When operating a vehicle on a public roadway, a driver has a duty to act as a reasonably prudent driver. However, this standard is dependent on the type of roadway they are traveling on as well as the weather conditions. Speeding is defined as driving a vehicle at a rate that exceeds the speed limit. The speed limit is the maximum speed a vehicle is permitted to travel under ideal weather conditions.

It is not surprising that most speed-related accidents take place during inclement weather conditions. However, it is not always because the driver was traveling above the speed limit. A driver can be responsible for a high-speed car accident when they fail to take proper precautions and drive at a safe speed during poor conditions. In New York, a driver can receive a ticket, even if driving the speed limit, if an officer believes the driver was traveling at a speed “not reasonable and prudent” for existing conditions.

The most common reason individuals speed is because they become agitated when sitting in traffic. Many drivers are in a hurry to get to their destination and their frustration can cause some drivers to take part in risky behaviors. Such risky behaviors include switching in and out of lanes and speeding.

In addition, speeding can occur because drivers are not paying attention, this is more likely to occur when the driver is fatigued or distracted. Furthermore, drivers may exceed the speed limit because they have no respect for the law or other drivers. These drivers often engage in risky behavior and do not consider how their actions may be dangerous or affect others on the road. Unfortunately, this risky behavior results in serious injuries and fatalities when an accident takes place.

Behind distracted driving, and driving while impaired, speeding is the third leading cause of driving fatalities. According to the National Highway Traffic Safety Administration, speed was involved in nearly one-third of all traffic fatalities. Aside from being against the law, speeding can have serious consequences on the roadways and when a vehicle is involved in an accident. A vehicle driving at an exorbitant speed has a greater chance of losing control and crashing into another vehicle.

Further, a vehicle traveling at a high speed takes longer to come to a complete stop. As a result, drivers who are speeding are often able to avoid hazardous conditions even if they spot them ahead of time. Further, with each mile above the speed limit a vehicle travels, the force of impact grows greater. The greater the force of the collision, the greater the injuries and the chance that the accident will result in fatalities.

The state of New York uses a no-fault insurance system to compensate all individuals involved in an accident, regardless of fault. The owner of a vehicle is expected to carry their own no-fault policy as well as a liability policy in the event that they cause an accident with excess damages.

No-fault collision insurance provides up to $50,000 for basic economic loss, including medical care for the driver of the insured vehicle. No-fault insurance will cover 80% of income lost while the victim recovers from their injuries, up to $2,000 per month unless more coverage is purchased.

When serious injuries are involved, the treatment costs and lost wages can easily exceed the no-fault benefits that are available. In these cases, the injury victim can pursue the excess damages from the fault party. To recover further damages after an accident, the injured party must file a claim with the at-fault party’s insurance company, stating that the insured was negligent.

To be found liable for negligence, the plaintiff must establish four elements. The plaintiff must establish that the defendant had a legal duty to the plaintiff to use reasonable care. The defendant then breached that duty by failing to act as a reasonable person should. The defendant’s breach of duty caused injury or harm and the victim suffered injury or losses that may be compensated by recovering monetary damages.

After a high-speed accident, the plaintiff may establish that the defendant acted negligently if they were driving above the speed limit or operating at a speed that was unreasonable based on the travel conditions.

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.

After being injured on a school bus, public bus, subway, ferry, or any other form of public transportation, time is of the essence. Injury cases involving public transit agencies have unique considerations the injury victim must be cognizant of in order to seek compensation. Generally, an injured individual typically has just 90 days to report the injury and begin the formal claims process.

Public transit agencies have special immunity for certain types of negligence that private businesses may not. The injured claimant will need to work harder to establish how the hazardous condition emerged and whether the public transit authority had a reasonable amount of time to address the issue.

These types of injury cases are best handled by legal professionals. Contact an MTA and public transit injury lawyer to discuss the details of your case and to learn about the next steps you need to take to pursue your claim.

One of the most important steps when considering litigation is obtaining a clear, conclusive medical examination detailing your injuries. As soon as you are hurt or suspect that you have been hurt, go to a doctor.

After being injured, go to the emergency room for any major injuries and do not delay treatment for moderate, minor, or suspected injuries. For less severe injuries, you may visit an urgent care clinic, your primary care doctor, or another physician’s office.

Getting prompt medical treatment is important for two main reasons:

Regardless of your circumstances, do not delay going to the doctor. You will be unable to pursue a claim without a conclusive medical diagnosis and medical records. You also want to have your visit coincide with the date of your transit accident as closely as possible.

There are many factors that can affect your ability to file a claim against a public transit service provider and succeed.

After being injured, you have a very limited window to take action and seek a claim for damages against the appropriate public agency.  Generally,  you have  90 days to report a potential claim.  However, this depends on the specific circumstances of your case. Waiting to consult a professional regarding your case may lead to missing an important deadline, leaving you with little to no recourse. Therefore, it is necessary to contact a professional if you believe you have a claim.

The biggest question in your claim is: who to file against? A public transit accident could be the fault of the main service provider, but it could also be because of a negligent contractor. If your accident happened on a bus driving on a public road, it is possible that another vehicle driver caused or contributed to it.

Filing a claim against the wrong public entity will result in your case being dismissed. Unfortunately, this may lead the injured party to miss the window to file their claim with the appropriate agency.

To ensure you file your claim against the right entity,  your attorney will conduct legal research and investigate your accident.

