New York Motorcycle Accident Lawyers

Even the most experienced and cautious motorcyclist may find his or herself injured in an accident. After a collision, it is not uncommon for the other driver to state that he or she did not see the motorcycle. While it may be hard to see a bike in some situations, this is not a solid defense. Each motorist on the roadways has a level of responsibility to be aware of his or her surroundings. Whether the other driver saw your motorcycle or not, he or she could be held liable for your incurred damages.

If you or a loved one has been in a motorcycle and sustained a personal injury, contact the New York Hill & Moin motorcycle accidents lawyers today at (212) 668-6000. Our New York motorcycle accident attorneys have over 40 years of experience handling accident cases and are available to answer your questions today.

Hill & Moin motorcycle accident lawyers work hard to protect our clients’ legal rights. If you sustained an injury because of another’s negligence and we take on your case, we will work tirelessly to seek the highest compensation on your behalf. We also work hard in gaining compensation for your lost wages, property damage, therapy, medications, medical bills, and pain and suffering.

New York Motorcycle Accident Laws

Motorcycle accidents in New York are subject to specific legal guidelines aimed at protecting riders and ensuring fair compensation in the event of a crash. The most important rules and regulations refer to:

Statute of limitations

In New York, motorcycle accident victims have three years from the accident date to file a personal injury lawsuit. Missing this deadline typically results in losing the right to pursue compensation through the court system.

Helmet laws

New York law mandates that all motorcycle operators and passengers wear helmets that meet Department of Transportation (DOT) safety standards. Failure to comply can result in fines and points on the rider’s driver’s license.

Lane splitting

Lane splitting, where a motorcycle rides between lanes of slower-moving or stopped traffic, is illegal in New York. Motorcyclists caught lane splitting can face fines and points on their licenses.

Right of way rules

Motorcyclists have the same rights and responsibilities as other drivers. They must adhere to all traffic laws, including yielding the right of way when required. Violating these rules can result in liability if an accident occurs.

Comparative fault

New York uses a comparative fault system in motorcycle accident cases. If a motorcyclist is found partially at fault for an accident, their compensation will be reduced by their percentage of fault. For instance, if they are deemed 30% at fault, their financial award will be reduced by 30%.

No-fault insurance exemption

Unlike other motor vehicles, motorcycles are not covered under New York’s no-fault insurance system. Motorcyclists must pursue claims directly against the at-fault party’s insurance for medical expenses, lost wages, and other damages if they suffer serious injuries.

Motorcycle insurance requirements

New York law requires all motorcyclists to maintain liability insurance with minimum coverage of:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident involving multiple people
• $10,000 for property damage

Having adequate coverage ensures financial protection in the event of an accident.

Uninsured/underinsured motorist coverage

Given that some drivers may lack sufficient insurance, motorcyclists should consider purchasing uninsured/underinsured motorist coverage. This optional policy provides additional financial protection if the at-fault driver cannot fully compensate for damages.

Traffic law changes in 2024 in NY & NYC

Several important traffic law updates have taken effect in 2024:

• Expanded Move Over Law: Drivers and motorcyclists must now slow down and move over when approaching disabled vehicles on the roadside, extending protections to more situations.
• Stopped School Bus Law Update: Fines will increase for motorists who illegally pass school buses with flashing red lights, emphasizing child safety.
• Jaywalking Legalization in NYC: Jaywalking will be decriminalized, though pedestrians must still exercise caution. Drivers and motorcyclists should remain alert to avoid collisions.

At Hill & Moin, LLP, we aim to keep motorcyclists and other motorists informed and safe. Understanding New York motorcycle accident laws can help riders make better decisions and protect their rights in case of an accident. Stay aware, stay compliant, and ride safely on New York’s roads.

Common Types of Motorcycle Accidents

Motorcycle accidents are less common than motor vehicle accidents. However, since motorcycles have less body protection, this often makes a personal injury more severe. Furthermore, head and neck injuries are more common in motorcycle accidents.

Seeking assistance from an experienced motorcycle accident lawyer can help you receive fair compensation for any injury sustained in an accident.

Below are some common types of motorcycle accidents that Hill & Moin has handled:

• Car accidents
• SUV accidents
• Truck accidents
• Rear-end accidents
• Head-on accidents
• Road-sharing accidents

Suffering from a motorcycle injury brings a tremendous amount of stress physically and emotionally. Therefore, if you or a loved one has suffered a motorcycle injury, reach out to the Hill & Moin motorcycle accident lawyers today at (212) 668 – 6000 for a free case evaluation.

