Motorcycle accident cases can be complicated, especially when the insurance company tries to shift blame. A Hempstead personal injury lawyer can help you file a strong claim and recover damages.
The attorneys at Chaikin Trial Group Injury Lawyers have over 50 years of combined experience. If you were injured in a collision caused by somebody else, a motorcycle accident lawyer in Hempstead can help you obtain a fair settlement.
What Can a Hempstead Motorcycle Accident Lawyer Do for Me?
Legal representation can make a significant difference in the outcome of a personal injury case.
Our Hempstead motorcycle accident lawyers can:
- Investigate your accident: We can gather police reports, witness statements, traffic camera footage, and other evidence to build a clear picture of what happened and who is at fault.
- Determine your claim’s value: We can assess both your short-term and long-term losses and calculate your claim’s true value.
- Handle insurance companies: Insurance adjusters are trained to protect their company’s bottom line. We can handle communications with them and push back against unfair settlement offers.
- Take your case to court: If a fair agreement can’t be reached, we can file a lawsuit and represent you at trial.
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What Types of Compensation Can You Recover?
Motorcycle accident victims in Hempstead may be entitled to several types of compensation, including:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Damage to your motorcycle
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Rehabilitation and therapy costs
In cases involving extreme negligence or intentional misconduct, punitive damages may also be available. Our Hempstead motorcycle injury lawyers can help make sure your settlement accounts for all of your losses.
What is the Time Limit for Motorcycle Accident Claims in New York?
Per NY CPLR § 214, the statute of limitations for personal injury claims in New York is generally three years from the date of the accident. However, if your claim involves a government entity, you may be required to file a notice of claim within 90 days.
Missing the applicable deadline can prevent you from recovering any compensation at all. A Hempstead motorcycle crash lawyer can help you file a motorcycle accident claim on time.
How Do You Prove Liability?
To recover compensation for a motorcycle crash, you must prove that another party was negligent.
This requires establishing four legal elements:
- Duty of care: The at-fault party had a responsibility to operate their vehicle safely and follow traffic laws.
- Breach of duty: That responsibility was violated through careless or reckless behavior.
- Causation: The breach directly caused the accident and your injuries.
- Damages: You suffered measurable losses as a result, such as medical bills or lost income.
Evidence that can help you prove liability may include accident reports, medical records, photographs, and expert testimony. The stronger your evidence, the more difficult it is for insurance companies to dispute your claim, which is why you need a lawyer who can investigate your accident.
Common Causes of Motorcycle Accidents in Hempstead
Motorcycle accidents happen for many reasons, many of which involve negligence.
Common causes of these crashes include:
- Drivers failing to check blind spots
- Failure to yield at intersections
- Speeding or reckless driving
- Distracted driving
- Driving under the influence of drugs or alcohol
- Unsafe lane changes
- Road hazards such as potholes or debris
A Hempstead motorcycle crash attorney can investigate your accident and identify who is at fault.
Common Motorcycle Accident Injuries
Motorcyclists are far more exposed than occupants of enclosed vehicles, which means the injuries riders sustain in accidents tend to be more severe.
Common injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones and fractures
- Road rash and severe skin abrasions
- Internal bleeding and organ damage
- Neck and back injuries
Challenges in Motorcycle Accident Claims
Motorcycle accident cases can present unique legal challenges, such as:
- Bias against motorcyclists: Insurance companies and juries may assume riders are reckless, which can shift blame to you even when the evidence indicates you are not at fault.
- More severe injuries: The seriousness of motorcycle injuries often results in larger claims, prompting insurers to fight even harder to minimize payouts.
- Disputes over fault: Drivers may claim they didn’t see your motorcycle, making it harder to clearly establish liability without strong supporting evidence.
Our lawyers can help you overcome these obstacles and achieve your goals for your case.
What to Do After a Motorcycle Accident in Hempstead
The steps you take after a motorcycle accident in New York can affect your ability to recover compensation.
Be sure to:
- Call the police and ensure an official report is filed
- Take photos of the accident scene, the vehicles, and any visible injuries
- Collect contact information from witnesses
- Seek medical attention right away, even if your injuries seem minor
- Avoid admitting fault or giving recorded statements to insurance companies
- Contact our Hempstead motorcycle accident law firm before accepting any settlement offers
Consult a Motorcycle Accident Attorney in Hempstead
A motorcycle crash can derail your life. If you were the victim of one, our Hempstead motorcycle accident attorneys can handle your claim, deal with the insurance company, and fight for a fair settlement so you can focus on your recovery.
Schedule a free consultation to take the first step toward justice.