Motorcyclists in New York face inherent risks when riding on busy city streets. If you’re struck by a car and need medical treatment for your injuries, do you have legal options to pursue compensation from the negligent driver? Contact us today to schedule a consultation with a Queens motorcycle accident lawyer.
At Elliot Ifraimoff & Associates, we have over 60 years of combined experience in personal injury law serving clients from all five boroughs and the surrounding areas of the New York Metro. A motorcycle accident lawyer in Queens from our firm can help you build your case against a negligent driver to pursue maximum compensation for your injuries.
Motorcyclists often suffer more severe injuries in accidents than motor vehicle occupants due to the lack of protection on a motorcycle. Even wearing an appropriate helmet and leathers can’t protect you from all injuries you might sustain if thrown from your motorcycle. Common injuries in motorcycle accidents often include:
In most cases, New York requires that accident victims meet the serious injury threshold to sue for damages against a negligent party. However, in cases of motorcycle accidents, victims may pursue compensation in a lawsuit for injuries of any degree.
If you’re in a motorcycle accident, what steps should you take? At the scene, you should:
If you didn’t remain at the scene because you needed medical treatment, call us as soon as possible. Evidence and witnesses disappear quickly, making it difficult to pursue maximum compensation in your claim.
non-economic, and punitive damages. But what are damages? Damages are the monetary awards a court may determine are necessary to cover your losses as a result of the other driver’s negligence.
Economic damages are what the defendant’s insurance company would pay to cover your tangible losses from the accident. Economic damages often include:
Your intangible losses also come at a great cost to you personally, even if they don’t come with an actual price tag. Your motorcycle accident lawyer from our law firm can help you calculate a fair value for your personal losses, including:
Many states place a cap on the maximum amount of non-economic damages you can receive for an accident. However, New York does not place a cap on non-economic or punitive damages you can pursue from a negligent party who caused you injuries.
Punitive damages are additional damages the court may award to punish particularly reckless, wanton, intentional, or malicious behavior by the defendant. So if another driver intentionally attempted to run your motorcycle off the road, the court may award punitive damages.
As the plaintiff, you and your attorney have the burden of proof. That means you must present your case with a “preponderance of the evidence” to demonstrate that:
If you were thrown from your motorcycle, you likely needed immediate medical attention and weren’t present to provide your statements for the police report or gather any evidence from the scene. Calling a Queens motorcycle accident lawyer with our firm can help you:
Motorcycle accidents often lead to severe injuries or wrongful death for victims. To learn more about common causes of motorcycle accidents and other motorcycle accident laws in New York, check out our blog. Call us at 718-205-1010 or contact us online to schedule a free consultation with a Queens motorcycle accident lawyer.
Questions about motorcycle law in New York? Check out our FAQ.
New York is a pure comparative negligence state, meaning if you are 20% at fault for your accident, you will receive 80% of the total compensatory award.
New York requires all motorcycle riders to wear a DOT-approved helmet, regardless of age.
According to Progressive, motorcyclists in New York must carry $25,000 in bodily injury liability per person, $50,000 in bodily injury liability per accident, and $10,000 in property damage per accident. New York doesn’t require personal injury protection (PIP) for motorcyclists, which is why motorcyclists can file personal injury lawsuits without meeting serious injury thresholds. Contact a Queens motorcycle accident lawyer to learn more.