When filing a claim or trying to sue a public entity, the standards for proving liability are higher.

For example, let’s say your injury was caused by a broken floorplate leading up to a train platform on the Long Island Rail Road. This is an injury that resulted from a hazardous condition the MTA failed to address. However, the MTA is allowed a reasonable timeframe to address the hazardous condition. To prove the agency’s negligence, you will need to document that the agency had received written notice of the hazard at least 15 days prior to the date of your accident. You may need to show that the MTA failed to act within a reasonable timeframe to correct the hazard.

In cases involving an allegedly negligent driver, you will need to show that the driver’s actions or the agency’s failure to hire and train were to blame. However, each case is unique and must be analyzed on a case-to-case basis.

The rules that make it difficult to file a claim against a public agency are intended to discourage you. But when you are hurt, you have medical bills, lost wages, and other costs to consider. You need a personal injury attorney who has experience dealing with public transit accident cases and who knows what it takes to win them.

Reach out to The New York Personal Injury & No-fault Collections Law Firm for assistance as soon as you notice you are hurt. We will guide you through every step of the process. The laws protecting public agencies may be tough, but we’re tougher.

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

Medical bills, costs, and lost wages accumulate rapidly after a motorcycle accident. Under New York law, the party responsible for the accident must compensate the injured party for their losses. Injured riders may wonder whether there is a limit or cap on the amount of compensation an injured party can recover in a motorcycle accident case. Fortunately, New York has no cap on motorcycle accident compensation, allowing injured parties to recover compensation for the full extent of their losses and injuries.

Below, the experienced personal injury attorneys at The New York Personal Injury & No-fault Collections Law Firm discuss motorcycle accident compensation claims and the damages available to a New York motorcycle accident victim. We’ll also discuss a common question from our motorcycle accident clients, specifically, how much is a good settlement for a motorcycle accident? Motorcycle accident cases are unique and, thus settlement amounts can vary significantly, making the answer more complicated than you may think. An experienced personal injury attorney can estimate your compensation and help you decide on a fair settlement amount in your case.

Many states impose caps or limits on the amount of compensation or damages an injury victim can recover in a case after an accident. Sometimes, the state law will limit your ability to collect emotional distress or pain and suffering damages. Other states may limit your ability to collect punitive damages, or damages intended to punish reckless or malicious behavior.

New York, however, is unique in that the laws do not limit or cap the compensation and damages an injury victim can recover. Since motorcyclists are not included in New York’s no-fault auto insurance system, they can sue the at-fault party for every penny of their damages from an accident.

The only real limit to compensation in a motorcycle accident case in New York is whether a victim can prove their case, where a motorcycle accident victim must prove that the other party is liable and that their damages were caused by the accident.

The law in New York attempts to compensate injured victims for the harm they’ve sustained due to another person’s negligent, reckless, or careless behavior with damages awards. Injured motorcyclists are entitled to seek several types of damages against the party who caused the accident. Each injured person’s damages and compensation will differ because each motorcycle accident case and the injured person is unique and may suffer different injuries and damages. Below are common types of motorcycle accident damages.

Economic damages constitute compensation for your calculable losses due to an accident or injury. Some examples of the economic damages you may be able to recover in a motorcycle accident compensation claim include the following:

Economic damages are relatively easy to estimate because they typically have a relatively precise dollar amount attached. However, after a motorcycle accident, you may be eligible for some types of economic damages of which you’re not aware. Speak with an attorney to accurately assess your economic damages.

Non-economic damages are less straightforward than economic damages. Non-economic damages compensate injury victims for harms they incurred that impact the quality of their lives. Motorcycle accident compensation for non-economic damages may include:

Non-economic damages are case-specific. They’re calculated based on your specific emotional and mental experiences. Additionally, your attorney typically uses case law and other methods to calculate these losses because they are difficult to calculate based on pure common knowledge.

While some states limit or cap the amount of non-economic damages available to an injury victim, New York law does not cap these damages. Thus, the injury victim can recover the entirety of their non-economic damages in New York.

Punitive damages are different from economic and non-economic damages because they do not compensate an injury victim for their losses. Instead, punitive damages punish the responsible party for particularly bad behavior. Unlike in other states, New York has no cap on punitive damages. However, it is significantly more difficult to prove punitive damages than other types of damages. Talk to an attorney regarding your specific claim to see if you may be able to recover punitive damages.

Injured motorcyclists often wonder, how much is a good settlement for a motorcycle accident? Each person’s case is unique, and the damages to which they may be entitled will vary. For example, a person with a significant injury will have higher medical expenses and more lost wages than someone with a relatively minor injury. Injured victims with the exact same injuries may also have different experiences with emotional distress and mental trauma.

Rather than asking how much is a good settlement for a motorcycle accident, you should ask what a good settlement would be in your case. The best way to estimate your potential damages and a reasonable settlement is to speak with an experienced Long Island personal injury lawyer. A knowledgeable personal injury attorney will ask you questions, gather evidence, and calculate your optimal potential settlement amount.

Another reason people ask how much is a good settlement for a motorcycle accident is that the insurance company has made them a settlement offer. Insurance companies often pressure people into taking the first settlement offer, claiming that the injured person will not be able to get anything else. You should not take a settlement offer by an insurance company without speaking with a personal injury attorney first. The insurance company may undervalue your damages, and a personal injury attorney can fight for your best settlement.

