New York motorcycle accidents often involve multiple parties. New Yorkers aren’t quick to take the blame. After an accident, you’ll often find each party pointing the finger at someone else. This article answers the question, how does the law determine who is at fault in a motorcycle accident in New York?

Determining fault in a motorcycle accident can be complex. It involves knowledge of specific legal standards and an understanding of New York’s no-fault insurance system. The experienced motorcycle accident attorneys at The New York Personal Injury & No-fault Collections Law Firm can explain the factors involved in determining who is at fault in a motorcycle accident in New York. We also answer questions such as, “Is New York a no-fault state for motorcycles?” If you have questions about liability in a specific case, contact our office today for more information.

Perhaps you aren’t sure who is at fault in a motorcycle accident. Motorcycle accident liability in New York is typically viewed through the legal standard of negligence. This means that courts and insurance companies will examine several legal factors to decide who is at fault in a motorcycle accident or how much liability responsible parties bear.

Who is at fault in a motorcycle accident is typically determined through the legal standard of negligence, just like other motor vehicle accident claims. To prove negligence in New York, you must show the following:

In a case where a driver veers from their lane because the driver was texting while driving and hits a motorcyclist under the negligence standard, it would be relatively straightforward to show that the driver was at fault for the accident.

Sometimes more than one party is negligent and all negligent parties contributed to an accident. For example, if in the above example where a driver was texting and driving, a drunk driver was in front of them and the drunk driver stopped short it’s possible that both drivers contributed to the accident and are both partially liable for the motorcyclist’s injuries.

But what happens if the victim plays a role in the accident? Then, New York’s comparative fault rules must be considered, which we describe below.

Who is at fault in a motorcycle accident when the victim is partly responsible?

New York state uses the principle of contributory negligence in cases such as this. For example, if an intoxicated driver veers into the motorcyclist’s lane, but the motorcyclist is speeding. The motorcyclist and the drunk driver may both be responsible for the motorcyclist’s injuries.

Under New York’s contributory negligence law, the motorcyclist can still recover compensation from the intoxicated driver, even if the motorcyclist was partly to blame for the accident or injuries. Under contributory negligence, each party is assigned a percentage of fault. If the victim is assigned a percentage of fault, their compensation will be reduced by that percentage. For example, if a motorcyclist’s damages are $100,000, but they were 50% responsible they would only be able to obtain $50,000. New York, unlike some other states, allows you to recover damages from another responsible party as long as you aren’t 100% at fault for the accident. This means in New York, you could have been 90% responsible, but you can still recover some compensation for your injuries.

Perhaps you’ve heard of no-fault insurance in car accidents. You may wonder, is New York a no-fault state regarding motorcycle accidents? We described New York’s no-fault system and its applicability to motorcycle accidents below.

If you wonder, “is New York a no-fault state,” you must first understand the difference between an at-fault and a no-fault state. In an at-fault state, the driver deemed responsible for an accident must pay the injured parties’ damages.

In a no-fault insurance system, however, each driver must file a claim with their own insurance company for any injuries they sustain in an accident, regardless of who is at fault. Drivers purchase “personal injury protection” along with their car insurance. The idea behind no-fault insurance is that it allows people to get medical coverage and other compensation for their injuries more quickly because no one has to wait for an insurance company to determine fault first and go through the extended and slow moving litigation process for necessary medical treatment to be paid. The ability to bring a lawsuit in a no-fault state is relatively limited.

Is New York a no-fault state? Generally, for passenger vehicles, the answer is yes. Passenger vehicle drivers must have auto insurance that covers at least $50,000 in personal injury protection. If they’re in an accident, the driver and the other passengers in the vehicle must file a claim with the driver’s insurance company if they’re injured in an accident.

However, is New York a no-fault state when it comes to motorcycles? Motorcycles are the exception to New York’s no-fault insurance rules. If you are a motorcyclist injured in an accident, New York’s no-fault rules do not apply. The basic insurance requirements for motorcycles do not cover any costs that a motorcyclist sustains due to an accident, even if someone else was at fault. Motorcyclists generally must purchase supplemental insurance for this type of protection.

If a motorcyclist is injured in an accident, they must pursue the at-fault party or their insurance company for compensation. Depending on the at-fault party’s insurance coverage and the insurance company’s willingness to pay, a motorcyclist may have to bring a personal injury lawsuit to recover damages and avoid paying medical bills through their private medical insurance.

Due to the limitations of no-fault insurance, if you’re a motorcyclist who was injured in an accident, you need an attorney to help you file and fight your claim with the at-fault driver’s insurance company. Insurance companies will try anything to minimize their liability, even if their insured caused the accident. You need a strong lawyer who is willing to push back against an insurance company’s lowball offers. Plus, you may need to file a lawsuit if the insurance company or responsible party doesn’t cover the costs of your injuries. You should not have to navigate the judicial process while recovering from your injuries.