Causes of Motorcycle Accidents in New York

There are several reasons a motorcycle accident may occur. For instance, motorists may not be paying attention to their surroundings. Therefore, it is always important not only for motorists but also for motorcyclists to pay close attention when on the road.

Below are some common reasons for motorcycle accidents:

• Road conditions – Different road conditions, including word debris, rain, snow, and ice, can cause a motorcyclist to lose control and wreck their bike.
• Driving intoxicated – Driving under the influence of drugs or alcohol can affect how you operate a motorcycle along with your reaction time. You may swerve or drive erratically, resulting in an accident.
• Blind spots – Failing to pay attention to your blind spots or check them often could make you run into something and wreck.
• Door accidents – When drivers or car passengers open their car doors without paying attention to oncoming traffic, this can impede a motorcyclist’s view and obstruct his or her path.
• Front brake overcompensating – When the motorcycle comes to a sudden stop, this can throw your momentum off and, in return, throw you off of your bike.
• Line splitting – Cutting in between other vehicles and dangerously lane changing may cause a severe accident.

It is essential for other drivers to pay attention to motorcyclists on the road. Still, it is just as important for motorcyclists to pay attention to other drivers and their surroundings. If everyone paid attention to road signs, road conditions, and other drivers on the road, we could very well cut down on the number of accidents that occur each day.

Common Motorcycle Injuries in New York

Riding a motorcycle may give you a sense of freedom, but the lack of protection can cause severe injuries, even in a low-speed collision.

Below are some common motorcycle injuries that may occur:

• Broken bones – Since motorcycles have less protection, it is more common to suffer from broken bones during a motorcycle accident.
• Traumatic brain injury – By not wearing a safety helmet, the motorcyclist can suffer severe head trauma. Severe head trauma can result in the loss of quality of life.
• Spinal cord injuries – A spinal cord injury can result in paralysis of the legs and arms or may even become fatal.
• Road rash – When you are involved in a motorcycle accident and your body meets the pavement, gravel, or dirt, this can cause abrasions, cuts, and bruising.
• Amputation – Depending on the severity of your injuries, some accidents may result in the removal of a limb.
• Wrongful Death – Some motorcycle accidents become fatal because of the lack of protection or not wearing proper safety gear.

Impact of Being Involved in a Motorcycle Accident in New York

After being injured in a motorcycle accident, it is crucial to seek legal representation. After the accident, if you can retain any information from witnesses, this can help your legal case later on.

You must seek legal help when you are severely injured and wish to seek compensation. A motorcycle accident lawyer from Hill & Moin or among our trusted network of local attorneys can help you through your entire legal process. After an accident, depending on the severity of injuries, you may experience some disruptions.

These impacts can include but not limited to:

• Loss of income
• Medical bills
• Diminished quality of life
• Pain
• Mental impairment such as stress and depression
• Medical equipment expenses
• Expenses for property damage
• Loss of consortium

With a personal injury and psychological stress, it can be hard for you to focus on your court proceedings. Therefore, it is important to seek the best legal representation.

When we take on your case, a New York Hill & Moin lawyer will help you every step of the way. We understand the stress you are under right now and will fight aggressively to seek the highest settlement possible. If you have been injured and looking for legal counsel, contact a New York motorcycle accident lawyer today at (212) 668- 6000 for a free case evaluation.

What to Do After a Motorcycle Accident in New York

Motorcycle accidents can happen quickly, and what you should do next is not always clear. If you or your loved ones have been accident victims, your priority is your safety and health. If the accident scene is unsafe, the first thing you should do is seek protection.

Below are the next few steps one should take after a motorcycle accident:

1. Evaluate any personal injury – Be sure to evaluate any injuries you have sustained along with others involved. Suppose you or someone else has been injured, contact 9-1-1 immediately. Even if the injuries do not seem severe, it is important to get medical professionals on the scene.
2. Retain personal and insurance information – When in a safe location, gain information from all involved. This includes personal information, including names, insurance information, phone number, address, license number. If you have been involved in a hit-and-run accident, your accident attorney can request camera footage from the area to identify the driver.
3. Contact law enforcement – Once contact information has been exchanged between the involved parties, law enforcement should be notified. Having law enforcement present may help in building your legal case. Police officers are required by law to take statements and file a report of the accident. This report can be used later in court when seeking compensation.
4. Make a note of the surroundings – During this time, take pictures of the accident scene, vehicles, and injuries. Also, make a note of the exact location and time of the accident.
5. Contact a motorcycle accident attorney – The attorneys at Hill & Moin are able to help you with your legal proceedings. Having a motorcycle accidents lawyer on your side may help you in receiving reimbursement for any expenses such as medical bills and property damage. Be sure to give all pertinent information and evidence to your attorney as soon as possible.
6. Contact your insurance company – Informing your insurance company that you have been involved in an accident can help when seeking reimbursement and compensation. However, before contacting your insurance company, you must seek legal counsel, as your insurance company may ask for a legal statement. Do not oblige them! Lawyers for motorcycle accidents should be the ones to speak to the insurance companies, to keep clients from implicating themselves.