There is no legal limit to the amount of damages you can recover in a New York motorcycle accident claim. This means that your compensation can include all your real and provable damages from your accident. To get a clear understanding of your potential compensation, contact one of our expert personal injury attorneys at The New York Personal Injury & No-fault Collections Law Firm today. It’s especially important to speak with us before accepting any settlement offers from an insurance company.

Our experienced motorcycle accident attorneys have extensive experience investigating, negotiating, and litigating motorcycle accident compensation cases. We fight for your full and fair compensation so you’re not left footing the bill for an accident that was not your fault. Contact us today for a free consultation.

As a motorcyclist in New York, it’s crucial to understand the laws and regulations that govern your riding experience. One topic that has raised questions and concerns among motorcycle riders is the legality of lane splitting. Lane splitting, the practice of a motorcyclist riding between lanes of slow-moving or stopped traffic, is a controversial issue in many states. In New York, the current legal stance on lane splitting is clear: it is illegal.

Unlike some other states, New York has taken a clear and unequivocal position on lane splitting. The state’s vehicle and traffic law specifically prohibits motorcycles from engaging in the practice of lane splitting. According to section 1252 of the New York Vehicle and Traffic Law, motorcyclists are explicitly forbidden from passing in the same lane occupied by the vehicle they are overtaking. This essentially outlaws the act of lane splitting in the state.

To fully understand the implications of New York’s stance on lane splitting, it’s essential to delve into the legal framework and how the law is interpreted. New York, like other states, operates under the “general rule of law” principle, which means that any action not explicitly permitted by law is considered illegal. In the case of lane splitting, since there are specific laws prohibiting it, riders are expected to comply with these regulations.

Moreover, New York’s vehicle and traffic law does not distinguish between motorcycles and other vehicles when it comes to lane splitting. In other words, motorcycles are subject to the same traffic laws as all other vehicles. This principle underscores the illegality of lane splitting in New York.

Engaging in lane splitting in New York can have serious consequences. Violating the state’s lane-splitting laws can result in fines, points on your driving record, and even the suspension or revocation of your motorcycle license. The exact penalties may vary depending on the circumstances of the offense and the discretion of the court, but it is important to be aware of the potential legal consequences of engaging in this illegal practice.

For example, if you are caught lane splitting in New York, you could be subject to a fine of up to $150. Additionally, up to two points may be added to your driving record for a lane-splitting violation. Accumulating too many points on your driving record can lead to further penalties, such as mandatory driver improvement programs, increased insurance rates, and even the suspension of your motorcycle license.

The reasons behind New York’s prohibition of lane splitting are deeply rooted in safety concerns. Lane splitting can be a hazardous practice, both for motorcyclists and other road users. The practice of weaving between lanes of slow-moving or stopped traffic can lead to accidents and collisions, endangering the lives of riders and drivers alike.

Some of the primary safety concerns associated with lane splitting include:

1. Reduced Visibility: Lane splitting can place motorcyclists in blind spots, making them less visible to other vehicles on the road. This increases the risk of collisions.

2. Abrupt Lane Changes: In heavy traffic, drivers often make sudden lane changes without checking for nearby motorcycles. Lane splitting can expose riders to the danger of vehicles changing lanes unexpectedly.

3. Door Opening: In urban areas, parked cars may open their doors into the path of a splitting motorcyclist, causing potentially severe accidents.

4. Limited Escape Routes: In the event of an emergency or the sudden need to stop, lane-splitting motorcyclists may have limited escape routes and less room to maneuver.

5. Sudden Stops: Sudden stops by vehicles in the lanes being split can pose significant risks to motorcyclists.

It is these safety concerns, among others, that display the reasoning behind New York’s decision to make lane splitting illegal. The state’s primary concern is to protect the safety of all road users.

For motorcycle enthusiasts in New York, it’s important to recognize that the law is clear when it comes to lane splitting. To avoid the legal consequences and, more importantly, ensure your safety on the road, here are some steps you can take:

1. Know the Law: Familiarize yourself with New York’s vehicle and traffic laws, especially those that pertain to motorcycles. Understanding the law is the first step in compliance and not knowing the law is not a defense if you break the law.

2. Practice Defensive Riding: Always practice defensive riding techniques, which include staying alert, maintaining a safe following distance, and being prepared for unexpected movements by other road users.

3. Lane Positioning: Choose a lane position that maximizes your visibility to other vehicles and gives you the best escape route in case of emergencies.

4. Safety Gear: Wear appropriate safety gear, including a DOT-approved helmet, gloves, and protective clothing. This can significantly reduce the severity of injuries in the event of an accident.

5. Rider Education: Consider taking advanced rider education courses to improve your skills and safety on the road.

6. Avoid Rush Hours: Try to avoid riding during peak traffic hours when congestion is more likely. Plan your routes to minimize the time spent in traffic.

7. Advocacy: If you believe that lane splitting should be legalized in New York, consider joining or supporting motorcycle advocacy groups that are working to change the legislation. While the law is currently against lane splitting, legislative changes can occur over time.

In New York, lane splitting is unambiguously illegal. The state’s vehicle and traffic law prohibits motorcycles from passing in the same lane as the vehicle they are overtaking, completely outlawing the practice of lane splitting. Violating these laws can result in fines, points on your driving record, and other penalties.