Fortunately, the motorcycle accident lawyers at The New York Personal Injury & No-fault Collections Law Firm are here to help. We’ll aggressively fight for you and explore all legal strategies to help you get fair compensation. Contact us today

Nearly a third of all auto accidents involve rear-end collisions, says the National Highway Safety Transportation Administration. Even though they’re the most common type of accident, not everyone knows what to do following such an accident. The aftermath of any type of vehicle wreck is overwhelming and it can be difficult to know exactly what steps to take. The first thing to do is take a deep breath and try to gather your thoughts. What you do after that can make or break your personal injury case.

Let’s look at a quick outline of the appropriate steps and then talk about each:

Pause a moment as the dust settles and assess yourself. How do you feel? Are there obvious signs of injury? If you are able to do so, once you determine your own injuries, check on any others involved in the accident. If you discover that someone is injured and you are able to offer help, do so with that person’s permission.

Many rear-end collisions happen at low to medium speeds, but this does not mean you might not have injuries that emerge. Some injuries, such as whiplash or a broken collarbone, are not immediately obvious following an accident. Pay close attention to pain and limited mobility.

Once you have rendered assistance to anyone injured, call 911. The operator will ask for specific information, including your name, your location, the number of vehicles involved, and if anyone is hurt. Provide factual information and avoid exaggerations or opinions. Keep in mind that your phone call is being recorded and anything you say can be used against you later.

Take pictures of vehicles, the roadway, and the surrounding area. When taking pictures of vehicle damage, be sure to get close-ups and wide-angle shots. Be sure to take photos of other vehicles involved as well. It’s better to take too many pictures than too few so snap away.

The police will investigate the scene when they arrive. They will ask those involved for their personal and contact information, take their own photos, and may take measurements. Officers will gather any evidence they deem pertinent in order to construct an accurate account of the incident.

Ask the responding officer how to obtain a copy of the police report. You may be given a phone number to call or a precinct to visit. It is your right to receive a copy of the investigator’s report. In most cases, you will not receive a copy immediately as the officer will need time to actually write the report.

Most insurance companies require you to report an accident within a specific time frame. The New York no-fault claims system, for instance, requires you to file a notice of a claim within 30 days.

Take a look at your policy documents to determine how long you have to make the phone call. When you speak with your agent, make sure you only provide factual information. Do not get into a conversation with your agent, no matter how pleasant they are.

You may wish to speak with an experienced Long Island car accident lawyer prior to calling any insurer, even your own. Even when dealing with your own insurance company, know that they are far more interested in their profits than your financial or personal wellbeing. The agent you speak with is trying to find a way to deny a potential claim. Do not admit any type of fault, don’t claim to be uninjured, and don’t answer a question unless you can provide an answer that doesn’t include your opinion.

Truck transport is considered to be one of the cheapest and most suitable ways to deliver goods across the United States, with about 70% of all products reaching their destination via a type of truck. Although, with a plethora of careless drivers of such large trucks, accidents are bound and likely to happen. It is estimated that, by 2030, trucking accidents will become the fifth largest cause of death in the USA.

According to data from the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS), there have been a total of 4,102 casualties in multiple-vehicle crashes involving a truck. This number shows a significant 52% rise from the lowest point back in 2009.

Hence, it is advisable to get more information regarding the most common causes of accidents, the stats resulting from them, and the best ways to improve upon them for a safer driving environment overall.

There is a common misconception that the majority of trucking accidents are caused by drug and alcohol abuse. According to information provided by the Large Truck Crash Causation Study conducted by the Federal Motor Carrier Safety Administration, (“FMCSA”) fatigue, new trucking routes and mechanical defects are the most common causes of truck crashes.

When evaluating the specific types of truck defects that cause accidents, the Large Truck Crash Causation Study found that issues with tires, wheels, and brakes seem to be the most common cause of accidents. Also, recent developments to the electronic systems in commercial trucks have resulted in dangerous mishaps such as defective steering wheels.

Furthermore, the weight of commercial trucks heightens the danger posed to passenger vehicles on the roadways. Commercial trucks weigh significantly more than passenger vehicles, especially when their cargo containers are at maximum capacity. Consequently, the weight of a commercial trucking vehicle often surpasses 40 tons, as opposed to your regular passenger vehicle that normally weighs about 2.5 tons. Consequently, commercial trucks take much longer to come to a full stop when compared to passenger vehicles.

Fatigue is a crucial factor to consider when determining the cause of trucking accidents. Truck drivers are under remarkable pressure to travel long distances in a short span of time. The number of miles to be driven often requires several days on the road at a time with drivers getting too few hours of sleep and even less quality sleep. As a result, drivers lose concentration and coordination and are slower to react to road situations, not to mention the dangerous possibility of actually falling asleep while driving.

There are laws and regulations for how many hours a trucker can drive in one shift, how much sleep is required, and when rest breaks must be taken. However, many companies don’t follow these rules and driver fatigue remains a big problem.

Further, aggressive driving has also been emphasized as a frequent cause, although it has had a direct effect in no more than 5% of the cases. In contrast, consider the fact that only 0.4% of crashes in the study were caused by illegal substance abuse, and 0.3% from alcohol consumption.

