A motorcycle accident can shatter lives in an instant. If you or a loved one has been injured in a collision due to someone else’s carelessness, the emotional, physical, and financial toll can be exhausting. This is when you need an experienced New York motorcycle accident lawyer in your corner, fighting for your legal rights.
The aftermath of a crash often leaves riders feeling uncertain, burdened by medical bills, and unsure where to turn for help. At Hach & Rose, LLP, we are a leading personal injury law firm dedicated to helping injured motorcycle accident victims in New York.
We understand the unique challenges you face and are prepared to fight relentlessly for the compensation you deserve. Over the past 25 years, our firm has secured more than one billion dollars for injured New Yorkers, and we are committed to providing the same steadfast guidance and fierce advocacy for your case.
Contact Hach & Rose Today for a Free Consultation
- Contact Hach & Rose Today for a Free Consultation
- Key Takeaways About New York Motorcycle Accidents
- Why Choose Hach & Rose as Your Motorcycle Accident Attorneys in New York?
- What Unique Challenges Do Motorcycle Accident Victims Face?
- Understanding New York’s Liability Laws
- Types of Motorcycle Accident Injuries and How They Impact Your Claim
- How Much Is My Motorcycle Accident Case Worth?
- What to Do After a New York Motorcycle Accident?
- New York Motorcycle Accident Lawyer FAQs
- Trust Hach & Rose, LLP: Your Champion in the Fight for Justice
- Take The First Step Toward Protecting Your Rights
Key Takeaways About New York Motorcycle Accidents
- New York’s no-fault system does not apply to motorcyclists, meaning your legal rights and options for compensation are fundamentally different from those in a standard car accident.
- You must prove the other party’s negligence to receive compensation for your injuries and damages.
- Bias against motorcyclists is a significant obstacle, as insurance companies and juries may unfairly blame the rider for the accident.
- Motorcycle accident injuries are often catastrophic, leading to extensive medical bills, lost wages, and profound pain and suffering.
The three-year statute of limitations for a personal injury claim begins on the date of the accident, so acting quickly to preserve evidence is essential.
Why Choose Hach & Rose as Your Motorcycle Accident Attorneys in New York?
Navigating the legal process after a motorcycle crash can be incredibly challenging, but having the right legal team by your side makes all the difference. Motorcycle owner needs to know that at Hach & Rose, LLP, we prioritize protecting your rights and securing the compensation you need to move forward.
With our decades of experience and deep commitment to our clients, we have become a trusted name for injured victims across New York. Here’s what makes our personal injury law firm uniquely qualified to handle your case:
- We know New York law. Motorcycle collision cases are fundamentally different from car accidents because they are not governed by the state’s no-fault system. Our attorneys understand the complexities of New York’s tort laws and how to build a case that proves negligence to help you recover full and fair compensation. We guide you through the obstacles of these laws to ensure your rights are protected.
- We listen to your concerns. You deserve an ally who truly hears you. Whether it’s the burden of mounting medical bills, the pain of a spinal cord injury, or the stress of navigating a legal claim, we’re here to address your challenges with genuine care and relentless persistence.
- We’re results-driven and compassionate. Our firm’s attorneys have recovered over a billion dollars in settlements and verdicts, showcasing our ability to deliver life-changing results. From meticulously investigating the cause of an accident to preparing your case for court, we work to secure a result that fully reflects the pain, loss, and financial damages you have endured.
- We are ready and able to take your claim to trial. Insurance adjusters often undervalue motorcycle accident claims due to the bias against riders. We prepare every case as if it will go to trial, which shows the at-fault party’s insurer that we are serious about getting you the justice you deserve.
What Unique Challenges Do Motorcycle Accident Victims Face?
Motorcycle accidents present distinct legal and personal challenges that set them apart from other types of vehicle collisions. Understanding these hurdles is the first step toward building a successful case.
- No-Fault Exemption: Unlike drivers and passengers in cars, motorcyclists are exempt from New York’s no-fault law. This means you cannot receive Personal Injury Protection (PIP) benefits for your medical expenses and lost wages from your own insurer. Instead, you must pursue a claim directly against the at-fault driver’s insurance to recover your losses. This puts the burden of proof on you to demonstrate negligence.