The primary motivation behind New York’s prohibition of lane splitting is safety. Lane splitting poses significant risks to motorcyclists and other road users due to reduced visibility, abrupt lane changes, the danger of opened car doors, limited escape routes, and the potential for sudden stops. New York’s priority is to ensure the safety of all road users, which is why the state has taken a firm stance against lane splitting.

For motorcyclists in New York, the best course of action is to stay informed about the law, practice defensive riding, and prioritize safety on the road. By adhering to these principles, you can help ensure your safety and compliance with the law.

At The New York Personal Injury & No-fault Collections Law Firm, we are equipped with the knowledge and expertise to help you build a strong case tailored to your unique circumstances. Consulting with an experienced personal injury attorney can help you navigate the complexities of your case and work toward a fair resolution, whether through negotiation or litigation. Road safety is a shared responsibility, and by understanding the common types of motorcycle accidents, we can all contribute to safer roadways for everyone. We will be your advocates, ensuring your rights are protected and that justice is served. Contact our client-centered practice today.

If you were injured in an accident while riding a motorcycle without a helmet, you might still be able to file a lawsuit to recover compensation for your damages. Time is of the essence in filing a claim, so do not hesitate to contact the experienced attorneys at The New York Personal Injury & No-fault Collections Law Firm for a free consultation.

New York’s highways, parkways, and expressways can be incredibly dangerous for motorcyclists. This is particularly evident considering the lack of protection from impact motorcyclists face when compared to other motor vehicles. In fact, motorcyclists have been found to be almost five times more likely to be killed in an accident compared to an individual in a car. Whenever a motorcyclist is involved in an accident, there is a high probability that they could be knocked to the ground while moving, thereby exacerbating an injury. In an attempt to persuade bikers to wear helmets for their safety, New York State is one of nineteen states which mandate that motorcyclists wear a helmet while riding.

Specifically, New York Vehicle and Traffic Law Section 381(6) requires motorcyclists to wear “a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards.”

Moreover, Section 381(7) states that motorcyclists must also wear a face shield or goggles while on a motorcycle. These requirements are in place for both drivers and passengers on motorcycles. It can be nearly impossible to independently verify that a helmet meets all the necessary federal regulations; instead, ensure your safety and legal compliance by purchasing a helmet that has a Department of Transportation certification.

It is also necessary to point out that novelty helmets that are not certified by the Department of Transportation do not meet the necessary requirements. Moreover, motorcyclists who wore novelty helmets were roughly twice as likely to be killed in an accident compared to bikers who wore helmets with the appropriate certification.

New York requires helmet usage due to their effectiveness in preventing traumatic brain injuries in the case of an accident. The New York State Department of Health has found that head injuries are the leading cause of death in motorcycle crashes. Furthermore, according to the National Highway Traffic Safety Administration, motorcycle helmets at sixty-seven (67%) effective at preventing serious brain injuries, and twenty-nine (29%) effective at preventing otherwise fatal head injuries.

New York State follows a legal doctrine known as comparative negligence in determining damages in personal injury claims. Under comparative negligence, the court will attempt to decide the amount of fault, determined as a percentage, that can be attributed to each person who was in the accident. This fault can apply to either responsibility in causing the accident or in exacerbating the injuries endured by the parties. New York implemented this rule because most accidents are not the sole result of a single person, aside from incidents that are clearly caused by one party’s mistake such as rear-end accidents.

If you were involved in a motorcycle accident in Long Island without wearing a helmet, comparative negligence might come into play if your injuries could have been avoided or mitigated by wearing the helmet. For example, if you sustained a traumatic brain injury that might have been avoided had a helmet been worn, then there is a possibility that you might recover fewer damages based upon your failure to wear the helmet. This comparative negligence analysis only factors into fault for the plaintiff’s damages, not for the overall liability for causing the accident. This is because the accident would not have been avoided had a helmet been worn by the biker.

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 involved in a car or other personal injury accident, from medical costs, injuries, lost income and so much more.

We also understand how cunning insurance companies can be when trying to settle for less than the actual damages, not to mention the unorthodox tactics they use to try and derail court cases.

For this reason, you need a New York personal injury attorney who understands your pain and the justice process to ensure you get a deserved settlement. 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 accidents involving vehicles that are turning left are all too common, often resulting in devastating consequences for the motorcyclist. These accidents typically occur when a motorist fails to yield the right-of-way to an oncoming motorcycle, making a left turn directly into the path of the motorcyclist. If you or a loved one have been involved in such an accident, you may be entitled to compensation for your injuries, medical bills, and other damages. The following are key steps to winning a motorcycle accident case caused by a left-turning vehicle:

The most crucial step after any accident is to seek immediate medical attention. Even if you don’t believe your injuries are severe, it is essential to be thoroughly examined by a healthcare professional. Not only is this essential for your well-being, but it also creates a record of your injuries and their severity, which can be crucial evidence in your case.

If you are physically able, try to document the accident scene. Take photographs of the vehicles, their positions, the road conditions, and any skid marks. Also, gather information from witnesses and the other driver, including names, contact information, and insurance details. The more evidence you can collect at the scene, the stronger your case will be.

Contact the police to report the accident. A police report is an official document that will detail the circumstances of the accident, the parties involved, and any citations issued. This report can be a valuable piece of evidence when building your case.

In addition to photographs and the police report, make sure to preserve other evidence, such as your damaged motorcycle and any torn or bloody clothing. These items can serve as critical pieces of physical evidence that demonstrate the severity of the accident.