According to the Insurance Institute for Highway Safety (“IIHS”) report, 52% of all large truck-related accidents occurred on major roads. Similarly, 32% of trucking accidents occur on interstate highways and freeways, while only 15% of all large truck vehicle accidents occurred on minor roads.

According to the Insurance Institute for Highway Safety, most truck accidents occur between noon and three in the afternoon. In 2014, up to 17% of all crashes during the day would take place between noon and three in the afternoon, with 622 fatalities. In 2017, up to 19% of all accidents occurred during the same time of the day with fatalities increasing to 759. This shows the consistency of large truck wrecks during that time of day over several years.

If you’ve been injured because of a collision with a commercial vehicle, chances are your accident was serious. In crashes involving semi-trucks, generally, the driver of the automobile is the one who is injured, and often the injuries are fatal.

The size disparity between commercial trucks when compared to passenger vehicles is significant. As a result, the injuries that result from accidents that occur between trucks and passenger vehicles are typically severe.

After you’re involved in an accident, take the following steps:

Finally, reach out to The New York Personal Injury & No-fault Collections Law Firm for assistance as soon as you are able. We will guide you through every step of the process. The laws concerning trucking accidents may be complicated, but we can help.

Schedule a free, confidential, no-obligation case review when you call 833-866-2529 (833-TONA-LAW) or contact us online.

After getting into a truck accident, one of the most important things to know is that there is only a limited amount of time to pursue legal action to recover damages based on your injuries. While it is always better to pursue legal action sooner rather than later in order to preserve evidence and make sure that when parties are asked questions that everything is fresh in their minds, New York Civil Practice Law & Rules § 214 dictates that generally, the statute of limitations for filing a lawsuit following a truck accident is three years after the date of the accident.

In New York, every car and truck is required to have No-Fault Coverage or Personal Injury Protection, sometimes referred to as “PIP,” for regular medical expenses after a car or truck accident of at least $50,000.00, which is going to follow the vehicle that you are occupying at the time of the accident. For these benefits, you have just thirty days to file an application for No-Fault benefits with the relevant insurance company. It is very important that after a truck accident when you get your medical care, the No-Fault application is filed timely for you to get the proper care that you need. PIP coverage may not cover all of your medical expenses if you are seriously injured in a car accident.

When recovering damages from another party, however, as stated above, the lawsuit must be filed within three years of the truck accident occurring; the deadline to file a claim will never be extended under any circumstances, but it can be shortened. If the truck that struck you is owned by a government or municipality, in that instance, the deadline changes significantly, requiring what is called a Notice of Claim to be sent to the relevant government or municipality within ninety (90) days of the accident, and subsequently a lawsuit to be filed within one year and ninety days of the accident. Hiring a lawyer as soon as you can after getting into a truck accident is essential to being able to recover the damages sustained in the accident.

The statute of limitations is intended to make sure all parties are fairly able to be represented in court. New York has stated that after three years in a truck accident, there is no more need to defend an action for injuries caused based on the merits of the case, and instead, the court will likely dismiss the action as untimely.

Some may feel that it is more beneficial to just pursue a lawsuit on their own and keep the entire amount recovered; however, an experienced trial attorney can help you recover more or can even be the difference between recovering for injuries sustained in a trucking accident and not recovering any amount for yourself. This is because an insurance company is not going to want to pay every claim against them. There are several tactics that insurance companies take to avoid liability in the accident and several phases of the litigation process that an attorney can help you through. A lawsuit takes a huge amount of time and skill. Often in New York, after a trucking accident case is filed, it will not even be ready to go to an actual trial until at least a year has passed. During that time, the attorneys will work tirelessly to navigate through all phases of a lawsuit, from pleadings to discovery to motions and the trial itself. A litigation attorney needs to know the ins and outs of the litigation process and have experience litigating in every relevant court, as even in the same city, certain courts can operate in different ways. A person who pursues a case in Manhattan will have to go through a somewhat different process than one who may pursue the same case in Brooklyn. An experienced attorney that regularly appears in court will make sure you are in the right court and will know the process in that court.

It is highly recommended that if you need to pursue a trucking accident case, you retain an experienced litigation attorney.

Before even getting to the point of having papers filed in court, the preparation and filing of a lawsuit takes time and resources. Often, a plaintiff’s attorney helping someone pursue a truck accident lawsuit will have to ascertain the proper parties to file the lawsuit against, specify the time and place of the accident in a complaint, and review medical records to ensure that you have suffered what is legally defined as a “serious injury” under New York law. Therefore, if you have been in a truck accident and require the assistance of a lawyer, seeking out the right attorney for you as early as possible is essential for you to maintain your legal claim against the truck that caused your injuries.

The right attorneys for you in a trucking accident case are those who have experience dealing with big trucking companies and the defenses which will be asserted in any trucking accident case.

You want an experienced team of attorneys on your side to help you recover the entire amount you are entitled to and avoid the proverbial minefield of defenses an insurance company will set forth to attempt to avoid paying for injuries sustained. Furthermore, with the various rules and complexities of litigation, you want an experienced team of attorneys who regularly go to court.

