Long Island Motorcycle Accident Lawyer

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Should I Get A personal injury Lawyer if i get In a motorcycle accident

Interstates 87 (I-87) and Interstate 90 (I-90) in New York State have gained notoriety for being among the most dangerous roads in the United States with a high frequency of accidents per mile. In busy cities like Long Island, where traffic is relentless, accidents occur all too frequently.

Alarming statistics from the Institute for Traffic Safety Management and Research (ITSMR) at the University at Albany’s Rockefeller College reveal a 50 percent increase in fatal motorcycle crashes from 2019 to 2021. If you or a loved one find yourselves involved in a motorcycle accident, it is crucial to seek the guidance of an experienced motorcycle accident lawyer in Long Island. At our law firm, we are here to provide the necessary assistance and support

A fallen motorcycle, a cracked helmet and the rider on his way to the emergency room in the hopes that a life can be saved.

Frequently Asked Motorcycle Accident Questions

While we provide general information on motorcycle accidents in Long Island, it’s important to note that specific details pertaining to your case may be necessary.

The following are the most commonly asked questions by our motorcycle accident clients:


Should I Get a Lawyer for a Motorcycle Accident?

Motorcycle and vehicle accidents have various causes, but if you’ve suffered injuries in a traffic accident caused by someone else’s negligence, it’s imperative to consider pursuing a lawsuit against the responsible driver. This legal action can potentially lead to receiving compensation that adequately covers your accident-related losses.
Insurance companies, driven by cost-saving measures, attempt to downplay damages. Irrespective of actual fault, these companies will try to shift blame for the accident. 
It’s important to remember that insurance agents and adjusters work for the insurance company, not for you, and they will go to great lengths to protect their company’s financial interests. 
 
What Are Common Causes of Motorcycle Accidents?

 

Motorcycle accidents can occur due to various factors, ranging from adverse weather conditions to human errors and negligence. It’s important to be aware of potential incidents that can lead to accidents. Here are some examples:
  • Left-turning passenger vehicles: A significant number of motorcycle accidents happen when a passenger vehicle or oversized truck turns left, cutting off the motorcyclist.  
  • Lane splitting: Engaging in the dangerous practice of lane splitting, where motorcycles navigate between lanes, This behavior increases the chances of accidents. Even if drivers check their blind spots, they may still collide with a faster-moving motorcycle.
  • Inexperienced drivers: Lack of experience can contribute to accidents. Both new drivers and those unfamiliar with the operation of a motorcycle should exercise extra caution on the road.
  • Alcohol impairment: Shockingly, many motorcycle accidents involve riders who were under the influence of alcohol. It is crucial to never drink and drive, especially considering the heightened vulnerability of being a motorcyclist. 
 
Understanding these common causes can help promote safer motorcycle operation and prevent accidents. If you have been involved in a motorcycle accident, it’s advisable to seek legal assistance from a knowledgeable motorcycle accident lawyer to protect your rights and pursue appropriate compensation.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:

01

Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.

02

Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.

03

Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.

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How do I Avoid a Motorcycle Crash?

When it comes to motorcycle accidents, negligence is often a leading cause. If you’ve sustained injuries, you might be contemplating whether it’s worthwhile to engage the services of a motorcycle accident lawyer. However, if someone else is responsible for the accident, which could’ve been prevented, it is highly advisable to seek the assistance of a personal injury attorney. Their expertise can help you secure the compensation you rightfully deserve.

 

 

To minimize the risk of a motorcycle crash, both drivers and bikers should ensure their focus on the road and improve their visibility. Even the most attentive driver can unintentionally overlook crucial details that lead to accidents. 

Drivers should remain vigilant and thoroughly check for motorcycles, while motorcyclists should take responsibility for making themselves more visible to reduce the likelihood of a crash.

Here are some effective tips for enhancing your visibility as a motorcycle operator

  • Utilize your bike’s headlight during daylight hours to increase your visibility.
  • Install an aftermarket horn to alert drivers of your presence when approaching.
  • Position yourself properly in the lane to create a buffer zone between your motorcycle and other vehicles.
  • Whenever possible, ride in groups as multiple bikes are more noticeable than a single one.
  • Opt for high-visibility gear, such as brightly colored jackets or vests with added reflective tape. Colors like hot pink, lime green, neon yellow, or bright orange attract attention. 
  • Consider adding reflective tape to the chest and back for enhanced visibility at night. Reflective safety vests are cost-effective and efficient.
  • Install a modulator for your brake light and headlight, as it creates a flashing effect.
  • Choose a brightly colored and highly visible helmet with unique designs to increase your chances of being noticed quickly.
  • Maintain an appropriate speed to provide drivers with a greater opportunity to see you. Riding at high speeds significantly elevates the risk of a crash.
  • Exercise caution when changing lanes and remain alert for drivers. Keep in mind that motorists may take longer to spot your motorcycle compared to other vehicles. While drivers should be watchful and look twice, you should also be vigilant and anticipate the actions of drivers and other vehicles.
  • Ride predictably by avoiding sudden swerves or riding along lane boundaries. Position yourself in the center of the lane to maximize visibility and ensure cars maintain a safe distance. 
By following these guidelines, you can enhance your visibility on the road and significantly reduce the chance of a motorcycle crash. 
In the unfortunate event of an accident, don’t hesitate to consult a motorcycle accident lawyer to protect your rights and pursue appropriate legal recourse.
You should do everything that you possibly can to make yourself and your bike stand out. Always adhere to traffic laws and make sure you use your signals so drivers will know where you are headed. 
Adhere to any traffic signs and signals. You should always be responsible for your own safety. You alone can significantly reduce your chances of being in a crash.
 