Avoid admitting fault at the scene of the accident, as any statements you make can be used against you later. Stick to the facts when speaking to law enforcement and other parties involved. It’s best to consult with your attorney before providing a statement to any responsible insurance company.

After seeking medical attention and preserving evidence, your next step is to consult with an experienced personal injury attorney who specializes in motorcycle accidents. An attorney can provide you with valuable guidance and help you navigate the complex legal process ahead.

In cases involving left-turning vehicles, liability is often clear. In most jurisdictions, the vehicle making the left turn is presumed to be at fault, as they have a duty to yield to oncoming traffic. However, insurance companies may still attempt to dispute liability, so it’s important to have a strong legal team to advocate on your behalf.

Your attorney will help you collect statements from witnesses who saw the accident occur. These statements can corroborate your version of events and strengthen your case. Eyewitness accounts are often compelling evidence in court.

Depending on the complexity of your case, it may be necessary to obtain expert opinions, such as accident reconstruction experts or medical professionals, to provide insight into the cause of the accident and the extent of your injuries. Expert testimony can be instrumental in establishing liability and demonstrating the impact of the accident on your life.

Your attorney will thoroughly review your medical records to understand the extent of your injuries and their long-term effects. This information is essential for accurately calculating your damages, including medical bills, future medical expenses, and pain and suffering.

Motorcycle accidents often result in significant financial and non-economic losses. Your attorney will work with you to calculate the damages you may be entitled to, including:

Your attorney will handle negotiations with the at-fault driver’s insurance company. It’s important to let your lawyer handle these communications to ensure that you are not taken advantage of or pressured into accepting an inadequate settlement.

If negotiations with the insurance company do not result in a fair settlement, your attorney may recommend filing a lawsuit. The process of filing a lawsuit involves drafting a complaint, serving it on the defendant, and entering the formal legal process of discovery and court proceedings.

While many personal injury cases are settled before going to trial, it’s crucial to be prepared for the possibility of litigation. Your attorney will build a strong case and present it in court, using the evidence, witness statements, and expert testimony collected.

Throughout the legal process, stay informed and involved in your case. Your attorney should keep you updated on developments, and you should be prepared to provide any necessary information and cooperate fully.

Winning a motorcycle accident case caused by a left-turning vehicle can be challenging, but with the right steps and guidance, you can achieve a fair and just outcome. Remember, seeking immediate medical attention, preserving evidence, consulting with an experienced attorney, and building a strong case are key elements in your pursuit of compensation for your injuries and losses.

While the steps outlined in this article provide a general overview of the process, each case is unique and may have its own complexities. Therefore, it’s crucial to consult with a qualified personal injury attorney who can assess the specific details of your case and provide the legal representation you need. By taking these steps and working with a dedicated legal team, you can increase your chances of a successful outcome and fair compensation for your motorcycle accident caused by a left-turning vehicle.

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.

Injuries from motorcycle accidents can range from minor scrapes and burns to severe and debilitating injuries. Many motorcycle accident injuries can significantly impact your day-to-day life. If you’ve been in a motorcycle accident, you may wonder about the average motorcycle accident recovery time.

Your motorcycle accident recovery time depends on several factors, including the severity of your injuries, your individualized treatment plan, and whether you need surgery. Below, the attorneys at The New York Personal Injury & No-fault Collections Law Firm explain the factors affecting motorcycle accident recovery time, the most severe motorcycle accident injuries, issues affecting recovery (specifically after a head injury in a motorcycle accident) and what you can do if you’ve sustained injuries in a motorcycle accident.

The time it takes to heal from a motorcycle accident depends on numerous factors. Below, we’ll describe some of these factors and how they may impact your motorcycle accident recovery time.

The severity of your injuries after a motorcycle accident significantly impacts your recovery time. For example, minor injuries, like scrapes or bruises, will take less time to heal than a skull fracture or a spinal injury. Additionally, there are some particularly severe motorcycle accident injuries from which you may never fully recover.

Some of the most severe motorcycle injuries include:

Severe injuries like these may require weeks or months in the hospital, surgery, rehabilitation, and medication. Sometimes, a person may never regain their full capacity after some of these injuries. Permanent damage from a motorcycle accident is an unfortunate possibility.

Sometimes directly after a motorcycle accident, a victim’s injuries are so severe that they’re rushed to the hospital and undergo immediate emergency surgery. Other times, a person may only discover the extent of their injury and need for surgery sometime after the accident. Surgery may be in your best interest. However, it can impact your recovery time.

Surgery can sometimes help you heal faster. If you have, for example, a shattered arm bone, not getting surgery may mean you will never be able to fully regain use of that limb. Surgery is certainly advisable and the best treatment method depending on your condition and the possibility of surgery should be discussed with your treating doctor.

However, surgery has the potential to slow your recovery time. Every surgery comes with certain risks. Some potential risks of surgery include:

If you experience any adverse effects from surgery, your injury recovery will be significantly delayed. Before your surgery, discuss the risks of the surgery with your physician to determine if the surgery is the right course of action for you.

No one likes to admit it, but age affects recovery time from injuries, including motorcycle accident injuries. Aging has been shown to slow down wound recovery time. Even among athletes, recovery time increases once a person reaches the age of 45. This means that the older you are when you’re in an accident, the longer it will take for you to recover.

