Motorcycle Accidents Lawyer in Queens

Pursuing the Compensation Our Clients Deserve

Riding a motorcycle provides a kind of freedom and exhilaration that no other automobile offers. Unfortunately, being more exposed can often lead to some of the most disastrous accidents and life-altering injuries. If you were injured in a motorcycle accident that was not your fault, you deserve to be compensated for your losses.

The Law Office of Seni Popat, P.C. is here to get what you are owed so that you have the financial means to pay for your medical bills and make up for lost wages and diminished earning capacity. Our Queens motorcycle accident attorney has handled hundreds of cases and has the experience and knowledge to fight for your fair settlement.

Injured in a motorcycle wreck? Call (718) 340-3385 or contact us online to get reliable legal advice from our Queens motorcycle accident attorney.

New York Motorcycle Accident Laws

Motorcycle accident laws in New York are governed by a combination of state traffic laws, insurance regulations, and personal injury liability principles. One of the most notable distinctions in New York is that motorcyclists are not covered under the state’s no-fault insurance system, which typically provides automatic compensation for medical expenses and lost wages regardless of who caused a car accident. This means that motorcyclists must pursue compensation from the at-fault party through a personal injury claim, making fault a crucial factor in motorcycle accident cases.

New York is a comparative negligence state, meaning that even if a motorcyclist is partially at fault for the accident, they may still recover damages. However, the compensation awarded will be reduced by the percentage of fault assigned to the motorcyclist. For example, if a motorcyclist is found to be 30% at fault and their total damages are $100,000, they would be eligible to receive $70,000. This law encourages fair distribution of responsibility but can complicate claims when fault is disputed.

Helmet use is mandatory for all motorcyclists and their passengers in New York, and failure to wear a helmet can affect injury claims. While not wearing a helmet doesn’t bar someone from seeking compensation, it may be used by the defense to argue that the rider contributed to the severity of their injuries. Eye protection is also required, and violations of these safety laws can influence a case’s outcome.

Because motorcycles are excluded from the no-fault system, injured motorcyclists can immediately file a lawsuit for pain and suffering, medical costs, lost income, and other damages. This is different from car accident victims, who must meet a "serious injury threshold" under no-fault before suing. However, the lack of no-fault benefits also means motorcyclists must rely on the at-fault driver’s insurance or their own health insurance for initial medical expenses.

Lastly, New York has a three-year statute of limitations for filing a personal injury lawsuit after a motorcycle accident. This means injured parties must file their claim within three years of the accident date, or they risk losing the right to pursue compensation. If the accident resulted in a fatality, the family of the deceased typically has two years to file a wrongful death claim.

What Are Common Causes of Motorcycle Crashes?

Motorcycle accidents can be caused by several things, including:

• Speeding
• Lane splitting
• Vehicle defects
• Inexperienced drivers
• Road defects
• Tailgating
• Alcohol and drugs
• Failure to signal
• Unsafe lane changes
• Car doors
• Road rage
• Poor weather conditions
• Over-breaking
• Or sudden stops

Motorcyclists face many challenges and dangers every time they hit the road. Due to the limited protection offered by a bike, riders are more likely to suffer severe or fatal injuries than those involved in an automobile collision.

Because of this, extreme caution is necessary—and not just on the biker’s part. All motorists need to be aware of motorcyclists and make sure they are doing everything possible to avoid accidents.

What Are the Most Common Injuries Caused by Motorcycle Crashes?

Regardless of the cause of a motorcycle crash, it can result in serious injuries, including:

• Broken bones
• Road rash
• Paralysis
• Traumatic brain injuries
• Or spinal cord injuries

Receiving adequate compensation is a necessary aspect of a successful recovery.

What Should You Do After a Motorcycle Accident?

In the chaotic aftermath of a motorcycle accident, it's crucial to remain calm and prioritize safety. Your immediate actions can significantly impact the outcome and your well-being. Here's a guide on what to do in the crucial moments following a motorcycle crash:

1. Ensure Your Safety: The first priority is to move to a safe location, if possible. Assess the situation and be aware of traffic, potential hazards, or any leaking fluids from the motorcycle. 
2. Check for Injuries: Check yourself over for injuries. Call emergency services immediately if you or others have severe injuries. Avoid moving anyone who is injured.
3. Report the Accident: Contact law enforcement to report the accident, even if it seems minor. Having an official police report can streamline the insurance claims process and provide an unbiased account of the incident. 
4. Exchange Information: Exchange contact and insurance information with all parties involved, including witnesses. Document the scene by taking photos of the vehicles, injuries, and any relevant road signs or signals. This information will be invaluable when filing insurance claims or providing evidence later on.
5. Seek Medical Attention: Even if injuries seem minor, it's crucial to seek medical attention promptly. Some injuries may not be immediately noticeable, and a medical professional can provide a thorough examination, diagnose hidden injuries, and document your condition for future reference.
6. Preserve Evidence: Preserve any evidence related to the accident, such as damaged gear, clothing, or the motorcycle itself. This documentation can assist in determining fault and liability during insurance claims or legal proceedings.
7. Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Provide as much accurate and detailed information, like the police report, to assist with the claims process.