The team of attorneys at The New York Personal Injury & No-fault Collections Law Firm has the experience needed to aggressively pursue your claims and get you the maximum recovery after a trucking accident occurs. The attorneys at The New York Personal Injury & No-fault Collections Law Firm are experienced litigators who are dedicated to their clientele and regularly appear in courts all over the New York Metropolitan and Long Island areas. They have years of experience litigating cases and know the ins and outs of the litigation process. For a free consultation, call 1-833-TONALAW or contact us online.

To recover compensation for your injuries after a truck accident, you must first determine the defendant was negligent. To prove negligence, the plaintiff must establish that the other party owed them a duty of care, they breached that duty and due to their breach, you were injured. Furthermore, the injury suffered must be directly attributable to the negligent action taken by the defendant. Common examples of negligent driving include distracted driving, speeding, road rage, and fatigue.

Due to the dangerous size and nature that trucks pose, their drivers are held to a higher standard of care. Thus, truck drivers are subject to numerous regulations to ensure they operate safely on the roadways. According to the Federal Motor Carrier Safety Administration (FMCSA) Title 49 §390.15, trucking companies must cooperate with these investigations. Such regulations include drug and alcohol testing as well as how many hours they are permitted to work.

After a truck accident, your insurance company will conduct its own investigation. The purpose of this investigation is to determine who was at fault for the accident. However, truck accident victims are at a disadvantage when compared to the insurance provider and truck company. The owner of the truck and their insurance provider will immediately begin investigating after an accident occurred while those injured often are forced to deal with their injuries before they begin collecting evidence. Therefore, it is important for you to conduct your own investigation with the help of an experienced attorney, as these investigations often become complicated when multiple parties are involved in the accident.

The first and most crucial step in any investigation is to collect evidence surrounding the accident. Evidence includes the police reports, statements from the drivers, pictures of the damage to the vehicle, and pictures of the scene. However, an experienced attorney will not rely solely on the police report for information. Police reports are not created to establish a party’s civil liability. Thus, it is essential that you gather your own information regarding the events. In addition, your attorney will examine factors surrounding the accident such as the weather and traffic patterns.

If you were involved in an accident with a commercial truck, it is vital to collect documentation of the truck driver’s personnel file and logbook. Also, your attorney will request the defendant’s driving record. This way your attorney can establish whether the truck driver has a pattern of reckless driving.

Whenever possible, it is very beneficial to collect the names and contact information of any witnesses who observed the accident. Witnesses can provide unbiased testimony of the events surrounding the accident and help confirm your recollection of events. However, it is important to speak with witnesses when the events are fresh in their memory.

If you were involved in an accident with a commercial truck, your attorney will want to obtain the truck’s data recorder. The data recorder, also known as the black box, will contain data surrounding the accident. Furthermore, your attorney will assess whether the truck was properly inspected in compliance with federal regulations. If not, this could lend credence to the argument that the accident was caused as a result of a mechanical failure or defective part.

In certain cases, your attorney may consult with an expert. There are several different types of experts your attorney may consult depending on the circumstances surrounding your claim. For example, an attorney may call a medical expert to testify that the injuries sustained are a direct result of the accident.

At The New York Personal Injury & No-fault Collections Law Firm, we understand the pain and difficulties our clients go through after they have been injured. Whether your injury is the result of another’s negligence or a workplace injury, we can help you recover medical costs, lost income, and most importantly, peace of mind.

With over twenty years of experience, our office is familiar with the deceitful tactics insurance companies utilize so they can pay you less than you deserve. However, at The New York Personal Injury & No-fault Collections Law Firm, our clients know their attorney is working tirelessly to get them the settlement they deserve.

For these reasons, you need a New York personal injury attorney who will ensure you receive compensation for your injuries. For legal services ranging from personal injury and no-fault collections to business litigation, call The New York Personal Injury & No-fault Collections Law Firm toll-free today at 1(833) TONALAW or text 1 (631) 780-5355.

Each and every day, millions of people rely on passenger trains to get commute to and from their destinations. We often believe trains to be a safe form of travel. While trains are safer on average than passenger vehicles, accidents can still happen. Accidents such as derailments, collisions with cars or other trains, and trains hitting pedestrians can become deadly. Unlike passenger vehicle accidents, train accidents can affect many people all at once. Damages from accidents involving trains can be catastrophic.

New York is home to numerous train systems, including the New Jersey Transit, Amtrak, Long Island Railroad, Metro-North, PATH (Port Authority Trans-Hudson), and the New Jersey Rail and Port Authority. According to the Federal Railroad Administration, there were a total of 8,363 train accidents reported in 2021. Of the over eight thousand accidents reported, there were 822 fatalities. Thankfully, train accidents do not occur as often as other forms of transportation. However, when they do occur, they result in severe injuries and even fatalities.