What are Common Environmental Causes?

Aside from the vehicle operators causing an accident, there are environmental causes such as weather conditions, high speeds, hazardous roadways, wild animals and passenger/child distractions all present potential dangers motorcyclists encounter.

Vehicle and motorcycle accidents can occur at any time and in any weather conditions. Due to their smaller size compared to cars, trucks, or vans, motorcycles are often less visible to other drivers especially in inclement weather where visibility is diminished. 

In the unfortunate event of a motorcycle accident, the resulting bodily injuries can range from minor to severe, temporary to permanent. Some common injuries sustained in motorcycle accidents include:

  • Breaks or fractures.
  • Cuts, burns and road rash.
  • Disfigurement.
  • Traumatic brain injury (TBI).
  • Spinal cord injuries and paralysis.

These injuries can have a profound impact on the victim’s life which may require medical treatment, rehabilitation and long-term care. In such cases, it becomes crucial to seek legal representation from a motorcycle accident lawyer who specializes in advocating for the rights of injured riders.

By enlisting the services of an experienced motorcycle accident lawyer, you can receive guidance and support to pursue rightful compensation for your injuries. They will work diligently to build a strong case, while considering the nature and severity of your injuries, and the negligence of the responsible parties.

Remember, prioritizing safety on the road and being aware of potential risks can significantly reduce the chances of a motorcycle accident. However, should an accident occur, consult a skilled motorcycle accident lawyer to ensure your rights are protected and justice is served.

Frequently Asked Questions

Who is to Blame in a Motorcycle Crash?

In motorcycle accidents, determining who is responsible for the accident relies on establishing negligence. Negligence occurs when a party either knew or should have known that their actions could lead to an accident and resulting injuries. 

It’s important to note that receiving a traffic ticket is not a prerequisite to proving negligence. 

Speeding is a common example of negligent behavior as it knowingly increases the risk of severe accidents and injuries. Other actions that qualify as negligence include disregarding traffic laws and driving irresponsibly. Any act that violates the rules of the road or compromises driver safety can be considered negligent.

 
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What are my Damages in a Motorcycle Accident?

To seek compensation, it’s important to demonstrate the damages suffered as a direct result of the accident. These damages can include medical expenses, lost wages and compensation for pain and suffering. 

Calculating the appropriate amount for pain and suffering can be complex and depends on the unique circumstances of each case. Seeking the assistance of a personal injury lawyer is recommended as they have the expertise to evaluate and determine suitable compensation for pain and suffering.

A personal injury lawyer specializing in motorcycle accidents will guide you through the legal process, while working diligently to establish negligence, gather evidence and advocate for your rights. Their expertise and support ensures you will receive your compensation while you focus on your recovery.

If you’ve been involved in a motorcycle accident caused by another party’s negligence, consulting a skilled motorcycle accident lawyer is essential. They will protect your rights and help you pursue the compensation necessary to cover your damages.

A fallen motorcycle, a cracked helmet and the rider on his way to the emergency room in the hopes that a life can be saved.

Can I Receive Compensation for a Motorcycle Accident Involving just me?

If you were the only person involved in your motorcycle accident, that doesn’t mean it was totally your fault. Unsafe roads, missing signs, overgrown foliage or other factors may have played a role. 

A motorcycle accident lawyer in Long Island can help with your personal injury claim even if the person responsible wasn’t another motorist. An attorney from our firm can tell you more about your options during an initial compensation.

 
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What Do I Do After a Motorcycle Accident?

If you are involved in a motorcycle accident in Long Island there are a few steps to follow. It is essential to know what to do at the scene of a motorcycle accident. 

First and foremost, you need to seek medical attention for any injuries. This is particularly important in motorcycle crashes because you could have sustained head trauma or internal injuries that are not immediately apparent.

Call the police to report the accident immediately. The police will investigate the accident scene, take witness statements and determine the cause of the crash when possible. 

Consult with a Long Island motorcycle accident attorney as soon as possible after the accident. You will probably be contacted by the insurance company and asked to make a statement. Talk to your lawyer before giving a statement because what you say could affect your case.

You might be offered a settlement by the insurance company. You should not accept it without consulting an attorney first. All too often insurance companies try to quickly resolve cases by offering a ridiculously low amount. If accepting a check this early, you are waiving your right to make any further claims despite it not  adequately covering your damages.

 

Is There a Statute of Limitations for Long Island Motorcycle Accident Lawsuits?

When it comes to filing a motorcycle accident lawsuit in New York State, it’s important to be aware of the statute of limitations. According to the Official Codes of Long Island, you have a window of up to three years from the date of your accident to file a lawsuit. However, it’s advisable to take prompt action and file your claim as soon as possible. By doing so, your attorney can easily reach out to witnesses and the parties involved in the accident. 

Additionally, seeking compensation for your injuries sooner rather than later is in your best interest.

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Determining Liability in an Long Island Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in Long Island after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that Long Island does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that Long Island follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:

01

Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.

02

Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.

03

Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.

04

The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co

05

Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.

06

Trial

If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Long Island

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Long Island Motorcycle Accident Lawyer

4.8 Stars
4.8/5
161
Reviews

REQUEST A FREE CONSULTATION

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