In New York, you have the right to request compensation from anyone liable for your motorcycle accident. You can exercise this right by pursuing compensation from an at-fault party through a personal injury lawsuit.
Speak with a Long Island personal injury lawyer about your rights after a motorcycle accident in New York. Your attorney will learn about your accident, how it happened, and who is responsible. They may advise you to ask for compensation from any liable parties. If you decide to take legal action, your lawyer will seek maximum compensation on your behalf.
A Closer Look at Your Rights After a Motorcycle Accident in NY
One of the rights you have after a motorcycle accident in New York relates to personal injury lawsuits. Generally, you have up to three years from the date of your motorcycle accident to sue any responsible parties for compensatory damages. If you choose not to pursue compensation in alignment with this time frame, you will be liable for your accident losses.
Even though you have the right to sue someone based on your motorcycle accident, New York’s comparative negligence rule can determine your case outcome. With this, you will get partial damages if you’re in any way liable for your accident. For example, if a judge or jury rules that you’re 20% at fault for your motorcycle crash, you’ll get 80% of the damages you requested.
As a rider in New York, you don’t have the right to get compensation from your insurance carrier after your motorcycle crash. This is due to the fact that your insurance coverage is considered at-fault. Alternatively, if you are driving your car and a motorcyclist causes an accident, you may be protected financially by your no-fault auto insurance coverage, regardless of who is liable.
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How to Capitalize on Your Rights Following a Motorcycle Accident in New York
Meet with a motorcycle accident attorney, as they will explain your legal rights in detail. Your lawyer will advise you to treat your concussion, broken bones, and other injuries from your accident on a motorcycle. Meanwhile, they will build an argument designed to prove to a judge or jury that you deserve various damages, such as:
- Pain and suffering: You have the right to ask for compensation for your post-traumatic stress disorder (PTSD), physical discomfort, and other pain and suffering that you experience after your motorcycle collision.
- Medical bills: Track what you spend on doctors’ visits, medications, physical therapy, surgery, and ongoing medical care for your motorcycle accident injuries. By doing so, your lawyer will be able to include your medical expenses in your damages request.
- Lost wages: Tell your lawyer if you are losing money since you can’t work due to your motorcycle crash injuries. From here, your attorney will account for your loss of income in their argument.
- Motorcycle repair or replacement costs: Get estimates for what it will cost to fix your motorcycle or buy a replacement. Your lawyer can add these estimates to their collection of evidence, bolstering your case for damages.
Your lawyer will file your motorcycle accident lawsuit in accordance with New York’s personal injury statute of limitations. Then, they will work hard to get you case results that match or exceed your expectations.
Factors That Can Affect Your Rights After a New York Motorcycle Accident
You have the right to file a lawsuit against a motorist, motorcycle manufacturer, mechanic, government entity, or anyone else at fault for your accident. However, if you did anything that contributed to the incident, the court can reduce your damages by your percentage of fault.
In your motorcycle accident case, the court will consider whether you were splitting lanes, committed a right-of-way violation, or engaged in other careless or reckless behaviors. If a judge or jury finds that you share the blame for your accident with someone else, you could be awarded partial damages.
Motorcycle accident victims have the right to negotiate a settlement if they are involved in a lawsuit. Your personal injury attorney can open settlement negotiations with an at-fault party. They will keep you updated about these negotiations. If a settlement offer is made, you can review the proposal with your lawyer and make an informed decision on it.
Learn More About Your Rights After a Motorcycle Crash in New York State
It is easy to accept responsibility for a motorcycle accident. Yet, motorcyclists have legal rights following collisions. Consult with a motorcycle accident attorney for more information about your rights in the aftermath of your crash. Your lawyer can address your legal concerns and questions and help you decide if now is the right time to file a personal injury lawsuit.
Chaikin Trial Group Personal Injury Lawyers gives you access to a legal team with more than 50 years of combined experience. We can give you insights into your rights after your New York State motorcycle accident. If you are ready to proceed with a motorcycle crash lawsuit, we are here to help. Contact us today.