When a train accident occurs, a careful investigation must take place in order to determine who is liable for the accident. The railroad company may not be liable under all circumstances. Our attorneys at The New York Personal Injury & No-fault Collections Law Firm have experience representing train accident victims. Whether you are a passenger or railroad worker, we want to help you get the compensation you deserve after your injury. Our train accident lawyers will investigate the cause of your accident. Call us today at 800-TONALAW for a free consultation of your case.

The most common cause of train accidents is negligence. In New York, railroad workers owe their passengers a duty of care as a common carrier. A common carrier is an individual who is responsible for providing public transportation services. Railroad conductors, diesel mechanics, and signal operators are among a few of the many railroad employees responsible for ensuring the safety of passengers as common carriers.

As a common carrier, railroad workers have a duty to conduct their work in the same manner as a reasonable prudent railroad worker under similar circumstances. When a railroad worker’s conduct falls below this standard of care, they have breached their duty. If an individual is injured because of the worker’s breach, the railroad may be liable for negligence. If the railroad is found liable for the injury, the passenger may be entitled to compensation for the pain and suffering, lost earnings, and medical bills.

Human error is the second leading cause of train accidents. Inexperienced railroad workers can easily make mistakes. However, fatigue plagues both experienced and inexperienced railway workers. Each year, New Yorkers take over one billion individual train rides. To ensure that passengers can commute with ease, railroad workers must work long hours, often from early in the morning to late in the evening.

To better understand the pressures faced by railroad workers, the United States Department of Transportation examined the effect of fatigue in the United States railroad industry. The study concluded that the risk of an accident caused by human error is elevated from eleven percent to sixty-five percent by exposure to fatigue. Moreover, the amount of sleep and the time of day when sleep occurs account for eighty-five percent to ninety-six percent of fatigue exposure. Work schedules determine the amount and time of day of sleep. As a result, dispatchers and train and engine workers have the highest exposure to fatigue due to their unconventional work schedules.

In addition, stress is a major contributor to railway accidents. When posed with an obstacle, railroad operators face significant pressure to make decisions without time to consider the possible outcomes. This pressure can lead even experienced railway operators to make errors.

Sometimes, the issue is not with a person but the train itself. Mechanical failures are a leading cause of train accidents. Common mechanical failures include faulty communication equipment, damaged railroad tracks, and signal malfunctions. The subway system, operated by the New York City Transit Authority, is responsible for six hundred miles of tracks alone. Many of these tracks are decades old. Also, the sheer magnitude of the railroad system means that hazardous conditions are often overlooked. Unfortunately, train and engine workers charged with maintaining the safety of the railroads are among the most susceptible to fatigue, which in turn, leads to mistakes. For a train operating at full speed, these hidden hazards can cause severe injuries and even fatalities.

In New York State, train accidents are categorized as negligence cases. The statute of limitations allows an injured party three years to file a claim against the negligent party. However, there are exceptions to this rule. Thus, if you are injured in a train accident, it is important to contact an experienced attorney as soon as possible.

Do not hesitate to contact our experienced attorneys at The New York Personal Injury & No-fault Collections Law Firm to schedule a free, confidential case evaluation by calling 833-866-2529 (833-TONALAW). Our team of lawyers is here to help you understand negligence law in New York State and help you receive the compensation you deserve after your injury in a train accident.

After being injured by a private party, you can sue the negligent party for damages. However, what happens if you are injured due to the negligence of the state or a government agency? While it is possible to file a claim against the government, the procedural requirements are different when compared to an action against a private party.

Ordinarily, the state or government agency is protected from liability under the legal concept of sovereign immunity. Sovereign immunity is a legal doctrine that makes it so victims and their families cannot sue the government for negligence unless the government has consented or waived its protection. However, New York State has sovereign immunity protection for those injured in public transportation accidents, so long as the injured party complies with certain requirements.

If an individual is suing the state, the case will be heard in the New York Court of Claims. To begin a case, an individual must file a claim with the Clerk of the Court. After the claim is filed with the Court Clerk, a copy must be served on the Attorney General. If an individual is suing a municipal corporation within the state, the case will be heard in the Supreme Court or in the County Court. However, the municipal court must be served with a notice of your claim before the personal injury lawsuit can be filed. Whether the injured party is suing the state or municipal corporation, the claim must be filed within ninety days. But if the injured party misses the ninety-day filing date, they may ask the court for leave to file a late notice.

A Notice of Claim is a written document that is sworn before a notary public, which informs the government of a victim’s injury or death. Section 50-E of the Consolidated Laws of New York states that a notice of claim must include the following information:

After a Notice of Claim has been filed, the government has thirty days to request a hearing. The victim will typically be required to testify under oath during the hearing. Only at this time may the victim or the victim’s estate may file their suit. However, the suit must be filed within one year and 90 days of the victim’s injury, or within two years of the victim’s death if a wrongful death claim is included in the lawsuit.

