Motorcycle Accident Lawyers

Experienced New York City Motorcycle Accident Lawyers

Motorcycle Accident LawyerA motorcyclist is 27 times more likely to die and 5 times more likely to be injured in a vehicle crash than an occupant of a passenger car. Motorcycles give people the opportunity to use a form of transportation that is convenient, cheaper to fuel and easier to park than other types of vehicles. However, motorcyclists are also much more vulnerable to crashes and injuries than other motorists, a fact which highlights the need for safe driving on behalf of motorcyclists and the drivers they share the road with. A motorcycle accident lawyer at Kaplan Lawyers PC can help you take the next step if you’ve been the victim of another driver’s negligence. Our motorcycle accident attorneys have decades of experience handling claims ranging from road rash to wrongful death, and we are here to help you maximize your recovery and get the medical attention that you need.

The Statistics on Motorcycle Safety

By taking a look at just a few of the facts and figures on crashes involving motorcycles, we can gain a clearer picture of how these crashes happen and just how common they are.

  • In New York, there were 4,760 motorcycle crashes, 135 motorcyclist fatalities and 4,633 injuries in motorcycle-involved crashes in 2014.
  • The three leading causes of these motorcycle crashes were unsafe speeds, failure to yield to right of way and driver distraction.
  • In the United States, over half of all motorcycle fatalities are adults over the age of 40, while motorcyclists over the age of 60 are two and a half times more likely to have serious injuries compared to younger motorcyclists.
  • In 2014, 29 percent of motorcyclists in fatal vehicle crashes were over the legal limit for blood alcohol concentration.
  • That same year, 33 percent of motorcyclists in fatal vehicle crashes were speeding at the time of the crash.
  • Motorcyclists on “super sport” bikes have death rates four times higher than those on other types of motorcycles.

Injuries and Fatalities in Motorcycle Injuries

As we can see, motorcyclists are particularly vulnerable to the serious injuries that occur in vehicle crashes. These injuries can come in many forms and are often suffered in conjunction with one another. A few examples include:

Determining Fault in a Motorcycle Crash

The majority of all vehicle crashes are due to human error. It is often the driver of the other vehicle, and not the motorcyclist, who was responsible for a multi-vehicle crash. Whether due to driver distraction, impaired driving or reckless driving practices such as speeding or failing to notice another vehicle when changing lanes, there can be a number of contributing factors that lead to one single crash. Determining fault in a motorcycle crash means examining and investigating many different aspects of the incident. An experienced motorcycle accident attorney will be able to investigate the facts of a case and determine who was at fault in the crash.

Safety Tips for Motorcyclists

There are some steps that motorcyclists can take to make their rides a safe one:

  • Wear a Department of Transportation-approved helmet.
  • Wear lightweight, breathable material that has heavy-duty armor panels along the spine, torso, shoulders, and elbows.
  • Ride defensively, assume that the drivers of the cars around you have not seen you.
  • Provide a safe distance between your motorcycle and other vehicles on the road.

Safety Tips for Those Sharing the Road with Motorcyclists

Reducing the number of motorcycle crashes will also require the efforts of other drivers, too. Here are a few tips to keep in mind:

  • Be mindful of blind spots and always use a turn signal when making turns in the vicinity of motorcyclists. Around 40 percent of collisions involving a motorcycle and another vehicle occur when the other vehicle is making a left turn.
  • Allow motorcyclists a full lane to drive in.
  • Allow plenty of space when driving behind motorcyclists, especially when road conditions are even slightly hazardous.
  • Always assume that a motorcycle is closer than it appears when you are at an intersection. Because they are smaller in size, it can be more difficult to judge their distance and speed.

Unfortunately, not all accidents can be avoided. If you have been injured due to the negligence of another driver or because of a roadway defect, you should call an experienced motorcycle accident lawyer at Kaplan Lawyers PC. Our legal team has been helping injured riders for decades, and we are here to help you as well. If your motorcycle insurance will not pay for your medical bills or associated expenses, it is imperative that you contact us immediately so we can investigate and confirm who was responsible for your accident and hold those parties accountable. The consultation is free, and we charge no legal fee unless we win your case.

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Frequently Asked Questions for Motorcycle Accidents

Do I need an attorney to handle my claim?
No. However, the insurance company employs an army of attorneys, claims specialists, and experts to win the case, so in order to get the compensation that you are entitled to you will need to hire an attorney that specializes in this type of law. Our legal team has decades of experience and a proven track record of maximizing settlements and we are in the best position to guarantee that you get everything that you are entitled to.
How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality the time to bring a claim is significantly shorter depending on who the claim is against so you should consult with an attorney immediately.
Can I bring a claim even if the other driver wasn’t 100% at fault?
Yes. New York law follows the pure comparative negligence rule which states that an injured party will receive compensation for their injuries in proportion to their percentage of contributing to the accident. For example, if a jury believes that a claimant was 10% at fault the other driver is responsible to pay 90% of the claimant’s damages.
Do I have to pay any legal fees if I lose my case?
No. Our attorneys work on a contingency fee which states that if you don’t win your case we don’t get paid.
How much is my case worth?
If any attorney tells you that they know how much your case is worth before reviewing all of the documentation then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.
How long will it take to settle my case?
Every case is different but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our client’s cases, generally resolving cases years faster than any other firm.
How will my medical bills get paid?
Your medical bills will be paid by your private health insurance, since anyone operating a motorcycle is not entitled to No Fault benefits. If you do not have health insurance your medical bills will be submitted as an item of special damages as part of your claim against the other driver.
How will I get my motorcycle repaired?
If you have collision coverage we would recommend that you contact your insurance company and submit a claim under your policy. If you don’t have collision coverage you will have to file a 3rd party claim with the other driver’s insurance company. However, a 3rd party claim can take significantly longer to resolve and the insurance company will try to twist your words against you so we recommend that you contact a legal professional before contacting the insurance company directly.
Can anyone sue to collect for pain and suffering if they were in a car accident while riding a motorcycle?
Yes. Since motorcyclists are not entitled to receive No Fault benefits they can collect against the other driver without having to prove that they sustained a serious injury as defined by the New York State Legislature.

Top 5 Mistakes Made After a Motorcycle Accident

  • Admitting fault at the scene of the accident before you have all of the facts
  • Not filing an accident report with the police
  • Assuming you will feel better and not seeking medical attention
  • Believing that the Insurance Company will deal with you fairly
  • Not hiring an experienced motorcycle accident lawyer who will complete all filings to protect your rights and ensure that you will receive the compensation that you deserve

Call Now for a Free Case Evaluation!

(212) 563-1900 (NYC)
(516) 399-2364 (Nassau County)
(347) 758-9011 (Brooklyn)
(631) 619-5309 (Suffolk County)
(917) 382-9212 (Queens)


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