Motorcycle Accidents Attorney Serving New York & Long Island
Being involved in a motorcycle accident is a traumatic and life-altering experience. In some cases, the accident can even be fatal. If you or someone you know has been injured in a motorcycle accident, it is important to understand how fault is determined and to know your rights as well as the steps to take after the crash.
If you or someone you love has been involved in a motorcycle crash in New York or Long Island, contact the Law Office of Steven R. Smith. As an experienced and results-driven motorcycle accident attorney, I serve injured victims and their families in New York, Long Island, Westbury, Hempstead, New Hyde Park, and Mineola.
Steps to Take If You Were in a Motorcycle Accident
Unfortunately, motorcycle accidents are common in New York and across the United States. In 2021, fatalities in motorcycle crashes accounted for over 18% of all fatalities in motor vehicle accidents across the state, according to New York’s Department of Motor Vehicles.
If you find yourself involved in a motorcycle accident, there are certain steps that you should take to ensure that your legal rights are protected.
Call 911. The first step after a motorcycle accident is to call 911 and report the incident. This ensures that the police and medical personnel will be informed of the accident and can respond accordingly. It also provides an official record of the incident, which may be necessary for any legal proceedings that follow.
Seek medical help. If anyone involved in the accident has been injured, it’s vital to seek immediate medical assistance regardless of how minor you think the injuries may be. This not only helps them get the treatment they need but also provides evidence of any injuries suffered as a result of the accident.
Gather evidence. After calling 911 and seeking medical help, it’s crucial to start gathering evidence about the incident, such as photos or video footage from witnesses or surveillance cameras if available. Any other evidence, such as skid marks on the road, should also be documented before it disappears or fades away over time. Additionally, make sure that all contact information from both parties involved is gathered, so there is a record of who was involved in case legal action needs to be taken down the line.
Do not give statements to an insurance adjuster until you talk to a lawyer. Before speaking with an insurance adjuster from either party’s insurance company, it is vital to speak with an attorney first, as they can better advise what statements you should and should not provide. The lawyer can also ensure that your rights are being protected throughout this process and make sure you receive compensation for any damages suffered as a result of this incident.
Contact a lawyer. If you were injured in a motorcycle accident due to another driver’s negligence or recklessness, contact a lawyer right away so they can help guide you through this process while protecting your legal rights. An experienced attorney can review your case and assist with filing claims against those responsible.
I can help you navigate the aftermath of your accident and fight on your behalf to get the compensation you deserve.
How to Prove Negligence After a Motorcycle Accident
In legal terms, negligence occurs when someone fails to use reasonable care, and that failure causes harm or damage to another person or their property. To prove negligence after a motorcycle accident, you must show that the other driver was at least partly responsible for causing the crash by failing to act with reasonable care.
You must also demonstrate that this breach of duty resulted in damages such as physical injuries or property damage. For example, if another driver ran a red light and collided with you while on your motorcycle, they would likely be found negligent because they failed to exercise reasonable care when operating their vehicle.
New York follows the pure comparative negligence rule, which states that each party involved in an accident can be assigned varying degrees of liability depending on how much fault each party holds for the incident. Under this rule, an individual may still recover damages even if they are partially at fault for causing an accident unless they are more than 50% responsible for causing the crash.
Filing a Claim if You Were Injured
If you were injured in a motorcycle accident, you might be able to file a personal injury claim against the negligent party. When filing a personal injury claim due to injuries from a motorcycle accident, you need to have evidence of your injuries as well as evidence showing who was at fault for causing the crash. The evidence may include witness statements from people who saw what happened or video surveillance footage captured by nearby cameras or businesses.
It is also essential to speak with an experienced personal injury attorney who can help guide you through filing your claim and ensure that all necessary documents are submitted correctly so that you have the best chance of recovering full compensation for your losses due to the crash.
Filing a Claim for a Loved One
If your loved one has been incapacitated or killed in a motorcycle accident due to another person’s negligence, then you may be able to bring forth a personal injury or wrongful death lawsuit on their behalf.
Wrongful death lawsuits seek compensation for any medical bills incurred prior to death as well as loss of income suffered by survivors due to their loved one’s passing and pain and suffering endured prior to death, such as mental anguish and emotional distress caused by the death. Additionally, punitive damages may also be awarded depending on the nature of the defendant’s conduct.
Motorcycle Accident Attorney Serving New York & Long Island
Determining fault after being involved in a motorcycle accident can feel overwhelming, but understanding your legal rights is key when seeking compensation for losses suffered due to another person’s negligence. Contact the Law Office of Steven R. Smith for legal assistance in your case. As a motorcycle accident attorney serving New York and Long Island, I am dedicated to protecting my client’s best interests. Request a consultation today to talk about your case.