Below are some instances that require a Notice of Claim:

Furthermore, every municipal agency in New York requires a Notice of Claim. Municipalities include institutions as large as the City of New York and the many small villages around Long Island. Examples of municipal agencies which require a Notice of Claim include:

At The New York Personal Injury & No-fault Collections Law Firm, we understand the pain and difficulties our clients go through after they have been injured. Whether your injury is the result of another’s negligence or a workplace injury, we can help you recover medical costs, lost income, and most importantly, peace of mind.

With over twenty years of experience, our office is familiar with the deceitful tactics insurance companies utilize so they can pay you less than you deserve. However, at The New York Personal Injury & No-fault Collections Law Firm, our clients know their attorney is working tirelessly to get them the settlement they deserve.

For these reasons, you need a New York personal injury attorney who will ensure you receive compensation for your injuries. For legal services ranging from personal injury and no-fault collections to business litigation, call The New York Personal Injury & No-fault Collections Law Firm toll-free today at 1(833) TONALAW or text 1 (631) 780-5355.

Motorcycle crashes happen and even the safest rider can accidentally cause a motorcycle accident. To limit your exposure to payment of damages in a motorcycle accident, you’ll need motorcycle insurance. There are many types of motorcycle insurance, and they may seem confusing or they may seem to overlap. Below, the attorneys at The New York Personal Injury & No-fault Collections Law Firm describe the different types of motorcycle insurance and what these insurances cover. We will also explain some factors involved in calculating the cost of motorcycle insurance.

Remember, a motorcyclist is exempt from New York’s no-fault insurance coverage. This means that if someone else hit you or caused your accident, as a motorcyclist, you must sue the responsible party for all damages that you’re owed. Lawsuits and compensation claims, however, can be complex. If you are in a motorcycle accident, call our attorneys today to see how we can help.

New York requires all motor vehicles, including motorcycles, to carry the following different types of insurance with these minimum amounts of coverage:

These minimum amounts of required coverage seem like a lot. However, accidents often involve sums far greater than these minimums. Plus, you may be in an accident that results in damages that aren’t covered by these specific types of insurance. Riders often opt for higher coverage amounts or additional types of insurance to feel more protected on the road.

Riders often wonder what type of motorcycle insurance they should carry. There are several different types of motorcycle insurance in New York. Understanding the different types of motorcycle insurance will help you select the most suitable options for your needs.

Liability insurance protects you against claims of injury, property damage, or death by others if you are found to have caused or partially caused an accident. If a third-party claims that you caused their injuries, liability insurance will pay their medical bills and other costs up to your maximum coverage amount.

There are three primary types of liability insurance for motorcyclists:

As discussed above, New York requires a minimum amount of liability insurance coverage for a third party’s personal injury, death, and property damage. It’s important to note that New York’s mandatory liability insurance does not cover your passenger on a motorcycle. This is why many riders opt for additional guest passenger liability insurance.

None of the types of motorcycle insurance discussed above cover damage to your motorcycle if you hit someone or something, only coverage for the other vehicle in an accident. You’ll have to purchase an optional supplement called collision insurance that covers the damage to your motorcycle from a collision. This also includes damage to your bike from other causes, such as if your motorcycle is damaged from grounding your bike or hitting an object.

Collision insurance is not required under New York law. However, if you leased or financed your motorcycle, your lender may require you to have collision insurance.

You may be confused if you see no-fault personal injury protection on your insurance coverage since motorcycles aren’t covered under New York’s no-fault insurance laws. This type of no-fault insurance only covers medical bills and injuries to pedestrians if the motorcyclist causes an accident. It does not cover injuries to you or your passenger.

Since liability insurance generally only covers injuries and damages incurred by other people, you may wonder which motorcycle insurance covers a motorcyclist’s injuries. The optional supplement called medical payments coverage or “med-pay” may help. Med-pay covers out-of-pocket medical expenses if a motorcyclist is injured in an accident. Some forms of med-pay require you to use med-pay in conjunction with your medical insurance.

One of the most misunderstood types of motorcycle insurance is comprehensive coverage. People often believe that it is the same as collision insurance, which is not the case. Comprehensive insurance covers damage to your motorcycle caused by things outside your control, including vandalism, fire, and the weather. It also covers theft. Comprehensive coverage does not, however, cover damage from a collision.

Comprehensive coverage is optional. You may be required to carry it if you’re leasing your motorcycle under your leasing agreement.

Under-insured or uninsured motorist insurance are types of motorcycle insurance that cover your losses if you’re hit by someone without sufficient insurance coverage or with no insurance coverage at all. Despite auto insurance being mandatory in most states, according to the Insurance Information Institute, 12.9% of drivers were uninsured in 2019, which amounts to approximately 1 in 8 drivers. This means that the chances of a motorcyclist getting hit by an uninsured or underinsured driver are relatively high.

After looking at the different insurance options above, you may wonder, how much is motorcycle insurance? Unfortunately, there is no one simple answer to the question of  how much is motorcycle insurance? The cost of motorcycle insurance depends on a variety of factors, including the following:

Other factors can affect the cost of your motorcycle insurance. Nonetheless, sometimes paying a higher premium is worth it so that you can rest assured that you’ll be covered in the event of an accident.