- Unfair Bias: One of the biggest obstacles motorcycle accident victims face is a pervasive societal bias. Insurance adjusters and even juries may unfairly assume the rider was acting recklessly or speeding, which can prejudice your case. Our attorneys are well-versed in countering these assumptions with irrefutable evidence.
- Catastrophic Injuries: The lack of physical protection for motorcyclists means that even a minor collision can result in catastrophic injuries. Riders often suffer severe road rash, spinal cord injuries, traumatic brain injuries, and multiple fractures, which can lead to permanent disability and extensive long-term care needs.
Complex Negligence: A motorcycle accident may be caused by more than just another driver. Poor roadway conditions, defective motorcycle parts, or even a lack of proper signage can contribute to a crash. Our firm investigates all potential sources of negligence to ensure all liable parties are held accountable.
Understanding New York’s Liability Laws
Because New York’s no-fault law does not apply to motorcyclists, your claim will operate under the state’s tort system. If you’re in a motorcycle accident in New York you must prove that the other party’s negligence caused your injuries. Common examples of negligence include:
- Distracted Driving: A driver texting, eating, or otherwise not paying attention to the road.
- Failure to Yield: A driver failing to see a motorcycle and turning in front of them at an intersection.
- Drunk or Drugged Driving: A driver operating a vehicle under the influence.
- Unsafe Lane Changes: A driver changing lanes without checking their blind spot, leading to a collision with a motorcycle.
It is important to remember that New York follows a comparative negligence rule. This means that if you are found to be partially at fault for the crash, your total compensation award will be reduced by that percentage. Our attorneys work to minimize any perceived levels of fault and build a strong case that focuses on the at-fault party’s negligence.
Also, New York has a three-year statute of limitations for accident injuries. This means you must file your lawsuit within three years from the date of the accident, or you risk losing the right to recover compensation for your losses, regardless of how strong your legal claim is. Investigating and preparing a strong legal case takes time, so reach out today for a free consultation to learn more about your unique situation.
Types of Motorcycle Accident Injuries and How They Impact Your Claim
The severity of a motorcycle accident injury directly impacts the value of a case. We are committed to securing compensation that reflects the true, long-term costs of your injuries.
- Traumatic Brain Injuries (TBIs): Even with a helmet, a rider can suffer a TBI from the force of impact. These injuries can lead to lifelong cognitive, emotional, and physical impairments, often requiring extensive medical care and lost wages.
- Spinal Cord Injuries: The impact of a crash can cause devastating damage to the spinal cord, leading to partial or complete paralysis. These injuries require lifelong care and can cost millions of dollars over a lifetime.
- Road Rash and Lacerations: Though seemingly minor, severe road rash can lead to permanent scarring, infection, and nerve damage, requiring painful skin grafts and plastic surgery.
- Fractures and Broken Bones: The impact of a collision often results in multiple fractures that require extensive surgery and long-term physical therapy, which can limit mobility and cause chronic pain.
- Amputation and Disfigurement: In the most severe cases, motorcycle crashes can lead to the loss of a limb or severe disfigurement, resulting in profound emotional and physical trauma.
- Wrongful Death: Tragically, many motorcycle accidents are fatal. In such cases, families may file a wrongful death claim to recover damages for funeral expenses, medical bills, and the loss of financial support and companionship.
How Much Is My Motorcycle Accident Case Worth?
There is no one-size-fits-all answer to the question of case value, as every case is unique. However, a personal injury lawsuit can seek compensation for both economic and non-economic damages, ensuring that all your losses are accounted for. Compensation for motorcycle accident claims may include medical expenses, lost wages, pain and suffering, and future care costs.
The two main types of legal damages you may request are:
- Economic Damages: These are the financial costs that can be directly calculated.
- Medical expenses related to hospital stays, surgeries, physical therapy, and future long-term care.
