A Comprehensive Guide to Motorcycle Accidents in New York

Motorcycle accidents can have devastating consequences for those involved, both physically and financially. If you or a loved one has been in a motorcycle accident in New York, it is crucial to understand the legal intricacies to ensure that you receive the compensation you deserve. In this comprehensive guide, we will discuss how fault is determined, who is liable, your options as a victim, how compensation is calculated, and who pays for it. At The Ahearne Law Firm, PLLC, our team of dedicated lawyers is here to assist you with your personal injury matters to ensure that justice is served.

Determining Fault

One of the most crucial steps in a motorcycle accident claim is determining who was at fault. In New York, this is done through a system called comparative negligence. This means that fault is determined on a percentage basis, and even if you were partially at fault, you can still receive compensation. A judge or jury will consider all the evidence, including witness statements, police reports, and physical evidence, to determine the percentages of fault.

Liability

Liability in motorcycle accidents falls on either the driver of the motorcycle, the driver of the other vehicle, or on both parties. If the other driver was entirely responsible, you can file a claim against their insurance. If you were partially at fault, you can file a claim with your own insurance company. However, New York is a no-fault state, which means that your insurance company must cover your medical expenses regardless of who was at fault.

Options

As a victim of a motorcycle accident, you have several options. You can file a claim with insurance, sue the driver responsible or take the case to court. It's important to note that you have a limited amount of time to file a lawsuit; in New York, it's typically three years from the date of the accident. Hiring a personal injury lawyer can help ensure that you meet all the legal deadlines and that your case is handled correctly.

Compensation

Compensation is calculated based on the damages you suffered. This includes medical bills, lost wages, pain and suffering, and property damage. Your personal injury lawyer can help you gather all the necessary evidence to prove your damages and ensure that you receive the compensation you deserve. It's important to note that New York has a cap on damages for pain and suffering, which is currently set at $250,000. However, this can change depending on the case's circumstances.