If you’ve been injured in a motorcycle accident, you need an attorney with experience representing people injured in motorcycle accidents. You need someone who isn’t afraid to fight for your right to fair compensation. The motorcycle accident attorneys at The New York Personal Injury & No-fault Collections Law Firm are experienced in motorcycle accident litigation and care deeply about our clients and their needs. Contact us today for a free case evaluation.

Motorcyclists find riding to be enlivening and freeing. However, riding a motorcycle comes with many risks. Whether riding in the city, suburbs, or rural areas, motorcycle accidents are more common than an accident in a four-wheeled passenger-vehicle. Additionally, because riders have less protection from impact than those in passenger vehicles, an injured motorcyclist may have more extensive medical bills, property damage, and other costs associated with an accident.

If you’re a motorcycle rider who is injured in an accident, you may be curious about the damages available to recover in a lawsuit for injured riders. Those injured by someone else’s negligence may be eligible to recover different types of damages from the responsible party. While, a motorcycle accident lawsuit payout or a payout from an insurance company is highly specific to the facts of each case, The New York Personal Injury & No-fault Collections Law Firm has written this article to generally explain the damages available to injured motorcyclists. We also discuss some of the factors affecting the amount of compensation available from a lawsuit or an insurance company claim.

The most important factor involved in determining a motorcycle accident lawsuit payout, or a motorcycle accident insurance payout, is liability. Liability is the legal determination of who is at fault in an accident.

Liability determinations are typically based on the legal standard of negligence. This means that the injured motorcyclist must prove that the person they believe caused the accident was legally negligent. This is typically another driver on the road. To establish negligence, one must prove the following four elements:

Generally, if even one of these elements is not proved, there is no way for a motorcyclist to recover under the negligence standard.

Under New York law, if the motorcyclist is partly responsible for the accident, this affects the potential compensation. New York uses comparative negligence to assess how much a party can recover if they’re partially responsible for an accident. This means that the motorcyclist would be assigned a percentage of fault. Then, a court or insurance company would reduce their compensation based on that percentage of fault.

For example, if a motorcyclist is 30% at fault for their accident and injuries, and a car driver is 70% at fault and the motorcyclist’s damages were calculated at $100,000, then the motorcyclist will only be able to recover $70,000 because their recovery would be reduced by 30%. As you can see, your level of fault will affect your motorcycle accident lawsuit payout or motorcycle accident insurance payout.

The types of compensation available in each motorcycle case vary based on the specific facts of each case. Generally, injured motorcyclists are eligible to seek economic and non-economic damages.

Economic damages are the costs arising from the accident that are relatively straightforward and easy to calculate. They include things such as:

Unlike economic damages, non-economic damages are more difficult to quantify. Non-economic damages are related to the injured party’s intangible losses from the accident. Intangible damages include compensation for things like pain and suffering and emotional distress. Compensation for non-economic damages depends on the individual case. You should discuss your potential motorcycle accident lawsuit payout with an experienced motorcycle accident attorney such as the attorneys at The New York Personal Injury & No-fault Collections Law Firm.

Many people wonder about the “average” motorcycle accident insurance payout or the average motorcycle accident lawsuit payout. However, the factors that go into determining a payout for a motorcycle accident are so case-specific that an average payout is not meaningful for any specific person. Should you talk to an attorney who offers you information about an average payout for a motorcycle accident, the attorneys at TonaLaw would suggest you seek information from another source for the reasons described below.

Not all motorcycle accident insurance payouts are published or publicly available. Some motorcycle accident settlements are confidential. This means that the parties involved in the case cannot publicly disclose their settlement amounts. Although many websites state a “motorcycle accident insurance payout average,” these figures cannot take into account confidential or unpublished motorcycle accident settlements.

Each motorcycle accident is unique. This means that each motorcycle accident settlement depends on the case’s specific facts. Multiple factors affect the potential compensation available in a motorcycle accident claim, and these factors are different in every case.

For example, the severity of a rider’s injuries from their accident will affect their potential compensation. If a motorcyclist experiences a severe injury, like a broken back or paralysis, they’ll likely have extensive medical bills. They’ll also likely miss a significant amount of work while they recover from the injury. Perhaps they also have significant emotional trauma due to the accident and the extent of their injuries and must see a therapist. This motorcyclist’s medical bills, lost wages, and emotional distress damages would likely be greater than that of a motorcyclist with a light road rash and a broken finger. Additionally, if one of these motorcyclists were partly at fault, their compensation and payout would diminish. Thus, compensation and potential payout amounts vary greatly based on the case’s specific facts.

Anyone curious about the potential motorcycle accident lawsuit payout or motorcycle accident insurance payout should speak with an experienced personal injury attorney in their area. A personal injury attorney who has handled motorcycle accident cases will know how to quantify and calculate the potential compensation in your case.

Whether you file a timely claim or lawsuit will impact your ability to get any compensation in a motorcycle accident claim. Every legal claim has a deadline by which you must file a lawsuit. If you don’t file your claim within the proper period, you cannot recover any compensation.