- Lost wages from missed work and future lost earning potential if you can no longer perform your job due to serious injuries.
- Property damage for the repair or replacement of your motorcycle.
- Non-Economic Damages: These are intangible losses that significantly impact your life.
- Pain and suffering from the physical pain and emotional distress you have endured.
- Loss of enjoyment of life if your injuries prevent you from engaging in activities you once loved.
- Disfigurement or scarring that causes emotional distress and self-esteem issues.
What to Do After a New York Motorcycle Accident?
The steps you take in the immediate aftermath of a crash and in the days that follow can have a big impact on your case.
- Seek Medical Attention Immediately: Your health is the top priority. Do not delay in seeking a medical evaluation, even if you do not feel immediately hurt. Some serious injuries have a delayed onset.
- Document the Scene: If you are able, take photos of the accident scene, your motorcycle’s damage, any other vehicles involved, and your injuries. Also, request the contact information for any witnesses.
- File an Accident Report: New York law requires you to file a report with the DMV if the accident results in serious injury or property damage over $1,000.
- Do Not Speak with Insurance Adjusters: The other driver’s insurance adjuster may try to contact you soon after the accident. Politely decline to give a statement or sign any documents. Direct all communication to your attorney.
- Contact an Experienced Motorcycle Collision Lawyer: Don’t wait to reach out for legal help. The sooner you understand your legal rights, the better you can help protect your claim and build a solid legal argument for your losses.
- Follow Your Medical Treatment Plan: Follow all of your doctor’s orders and attend all appointments. This not only aids in your recovery but also creates a consistent medical record that supports your claim.
Avoid Social Media: Do not post photos, videos, or comments about the accident or your injuries on social media, as they can be used to undermine your case.
New York Motorcycle Accident Lawyer FAQs
What if I wasn't wearing a helmet during the accident?
In New York, you can still recover compensation even if you were not wearing a helmet. New York’s comparative negligence rule allows the court to consider how much your actions contributed to the severity of your injuries. Our attorneys will work to minimize any perceived levels of fault in an effort to maximize the compensation you can recover.
What if the at-fault driver does not have insurance?
If you are injured by an uninsured or underinsured driver, your uninsured/underinsured motorist coverage may cover your damages. Our lawyers can advise you on your options and ensure you receive these benefits.
What if the at-fault driver doesn't have insurance?
Your uninsured/underinsured motorist coverage may cover your damages. A lawyer can advise whether you might be able to seek additional damages through a personal injury or third-party lawsuit depending on the circumstances of the accident. Hach & Rose, LLP ensures every angle of your case is examined to identify all potential sources of compensation.
Can family members seek compensation for a fatal accident?
Losing a loved one in a motorcycle collision is a devastating experience. While no amount of money can truly make up for the loss, a wrongful death claim can help ease the financial stress by covering funeral expenses, medical bills, and the loss of the deceased’s income and companionship. We approach these cases with compassion and care to ensure families receive the justice and financial relief they need.
Will I have to go to court for my claim?
Not necessarily. Most motorcycle accident cases are resolved through settlements with the at-fault party’s insurance company. However, filing a lawsuit may become necessary if the insurance company refuses to offer a fair settlement. While we are well-versed in negotiating favorable settlements, we are always ready to take a case to court if it serves your best interest.
At Hach & Rose, LLP, we approach these cases with care and compassion, ensuring families receive the justice and financial relief they need during this challenging time.
Trust Hach & Rose, LLP: Your Champion in the Fight for Justice
Motorcycle accident victims in New York face many obstacles. From navigating complex laws to fighting against insurance company bias, these challenges can feel insurmountable without experienced legal representation.
At Hach & Rose, LLP, we stand by accident victims and their families. We’re committed to easing your burden and fighting for the compensation you need to rebuild your life. We work on a contingency fee basis, so you pay nothing up front, and we only get paid if we win.
Contact a New York motorcycle accident lawyer from our award-winning personal injury law firm today for a free and confidential consultation. Call us now at (646) 971-9333 or complete our online contact form. Don’t wait to start protecting your rights and your future.