New York City Motorcycle Accident Lawyer
14 Wall Street 20th Floor
New York, New York 10005
Many residents of New York City rely on motorcycles for their personal
transportation or as a part of their jobs. On this page we will look at
how a New York City motorcycle accident lawyer can help those who have
been injured in a motorcycle accident claim fair compensation for their
injuries and other losses.
Motorcycles and traffic laws
In New York all motorcycles, automobiles, and trucks must obey the same
traffic laws. If an accident occurs, the person determined to have caused
the accident may be held liable for any damage or injuries that might occur.
Damages following a motorcycle accident
Anyone who is injured in an accident that was caused by the negligent actions
of another has the right to be compensated for those injuries. In general,
any expenses that an accident victim would not have incurred if the accident
had not happened can be sought as “damages” in a lawsuit.
Damages in accidents are usually of two general types, damage to personal
property and personal injuries sustained in an accident. In brief, damages
can include compensation for:
- Current and anticipated medical expenses
- Lost wages or other income
- Replacement or repair of personal property
- Psychological trauma
- Disruptions to family life
Again, the above are not the only damages that are available to motorcycle
accident victims. A complete discussion of this topic is best obtained
in person from a New York City motorcycle accident lawyer.
New York helmet law
In New York, anyone riding a motorcycle must wear a helmet. The fact that
you were not wearing a helmet does not, as some people will falsely state,
prevent you from claiming damages after a motorcycle accident. It can,
however, reduce any damages that you may be awarded.
New York is what is known as a “pure comparative negligence state.”
This means that if the jury hearing your lawsuit determines that your
own negligence contributed to your accident and injury, the jury may reduce
the amount of damages it awards you by the percentage that your negligence
contributed to your injuries. This is best explained by example.
A motorcyclist in injured in an accident and a jury awards the injured
rider $100, 000 in damages. That same jury also determines that, since
the biker was not wearing a helmet, his injuries are 60% his own fault.
The jury then reduces the damages it has just awarded by the 60% of the
rider’s negligence and the award is therefore only $40,000 ($100,000
– 60% = $40,000).
Time limits for filing a motorcycle accident personal injury lawsuit in New York
The State of New York has set time limits on when civil lawsuits for property
damage, personal injury, and wrongful death must be filed. If you are
suing for damage to a motorcycle and/or personal injuries sustained in
a motorcycle accident, you must file your lawsuit within three years of
the date of the accident. If a lawsuit is claiming damages for a wrongful
death, it must be filed within two years of the date of the victim’s death.
If a lawsuit is not filed within the time limits set by state law, you
will lose forever your right to sue for damages. There are certain exceptions
to this rule, but they are very rare and best explained by a New York
City motorcycle accident lawyer.
Why you need a New York City motorcycle accident lawyer
Motorcycle accidents can easily lead to very serious, if not fatal, injuries
to both the rider and passenger. To claim compensation for injuries that
you received in a motorcycle accident, you frequently will have to file
If it becomes necessary to file a lawsuit to claim your legal right to
be compensated for your injuries, you should can learn how the New York
City motorcycle accident lawyer at the Doan Law Firm has helped many injured
bike riders to receive fair compensation for their injuries by contacting
our law firm at (646) 847-0000.
At our firm, your first consultation is always free of any charges and
does not obligate you to hiring us to represent you in your motorcycle
accident injury case. Should you decide to have us manage your case, we
will never ask you to pay any of the costs that are associated with injury
lawsuits. We will take care of all the expenses that are necessary to
win your case in return for an agreed-upon percentage of your final settlement.
The Doan Law Firm:
14 Wall Street, 20th Floor
New York, New York, 10005