Reaching out to a motorcycle accident attorney can help you in gaining compensation. Our law firm understands the stress that motorcycle accident injuries can cause. As accident victims, it is vital to seek legal help. Contact a New York motorcycle accident attorney today at Hill & Moin LLP law firm (212) 668 – 6000.

Frequently Asked Questions About New York Motorcycle Accident Lawyers

What Should I Do After a Motorcycle Accident in New York?

Your health and safety should come first. Seek immediate medical attention, report the accident to the police, and document the scene if you are able. Take photographs of your motorcycle, the other vehicles involved, road conditions, and your injuries. Collect witness contact information and avoid discussing fault before speaking with a New York motorcycle accident lawyer.

Who Can Be Held Liable for a Motorcycle Accident?

Liability depends on how the crash occurred. Responsible parties may include a negligent driver, a commercial vehicle operator, a vehicle manufacturer, a government entity responsible for unsafe road conditions, or another party whose negligence contributed to the accident. An attorney can investigate the collision and identify all potential sources of compensation.

Can I Recover Compensation If I Was Partially at Fault?

Yes. New York follows a pure comparative negligence rule, meaning you may still recover compensation even if you were partially responsible for the accident. However, your recovery may be reduced by your percentage of fault. An experienced attorney can help protect you from unfairly being assigned more blame than you deserve.

What Compensation Can I Recover After a Motorcycle Accident?

Depending on the circumstances of your case, you may be entitled to compensation for medical expenses, future medical care, lost wages, diminished earning capacity, pain and suffering, rehabilitation costs, property damage, and other losses. The value of your claim depends on the severity of your injuries and the available evidence.

How Long Do I Have to File a Motorcycle Accident Lawsuit in New York?

New York law establishes deadlines for filing personal injury lawsuits, and missing the applicable statute of limitations may prevent you from recovering compensation. Certain claims may involve different deadlines or special notice requirements. Consulting a motorcycle accident lawyer as soon as possible helps protect your legal rights.

Why Are Motorcycle Accident Cases Different From Car Accident Cases?

Motorcyclists often suffer more severe injuries because they have far less protection than occupants of passenger vehicles. Insurance companies may also attempt to unfairly stereotype riders or dispute liability. A motorcycle accident lawyer can gather evidence, work with accident reconstruction experts when needed, and advocate for the full compensation you deserve.

How Much Does It Cost to Hire Hill & Moin LLP?

Hill & Moin LLP handles motorcycle accident cases on a contingency fee basis. That means you generally pay no upfront attorney’s fees, and the firm only collects a fee if it successfully recovers compensation on your behalf. During your confidential consultation, an attorney can explain the legal process and answer your questions.

What a Motorcycle Accident Lawyer Can Do for You

Experienced motorcycle accident attorneys can help with all your legal proceedings. Choosing a lawyer to help represent you in your case can benefit you in gaining all evidence and information you need to win your case.

Below are a few things that the accident attorneys at Hill & Moin can do for you when we take on your case:

• Get witness statements
• Obtain reports from law enforcement and medical professionals
• Gain photos of the scene of the accident
• Recreate the accident scene to build your legal case
• Gain access to security camera footage
• Consult experts regarding your accident
• Get the driving history of those involved in the accident
• Gather evidence to help show negligence
• Talk with insurance companies on your behalf

When choosing the attorneys at Hill & Moin, you are choosing professionalism, respect, and knowledge. Our legal team has handled many cases regarding motorcycle accidents over our 40 years of practice. We know how important it is to seek compensation to help with medical bills and to get back on your feet.

Let the motorcycle accident attorneys at Hill & Moin represent you today. When you choose Hill & Moin, it is “like having a lawyer in the family,” as many of our clients have told us.

When you work with us, you are always treated with respect and compassion. We treat all our clients as if they were family. Contact our New York City law office today at (212) 668-6000 for a free case evaluation.