Another issue that affects motorcycle accident recovery time is any pre-accident conditions. For example, if you had a back injury before your accident, it may become worse and take longer to heal after the accident. Or, perhaps you have osteoporosis which will cause a longer healing time for a broken bone sustained in an accident.

Certain medications you may use due to a pre-existing condition may also affect your ability to heal. These include:

You should speak with your doctor about whether you are on any medications that may impact your motorcycle accident recovery time.

Like any injury, the length of your recovery after a motorcycle accident head injury varies. Head injuries can range from relatively minor concussions to traumatic brain injuries. The more severe your head injury, the longer it will take to heal. Motorcycle accident head injuries may include:

Each of these can range from relatively minor and easily treatable to severe. Some may be classified as traumatic brain injuries. Traumatic brain injuries may affect your ability to think, speak, walk, and move. Recovery after a motorcycle accident head injury that is traumatic could take the rest of your life. Unfortunately, some traumatic brain injuries are incurable and can only be managed with rehabilitation and treatment plans.

Recovery after a motorcycle accident head injury, or another type of injury, can be significant. If someone else’s carelessness or recklessness caused your accident, you may be eligible to seek compensation to help you while you recover. Compensation may include:

No person should have to suffer financially if another person harms them. Speak with a personal injury attorney at The New York Personal Injury & No-fault Collections Law Firm today to see if you may be eligible for compensation for your motorcycle accident.

Victims of motorcycle accident injuries in Long Island have zealous and competent advocates they can turn to for help obtaining the compensation they need to recover. The personal injury attorneys at The New York Personal Injury & No-fault Collections Law Firm bring a wealth of New York legal knowledge and a client-centered strategy to every case. Our highly experienced Long Island personal injury attorneys are compassionate with clients and aggressive with insurance companies. We will keep your needs central to the legal battle to ensure you get the fair compensation you deserve. Contact us online today or call 833-TONALAW.

Those injured in motorcycle accidents often hear the term negligence thrown around. The legal standard of negligence most likely impacts your motorcycle accident claim and right to compensation. But just what does negligence in a motorcycle accident mean, and how do you prove it?

Below, the attorneys at The New York Personal Injury & No-fault Collections Law Firm explain negligence and how to prove it in a motorcycle accident claim. Additionally, we discuss some scenarios under which a rider may be partly at fault for their injuries and how the law addresses these issues.

Most motor vehicle accidents, including motorcycle accidents, use the legal standard of negligence to prove liability in a case. Negligence generally means that a person acted carelessly or without the reasonable care of an average person in the same circumstances, and, as a result, someone is harmed.

For example, if we assume a rider is weaving in and out of traffic. Weaving in and out of traffic is not something a reasonably safe rider would do. If they cause an accident or injury, you could argue that he is driving his motorcycle negligently.

A person could be negligent through inaction or omission. This means that they fail to act where a reasonable person would act because there is a possibility of harm if they don’t act. For example, a rider may be considered to be driving his motorcycle negligently if he fails to signal when turning or fails to stop fully at a stop light. These are both examples of negligence through omission.

You generally need to prove four elements for a negligence claim. The elements of negligence are as follows:

You must prove all four elements to have a successful negligence claim.

These elements may appear straightforward. However, negligence laws can be very detailed and nuanced, specifically in car and motorcycle accident cases. Plus, it can be difficult to prove some of these elements. An experienced personal injury attorney can best advise you on how to prove negligence in your case.

Often, more than one party is responsible for a motorcycle accident. Sometimes, the motorcyclist is riding his motorcycle negligently while a car driver is also driving negligently. What happens under the law when these two collide?

Under New York law, a person who is partly at fault for an injury can still obtain some amount of compensation and damages. However, the compensation is reduced based on the percentage of fault. For example, if the motorcyclist is 20% at fault, they can still recover 80% of their damages from the car driver. In fact, in New York, if the motorcyclist is 99% at fault, they can still recover 1% of their damages from the car driver.

You should speak with a personal injury attorney if you think you’re partly at fault for an accident. Sometimes people think they’re at fault when they’re not legally responsible and settle for far less than they deserve because of this mistaken belief. Don’t make the same mistake. Consult with a lawyer today.

Accidents can have multiple causes, including a rider, driver, or some other cause. Thus, it’s difficult to give an exact number to the question: what percent of motorcycle accidents are the rider’s fault? However, if a rider engages in certain activities, they are more likely to be considered at least partly at fault for an accident or injury.

One way to determine what percent of motorcycle accidents are the rider’s fault is to examine the statistics for riding while intoxicated. According to the National Highway Traffic Safety Administration, 28% of motorcycle riders involved in fatal accidents in 2021 were riding under the influence. Riding under the influence of drugs or alcohol is against the law and inherently risky. Thus, when a rider is under the influence of drugs or alcohol and causes a crash, there’s a strong argument that they’re riding their motorcycle negligently and at least partly at fault for an accident.

When asking what percent of motorcycle accidents are the rider’s fault, you may not understand how helmet use is involved. Not wearing a helmet can open a rider up to risks that they don’t necessarily experience while wearing a helmet. For example, if you’re riding without a helmet and a bug flies into your face, this may cause you to swerve or crash.