In New York, you have three years from the date of the accident to file a case in court. You may have even less time to file an insurance claim. You should involve an experienced personal injury attorney in your case as soon as possible so that they can do all of the work necessary before you’re up against a critical deadline.

If you’re on Long Island and have been injured in a motorcycle accident, you need an attorney who knows the nuances of New York liability and insurance law when it comes to these accidents. You need an expert attorney who will fight toe-to-toe with large corporations or insurance companies to ensure you get fair compensation. You need the client-centered representation offered by The New York Personal Injury & No-fault Collections Law Firm. At The New York Personal Injury & No-fault Collections Law Firm, we keep our clients’ needs central to our strategy and representation. Contact us today to see the The New York Personal Injury & No-fault Collections Law Firm difference.

Motorcycle accidents, particularly those involving cars T-boning motorcycles, can be devastating and complex legal matters. New York’s vibrant streets and busy roadways can pose significant risks to motorcyclists. If you or a loved one have been involved in such an accident, it’s essential to understand the legal steps to take in the aftermath.

Safety should always be your first concern. After a T-bone accident, make sure to check your immediate surroundings for any dangers, and if possible, move to a safe location. If you are injured, or if anyone else involved in the accident is hurt, call 911 immediately. Prompt medical attention is critical, even if you believe your injuries are minor. Some injuries, such as concussions or internal trauma, may not be immediately apparent.

After ensuring safety, document the accident scene. Use your smartphone or a camera to take photographs of the following:

These photographs can serve as valuable evidence later in your case.

Exchange contact, insurance, and registration information with the other driver(s) involved in the accident. Collect the names, addresses, phone numbers, and insurance details of all parties. It’s crucial to communicate politely and calmly to avoid potential disputes.

If there are witnesses to the accident, ask for their contact information and obtain their statements. Their observations and accounts can be invaluable when establishing fault and liability. Make sure to obtain their names, phone numbers, and email addresses for future reference.

In New York, you should always report any motor vehicle accident that results in injury, death, or property damage exceeding $1,000. Contact the local police to file a report. The police report will include important details about the accident, including statements from the involved parties and witnesses.

Even if you initially declined medical attention, it’s essential to visit a healthcare professional as soon as possible. Some injuries may not manifest symptoms immediately but can have long-lasting consequences. A medical evaluation can also provide a formal record of your injuries and their relation to the accident, which can be crucial when seeking compensation.

Promptly inform your insurance company about the accident. It’s important to do this even if you were not at fault. Your insurance policy may include personal injury protection (PIP) coverage, which can provide essential medical benefits and other compensation, regardless of who was at fault.

Seeking legal counsel is a wise step after a motorcycle accident, especially when a car has T-boned your motorcycle. An experienced personal injury attorney can help protect your rights and guide you through the complex legal process. Here’s what a skilled attorney can do for you:

New York operates under a no-fault insurance system. This means that, in most cases, your own insurance company is responsible for covering your medical expenses and other losses resulting from the accident, regardless of who was at fault. However, there are exceptions, such as when your injuries meet the state’s “serious injury” threshold. Your attorney can help you navigate these complexities.

Liability is a key factor in any personal injury case. In a T-bone accident involving a motorcycle, liability may not be immediately clear. Various factors, such as traffic violations, right-of-way, and other circumstances, can affect liability. Your attorney will work to establish who was at fault and why, based on the evidence and witness statements.

Your damages may include:

Your attorney will help you determine the full extent of your damages to ensure you receive fair compensation.

Insurance companies may attempt to settle quickly and offer a lower amount than you deserve. Having an attorney on your side can help ensure you receive a fair settlement. Your lawyer will handle negotiations, advise you on whether to accept offers, and protect your interests throughout the process.

If negotiations with the insurance company do not result in a fair settlement, your attorney may advise filing a lawsuit. Lawsuits can be a lengthy process, but they are sometimes necessary to obtain the compensation you deserve. Your attorney will guide you through the legal proceedings, representing your case in court.

In New York, there is a statute of limitations for personal injury lawsuits. You typically have three years from the date of the accident to file a lawsuit. It’s crucial to be aware of this timeline and consult with an attorney well before the deadline to ensure your rights are protected.

Throughout the legal process, maintain open and honest communication with your attorney. Your attorney is your advocate and will work to achieve the best outcome for your case. Provide them with any relevant updates or information, and be available to discuss your case as needed.

Motorcycle accidents, especially those involving T-bone collisions with cars, can have severe consequences. Legal guidance is often necessary to navigate the complexities of personal injury claims. A skilled attorney can help you determine liability, calculate damages, negotiate with insurance companies, and represent your interests in court, if required.

Remember that your rights must be protected, and seeking professional legal counsel can significantly increase your chances of receiving fair compensation for your injuries and losses.

We are equipped with the knowledge and expertise to help you build a strong case tailored to your unique circumstances. We will be your advocates, ensuring your rights are protected and that justice is served. Contact our client-centered practice today.