Accidents involving motorcycles are sometimes a result of the negligence of the motor vehicle driver because oftentimes they fail to see the motorcycle even when their view is not obstructed. Given that motorcycles lack the physical protection that a car affords, the injuries that a motorcyclist can receive from the impact of the crash can be devastating.
Unlike victims of a car accident, New York State law does not require injured motorcyclists to prove a “serious injury” in order to bring a claim against the responsible party. The lack of this requirement means that whether the injury is “severe” or simply consists of “aches and pains” you have a right to be compensated for your loss.
Let Pamela Zambrano Law protect your rights and make sure that these claims are enforced against the person responsible for your injuries.
What You Should Know About Motorcycle Accidents
Unlike victims of a car accident who need to prove a “serious injury” in order to bring a claim against the responsible party, as a victim of motorcycle accident, you may have the right to receive compensation for medical bills, lost wages, pain and suffering and other expenses, regardless of the severity of your injuries.
Despite the fact that people involved in motorcycle accidents are often seriously injured, they are not protected by No-Fault insurance coverage. Unfortunately, this means that huge medical bills, and time lost from work may go uncompensated without the proper legal protection.
However, if you are the victim of a hit and run, or if you were struck by a defendant that was either uninsured or under-insured, the law allows you to make a claim against your own motorcycle policy.
Furthermore, if you were injured while a pedestrian or occupant of a motorcycle not owned by you, you may be entitled to additional insurance coverage under any insurance policy applicable to a motor vehicle that you own, or that of a motor vehicle owned by a resident (relative) of your household.
Like so many elements of the legal process, determining insurance coverage is essential to maximizing your personal injury recovery, and a mistake in the process can cost you money.
Pamela Zambrano Law will research complex insurance coverage aspects of your case to ensure that you are getting the most money you deserve.
Liability in Motorcycle Accidents
Although we understand that motorcycle accidents often result from the simple failure of car and truck drivers to notice motorcycles in traffic, securing financial compensation in motorcycle accident cases can be difficult because of misperception that bikers are less responsible than other drivers.
Often, the other driver will attempt to minimize liability and resist full compensation for your injuries by raising the comparative negligence defense.
Comparative negligence is a legal rule that states that the plaintiff’s damages must be reduced by the degree of his or her own fault in the accident.
For example, an accident victim with $100,000 in proven damages but who was found to be 40 percent at fault will recover only $60,000. New York law applies an unrestricted form of the comparative negligence rule, so that a plaintiff found to be 80 percent at fault can file a lawsuit against the other driver who was only 20% at fault, and would still recover 20 percent of the damages proved.
Our experience with the investigation and presentation of motorcycle accident claims can not only protect the value of your claim in the face of comparative negligence defenses, but will also focus on presenting complete and accurate proof of your damages demand.