After a motorcycle accident in New York, the first step you should take is getting medical care right away. Your safety is a priority, and making sure you’ve been medically cleared is of utmost importance.
From there, it’s smart to double-check that a police report was filed. While you are free to call law enforcement and speak to the police on your own, many people feel more comfortable contacting a Long Island personal injury lawyer and leaning on them for support instead.
In the meantime, avoid speaking with insurance companies before retaining a lawyer to handle your case. The sooner you call an attorney who has experience with situations like yours, the more likely your rights will be protected and prioritized.
The Steps To Take Immediately After a New York Motorcycle Accident
In the immediate aftermath of a motorcycle accident, the majority of people involved are not thinking clearly, and that’s completely normal. But even though these moments are tense and confusing, your actions could end up affecting your entire claim later on in the process.
Here’s what matters above all in those first hours following a motorcycle-involved crash:
- Getting medical attention immediately, even if you aren’t in pain
- Making sure the police are called and that law enforcement creates a report
- Refraining from making any statements to insurance companies on your own
- Preserving as many photos and videos, or as much information, as possible
Insurance companies often start building their defense as soon as they become aware of the crash. While you’re healing from your injuries, they’re thinking of ways to frame the incident and shift blame off of the party they cover in any way possible.
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What to Expect When Filing Motorcycle Accident Claims in New York
One of the biggest surprises for injured riders is that motorcycle accident claims in New York follow completely different rules from claims pertaining to car crashes. Unlike people driving vehicles, motorcyclists are not covered under New York’s no-fault system.
That means the medical bills and lost wages that motorcyclists face are not automatically covered through insurance. Instead, your case will rely on your lawyer’s ability to prove fault under the state’s negligence law.
In order for you to recover compensation as the victim of the collision, here’s what your attorney will need to show:
- The other driver acted carelessly or violated traffic rules.
- Their carelessness is what caused the crash.
- You suffered injuries and financial losses as a result of their behavior.
New York also adheres to comparative negligence per CPLR §1411. You might be thinking, “What is comparative negligence?” This essentially means that you can still recover compensation in your case if you are partially at fault for the incident.
However, it’s important to know that your total recoverable compensation will be reduced by your percentage of fault.
What You Should Not Do After a Motorcycle Accident in New York
While it’s important to understand the steps you should take after a motorcycle accident in New York, it is equally helpful to know what you shouldn’t do in this situation, especially when asking, “What is no-fault insurance?” and how it may apply to your case.
Unfortunately, a lot of injured riders unintentionally hurt their own case without meaning to or realizing they did. Here are actions that could seriously impact the outcome of your claim:
- Giving a recorded statement to the insurance company
- Downplaying your injuries because they feel minor in the moment
- Posting about the accident or your recovery process on social media
- Accepting a settlement offer before knowing the full extent of your injuries
- Missing your follow-up medical appointments or ignoring your treatment plans
Insurance companies are trained to use these moments against you. In fact, simply stating that you feel okay or apologizing for the crash, even if you don’t think it’s your fault, can be used as supporting evidence when arguing that your injuries aren’t as serious as you’ve claimed.
Steps a Motorcycle Accident Lawyer Can Take For Accident Victims
A motorcycle accident lawyer will file a claim on your behalf and communicate with insurance companies while negotiating a fair settlement offer.
However, this is only the beginning. Here’s what else your attorney can do when representing you as the victim of the crash:
- Investigate the crash scene
- Review police reports
- Request witness statements
- Work with medical providers who documented your injuries
- Preserve evidence of damage to your motorcycle
- Identify all parties who might share liability
- Speak directly with insurance companies
- File a lawsuit in your case
Ultimately, your attorney will take on the responsibility of handling all legal matters for you. This allows you to focus your time on recovery.
Call Chaikin Trial Group Personal Injury Lawyers for Help Taking Steps After a Motorcycle Accident in New York
After a motorcycle accident in New York, one of the steps you should take is to contact a lawyer who has experience handling motorcyclist-involved crashes. If you’re the victim of a motorcycle accident and you need legal representation, call Chaikin Trial Group Personal Injury Lawyers.
The sooner you reach out to our law firm, the more time our attorneys will have to understand what caused the collision and hold the at-fault parties accountable for their actions. You don’t have to worry about the financial side of things because we work on a contingency basis.
Instead of stressing out about legal fees or hesitating to get help due to finances, you won’t owe us anything until we recover compensation in your case. Plus, we make sure all of our clients are treated with respect. Come in as a client, leave as a friend. Contact us today.