Motorcycle Accident Lawyer in Queens, NY

Queens Motorcycle Lawyer

 

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.

Common Injuries in Motorcycle Accidents

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:

  • Cuts, scrapes, deep lacerations, or road rash
  • Broken bones
  • Abdominal or thoracic injuries
  • Spinal cord injuries
  • Head injuries
  • Traumatic brain injuries (TBI)
  • Death

New York’s Serious Injury Threshold

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.

What To Do After a Motorcycle Accident?

If you’re in a motorcycle accident, what steps should you take? At the scene, you should:

  • Call an ambulance for medical treatment if you have severe injuries
  • Trade contact and insurance information with the other driver if you remain at the scene
  • Contact the police to take statements for the police report
  • Take photos of the scene, your bike, and the car that struck you, as well as pictures of any injuries sustained by either party
  • Collect contact information from any witnesses nearby to give to the police officers when they arrive to take statements
  • Call us at Elliot Ifraimoff & Associates to represent you with the insurance adjusters
  • Call your insurance company to report the accident and give them the case number for the police report

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.

Pursuing the Maximum Compensation for Your Injuries

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

Economic damages are what the defendant’s insurance company would pay to cover your tangible losses from the accident. Economic damages often include:

  • Expenses related to medical treatment
  • Ongoing physical therapy or rehabilitation
  • Occupational therapy
  • Travel expenses for medical appointments
  • Household services expenses (for services once performed by the injured person)
  • Lost wages
  • Lost future earning capacity

Non-Economic Damages

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:

  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of quality or enjoyment of life

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

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.

Proving Negligence in Your Case

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:

  • The defendant owed you a duty of care
  • The defendant breached their duty
  • You suffered losses in the accident
  • The defendant’s actions or inaction caused the accident and your losses

How a Queens Motorcycle Accident Attorney Can Help Your Case

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:

  • Get video footage of your accident from nearby businesses
  • Contact expert medical witnesses to review your medical history and point out new damage from the accident
  • Get a reconstruction expert to compile evidence and create a model of the accident events
  • Speak with the insurance companies and represent your interests with the adjusters

Contact an Experienced New York Motorcycle Accident Lawyer

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.

FAQs

Questions about motorcycle law in New York? Check out our FAQ.

How does comparative negligence affect the compensation award?

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.

Does New York have a helmet law?

New York requires all motorcycle riders to wear a DOT-approved helmet, regardless of age.

What is the minimum insurance required for motorcyclists in New York?

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.