If you’re bringing a motorcycle injury claim, the responsible party could also argue that if you were wearing your helmet, you’d have fewer injuries. According to the Centers for Disease Control and Prevention, helmets are 37% effective in preventing motorcycle accident deaths for riders and reduce the chance of head injuries by 69%. Thus, it’s possible that someone could claim that an injured rider with a head injury is partly at fault for the extent of their injuries, particularly if they have a head injury. A judge may reduce their compensation under these circumstances.

There are many other rider-related causes of accidents. Some common rider-caused accidents include accidents involving:

The potential causes of a motorcycle accident are too large to include all of them here. And while this may not eliminate your eligibility to collect compensation, it will likely reduce it. Plus, the other people involved in the accident may be able to come after you for their damages too.

Understanding negligence and how it impacts your potential compensation claim takes much research and knowledge of the legal system. If you’re in Long Island, the attorneys at The New York Personal Injury & No-fault Collections Law Firm can help you with your claim. Our attorneys have extensive experience investigating and proving negligence claims, even where the motorcyclist may be partly at fault for an accident. Don’t settle for less than what you deserve. Contact us today.

Regardless of the vehicles involved, accidents on the road can change someone’s life forever. Not only do you face medical bills and property damage costs, but you may also face physical or mental trauma that can take years to overcome. Despite some similar costs and damages the type of vehicle you’re operating during an accident may affect your personal injury claim. Although there are many similarities, there are some differences you should be aware of when comparing motorcycle accidents vs. car accidents.

The differences between motorcycle accidents vs. car accidents in New York can be significant depending on the circumstances of your case. Below, The New York Personal Injury & No-fault Collections Law Firm describes the similarities and differences between these two types of accidents. One of the most significant differences involves a car insurance claim versus a motorcycle insurance claim in New York. If you’ve been injured in an accident, you should speak with one of our experienced personal injury attorneys today for advice on your potential compensation.

Motorcycle and car accident claims share many common features, which we discuss below. Primarily, the common features deal with when an injured party brings a lawsuit in court. However in some situations a person involved in a car accident may be unable to file a lawsuit because of New York’s car no-fault insurance laws.

Most accidents don’t happen because of someone purposefully trying to harm others on the road but from someone’s careless or thoughtless act. This is defined as negligence. Legal claims for motorcycle accidents vs. car accidents in New York generally use the legal negligence standard to prove liability and be eligible for compensation.

Negligence requires the injured party to prove the following elements:

Regardless of whether the injured person was on a motorcycle or in a car, they must prove these elements to succeed in a personal injury lawsuit.

Another similarity between motorcycle accidents vs. car accidents is how a court or insurance company allocates fault between the individuals involved in the claim, including the injured party. New York law uses the principle of contributory negligence. Essentially, if the injured party is partly to blame for the accident or their injury, a court will assign them a percentage of fault. Then, the court will reduce their compensation based on that percentage. For example, if an injured party’s damages amount to $100,000 and the injured party is determined to be were 40% at fault, the injured party could only recover $60,000, or 60 % of the claim’s damages.

Unlike some states, in New York, a person can recover compensation even if they are found to be mostly at fault. This means that even if the party was 99% to blame for the accident, they could still recover 1% from the other at-fault party.

The types of damages available to injured parties filing lawsuits are the same whether you’re in a motorcycle accident vs. a car accident. Generally, injured parties are eligible for compensatory damages, which consist of economic and non-economic damages.

Economic damages are fixed costs that are relatively easy to calculate. These include:

Non-economic damages are more subjective and depend on how the specific injured person was affected by the accident. They include things like emotional distress and pain and suffering damages. Generally, to prove these damages, a claimant will need to hire an expert to discuss the damages.

Additionally, if the at-fault party acted particularly horribly, an injured person may seek punitive damages. The injured party must prove that the at-fault driver acted maliciously or particularly recklessly to recover punitive damages. In any motor vehicle accident case, punitive damages are rare to recover.

There are many differences between motorcycle accidents vs. car accidents. Many of these differences result in completely different procedures for those injured to collect compensation for their injuries. One of the most significant differences is a car insurance claim vs. motorcycle insurance claim.

Car insurance claims and motorcycle insurance claims work significantly differently in New York. New York has a no-fault insurance law for car accidents. This generally means that every driver involved in an accident files their claims for medical damages they have sustained with their own insurance companies. The insurance company is then supposed to pay out claims quickly, regardless of who is at fault. Passengers and pedestrians injured in a car accident will file claims with the driver’s insurance. In general, no-fault insurance claims in New York follow the car, unlike some other states where the claim follows the patient or the driver.

Generally, if you’re injured in a car accident in a no-fault state, your ability to file a lawsuit is relatively limited. For the most part, you can only file a lawsuit if:

The idea behind no-fault is that people don’t have to wait for a finding of fault to be able to get compensation for their damages and injuries in a car accident.

However, you cannot file a motorcycle insurance claim under the no-fault system. Motorcycles are specifically excluded from New York no-fault insurance. This means that if a motorcyclist is injured by a car, they will have to file a claim against the driver’s insurance and prove fault before obtaining compensation. Otherwise, they’ll have to sue the driver for their losses and damages.

Some motorcyclists purchase supplemental insurance and then file a motorcycle insurance claim if they’re injured. However, these supplements are expensive and not included in the basic required motorcycle insurance requirements in New York.

Another significant difference between motorcycle accidents vs. car accidents is the rate of injuries and fatalities. Motorcycle accidents result in a disproportionate number of deaths. Although motorcycles comprise only 3% of all registered vehicles in the United States, they account for 14% of all traffic fatalities. Plus according to data collected by the United States Department of Transportation in 2020, motorcyclists were 28% more likely to die in a crash than car occupants per mile traveled.