Am I Entitled To Compensation After A Motorcycle Collision?

In a motorcycle accident claim, victims may be entitled to several types of compensation, depending on the nature and severity of their injuries, the extent of property damage, and the overall impact the accident has had on their life. These are typically grouped into economic and non-economic damages:

• Medical Expenses: This includes compensation for all current and future medical costs resulting from the accident. It can cover emergency room visits, hospitalization, surgeries, doctor’s appointments, physical therapy, medications, medical equipment (like crutches or braces), and any long-term rehabilitation. If the injury leads to a disability or requires ongoing care, those future medical needs may also be included.
• Lost Wages: If the motorcyclist is unable to work due to their injuries, they may be entitled to recover the income they’ve lost during their recovery period. This also applies to freelance or self-employed individuals who can show their earning potential was affected. In cases where the injury results in a reduced ability to work or permanent disability, compensation can also cover loss of future earning capacity.
• Property Damage: This includes the cost of repairing or replacing the motorcycle and any other personal property that was damaged in the accident (e.g., helmet, clothing, gear, phone). If the motorcycle is totaled, the rider may receive the fair market value of the bike at the time of the crash.
• Pain and Suffering: Pain and suffering refers to the physical pain and emotional distress caused by the accident and the resulting injuries. This includes chronic pain, emotional trauma, anxiety, depression, and loss of enjoyment of life. Calculating this type of damage can be more subjective, and it typically increases with the severity and permanence of the injuries.
• Loss of Consortium: In severe cases, a spouse or family member may be able to claim compensation for the loss of companionship, affection, support, or intimacy due to the injured person’s condition. This is more common in cases involving life-altering injuries or death.
• Wrongful Death Damages: If a motorcyclist dies as a result of the accident, the surviving family may pursue a wrongful death claim. Compensation can include funeral and burial costs, loss of the deceased’s future earnings, loss of parental guidance or companionship, and emotional suffering.

Our motorcycle accident attorneys in Queens can help evaluate factors like liability and damages, ensuring your rights are protected and pursuing the compensation you deserve.

Why You Should Work With A Motorcycle Accident Attorney In Queens

If you've been involved in a motorcycle accident in Queens, NY, partnering with a knowledgeable motorcycle accident lawyer near you is crucial to navigating the complexities of your case. The motorcycle accident attorneys at Law Office of Seni Popat, P.C. bring a wealth of expertise and local knowledge that can significantly impact the outcome of your claim.

One of the primary reasons to work with a motorcycle accident attorney from Law Office of Seni Popat, P.C. is for our deep understanding of local traffic laws and regulations. Our expertise ensures that your case is handled with precision, as we can identify what may influence your compensation. Additionally, our attorneys are familiar with the common causes of motorcycle accidents in the area, allowing us to build a strong case based on evidence and expert testimony.

Another key advantage of hiring a Queens motorcycle accident lawyer from Law Office of Seni Popat, P.C. is our negotiation skills. Insurance companies often aim to minimize payouts, but a skilled attorney from our firm knows how to counter these tactics, advocating for the full compensation you deserve. From medical expenses to lost wages and pain and suffering, they strive to maximize the financial recovery for their clients.

Finally, having a dedicated legal professional by your side provides peace of mind. Navigating the aftermath of an accident can be overwhelming, and an attorney can manage the legal complexities, allowing you to focus on your recovery. By choosing an experienced motorcycle accident attorney in Queens, NY, you ensure that your rights are protected and your case is positioned for success.

Put Experienced & Aggressive Representation On Your Side

In a motorcycle accident claim, it is important to accurately determine who is at fault. Determining fault is not something that is easily agreed upon by victims, law enforcement, emergency responders, or insurers. It is important to have an experienced personal injury attorney investigate the case on your behalf.

At the Law Office of Seni Popat, P.C., our Queens motorcycle accident lawyer can help you: 

• Understand your legal options
• Identify your financial needs for recovery
• Conduct an investigation of the accident
• Challenge police reports
• Prepare strong arguments to prove liability
• Fight for maximum compensation from insurance companies

Suffering due to your motorcycle accident injuries? Call (718) 340-3385 or contact our firm onlineto schedule a free consultation with our motorcycle accident lawyer in Queens.