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
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 a lawsuit.
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.