Sadly, this means that a motorcycle accident claim is far more likely to involve a wrongful death lawsuit than a car accident claim. In a wrongful death lawsuit in New York, the deceased person’s representative files a lawsuit on behalf of the deceased and their remaining family members. Wrongful death cases are complex and include the need to correctly identify the deceased’s proper legal representative. You should speak with an experienced attorney if you’re considering a wrongful death claim.

Whether you or a loved one has been in a car or motorcycle accident, you need a solid team to stand up to insurance companies and fight for compensation for your injuries. The New York Personal Injury & No-fault Collections Law Firm team has extensive experience fighting insurance companies and other responsible parties to ensure our clients get the maximum compensation they deserve. Call us today to see the difference our law firm makes.

Motorcycle accidents can be tragically devastating, often resulting in severe injuries or, in the worst cases, wrongful death. If you’ve lost a loved one in a motorcycle accident or are seeking information on whether you can sue for wrongful death in such a claim, you’ve come to the right place. Let’s discuss the possibility of pursuing a wrongful death claim in the context of a motorcycle accident and delve into the factors that influence survival chances in these accidents.

Losing a loved one in a motorcycle accident is a heartbreaking and overwhelming experience. The legal system recognizes that the family of the deceased may suffer not only emotionally but also financially due to the loss. As a result, wrongful death claims are designed to provide a legal avenue for seeking compensation for these losses.

A wrongful death claim in a motorcycle accident can be pursued if the accident resulted from the negligence or wrongful conduct of another party. Common scenarios leading to motorcycle accidents that may give rise to wrongful death claims include:

In a wrongful death claim, the family members of the deceased may seek compensation for various losses, including:

It is crucial to consult with an experienced personal injury attorney to assess the circumstances of the accident and determine the viability of a wrongful death claim. An attorney can guide you through the legal process, explain your rights, and help you pursue compensation for your losses.

The severity of motorcycle accidents often raises concerns about the survival chances of riders. While it is impossible to provide a single survival rate for all motorcycle accidents due to the wide range of factors involved, we can consider the significant elements that influence the outcome of motorcycle accidents.

1. Protective Gear

Wearing appropriate protective gear significantly increases the chances of survival in a motorcycle accident. A DOT-approved helmet, riding jacket, gloves, and sturdy footwear can provide crucial protection. Helmets, in particular, have been shown to reduce the risk of severe head injuries and fatalities.

2. Rider Skill and Experience

Rider skill and experience play a substantial role in accident avoidance and mitigation. Experienced motorcyclists are often more adept at anticipating and reacting to potential hazards on the road.

3. Speed and Road Conditions

Speed is a critical factor in the severity of motorcycle accidents. Higher speeds reduce reaction time and increase the risk of fatalities. The condition of the road, such as wet or icy surfaces, can also significantly impact the risk of an accident.

4. Other Drivers

The behavior of other drivers on the road is a crucial factor in motorcycle accident survival. Many accidents involve collisions with passenger vehicles, and the actions of those drivers can determine the outcome. Distracted, intoxicated, or reckless drivers pose a more significant threat to motorcyclists.

5. Protective Barriers and Gear

The presence of protective barriers, such as guardrails or barriers between lanes, can influence the outcome of an accident. The use of appropriate gear, including armored clothing and motorcycle-specific gloves, can provide added protection.

6. Emergency Medical Response

The time it takes for emergency medical personnel to arrive and provide care can have a substantial impact on the chances of survival. Quick access to medical treatment and skilled responders can make a significant difference in outcomes.

7. Use of Alcohol and Drugs

Riding under the influence of alcohol or drugs impairs a motorcyclist’s ability to react to changing road conditions and increases the likelihood of accidents.

8. Helmet Laws

The presence and enforcement of helmet laws can influence the survival chances of riders. States with mandatory helmet laws often have lower fatality rates in motorcycle accidents.

Losing a loved one in a motorcycle accident is a devastating experience, and pursuing a wrongful death claim may be a way to seek compensation for your losses. Wrongful death claims can be pursued when the accident resulted from the negligence or wrongful conduct of another party, including negligent drivers, dangerous road conditions, or defective motorcycle parts.

As for assessing survival chances in motorcycle accidents, several factors come into play, including protective gear, rider skill, speed, road conditions, the behavior of other drivers, protective barriers, and emergency medical response. While it’s impossible to provide a single survival rate due to the diversity of circumstances, riders can significantly improve their survival chances through responsible riding, appropriate gear, and adherence to safety regulations. Ultimately, safety is paramount, and taking precautions while riding can help mitigate the risks associated with motorcycle accidents.

Call The New York Personal Injury & No-fault Collections Law Firm if you have lost a loved one in a motorcycle accident. Consult with a personal injury attorney to explore your legal options and pursue the compensation you are entitled to. We are equipped with the knowledge and expertise to help you build a strong case tailored to your unique circumstances. Consulting with an experienced personal injury attorney can help you navigate the complexities of your case and work toward a fair resolution, whether through negotiation or litigation. Road safety is a shared responsibility, and by understanding the common types of motorcycle accidents, we can all contribute to safer roadways for everyone. We will be your advocates, ensuring your rights are protected and that justice is served. Contact our client-centered practice today.