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New York Motorcycle Accident Lawyer

At Jeffrey Weiskopf, P.C., we understand how motorcycle accidents can be devastating to the victim and their families. Motorcyclists and their passengers are among the most vulnerable individuals in traffic, and when an accident does occur, it often leads to serious injuries or loss of life.

If you or a loved one has been in a motorcycle accident, you should know your rights under New York State law and exactly what you need to do to ensure that you get justice and monetary compensation. Our legal professionals are here to walk you through the legal process.

We provide a free consultation and case evaluation to all motorcycle accident victims, so do not hesitate to contact us by calling 914-350-5175.

Understanding Motorcycle Accident Laws in New York

Motorcycle accidents in New York are governed by specific laws that set them apart from the general laws pertaining to car accidents. One major example is that while New York is a no-fault state for car accidents, this rule does not extend to motorcycle accidents. This means that motorcyclists must seek compensation directly from an at-fault party’s insurance company or through litigation. These key differences are critical in handling a motorcycle accident claim since they drastically alter the way that the case is handled. There are strict helmet and insurance requirements for motorcyclists in New York as well, which could impact liability in an accident.

What makes motorcycle accidents different from others is that, in most cases, they involve delving deeper into the facts and circumstances surrounding the accident. Fault or determining fault is a main component of these cases. The driver’s negligence and the negligence of other responsible parties must be proved with gathered evidence. We have years of experience representing motorcycle accident victims in their pursuit of justice and compensation, and we are dedicated to fighting for the protection of your rights under New York law.

Relevant New York Statutes Relating to Motorcycle Accidents

The motorcycle laws in the state of New York encompass a vast number of rules and regulations that affect riders and drivers alike. Among the different laws in place are the mandatory helmet and insurance laws, as well as other safety standards on the roads. In regard to legal actions, a motorcycle accident injury lawsuit in New York should be filed within three years from the date of the motorcycle accident. On wrongful death claims, however, the statute of limitations is two years from the date of death.

You should be aware of the following deadlines if you are to file a lawsuit. Failing to do so within such time may result in the statute of limitations preventing you from having any form of compensation awarded to you. We will ensure that your case is filed in a timely manner and all the necessary legal requirements are met.

Burden of Proof in Motorcycle Accident Cases

In a motorcycle accident claim, the injured party—the plaintiff—has the burden of proof to demonstrate that the negligence of the other party is what caused the accident. In other words, it means that a person at fault owed them a duty of care, breached that duty and the breach caused an accident, leading to injuries. This normally requires proof of negligence—evidenced through police reports, eyewitness accounts, reconstruction data on the accident, and expert testimony.

Proof can become quite a heavy burden if the other party denies liability or if the cause of the accident is not clear. That makes it important to have experienced legal representation on your side. With our vast experience in handling motorcycle accident cases, we shall work diligently to build a strong case for you. We know what’s at stake, and we’re committed to ensuring that you receive the economic compensation your case deserves.

Types of Motorcycle Accidents and Injuries

They can happen in many ways, and the conditions differ for each accident type. Common types of motorcycle accidents include collisions with other vehicles, single-bike accidents due to road hazards, and lane-splitting accidents. Whichever the reason may be, the nature of the injuries sustained in motorcycle accidents is typically severe because a motorcycle inherently provides no protection to the rider at the moment of impact.

The most common kinds of injuries sustained in motorcycle accidents are traumatic brain injury, spinal cord injury, fractures, and severe road rash. The nature of such injuries can be long-lasting, usually entailing prolonged treatment, extended rehabilitation time, and long-term care. What is perhaps even more on the minds of a motorcycle accident victim and his or her family is the emotional toll from having to endure not only physical recovery but also the financial burden resulting from lost wages, medical bills, and pain and suffering. We believe in fighting for victims of motorcycle accidents to recover compensation for all these losses.

Process of a Motorcycle Accident Lawsuit in New York

The New York motorcycle accident lawsuit process begins with an initial consultation. It is the time to discuss all the facts about your case, gather information, and provide an honest review of legal options. This includes describing the subsequent process and answering all the questions you may have.

After accepting your case, our lawyers will conduct an aggressive investigation, including collecting all possible evidence: police accident reports, medical records, and witness statements. We sometimes also work with reconstruction and medical experts to help build up the case on your behalf. Once this investigation is complete, a lawsuit will then be filed in the appropriate court on your behalf.

Some of these pre-trial procedures include mediation, negotiation, and discovery. During that time, we would coordinate with the legal team of the other party to look into the possibilities of settlement. If settlement is not possible, then the case can go to trial, where we present evidence and argue your case before a judge or jury.

Motorcycle Accident Wrongful Death Lawsuits in New York

Surviving members of the family can file a wrongful death lawsuit following a motorcycle accident that results in your loved one’s death. Additionally, only certain individuals are allowed to make a claim for wrongful death in New York, such as spouses, children, and parents of the deceased or the representatives of their estate. If children are involved, the claims might also be on behalf of injured children or due to the wrongful death of one of the parents.

Wrongful death cases are the most emotionally charged because families litigate for the loss of a loved one. Such a case will need a sensitive approach, tender care, and a great understanding of New York’s wrongful death statutes. Our help is here to see you through this challenging time and to make sure your family is well protected.

Types of Compensation in Motorcycle Accident Cases

The victims may be entitled to different types of compensation depending on the nature of injuries that are suffered and the circumstances of the accident. Common examples of economic damages include direct medical bills, lost wages, and other associated monetary losses. Such damages are awarded in an attempt to compensate the victim for the out-of-pocket expenses they will incur as a result of their accident.

Other non-economic damages may be awarded for pain and suffering, emotional distress, loss of enjoyment of life, or death of a loved one. Some might also be eligible for further compensation due to loss of companionship and financial support in wrongful death cases.

In addition, punitive damages may be awarded in cases of gross negligence in order to punish the guilty party and prevent such actions from happening again in the future. We work to ensure you have been granted the maximum compensation under New York law.

Why You Need a Lawyer for Your Motorcycle Accident Case

Most motorcycle accidents give rise to very complex legal issues that call for a deep understanding of the subject matter by your attorney. Whether you are a victim of serious injuries from a motorcycle accident or have lost your loved one, our firm is here to help you through the process. We work tirelessly to protect your valuable legal rights and obtain the financial compensation your case deserves.

Proper legal representation can make all of the difference in your case’s outcome. In your case, we will deal with each and every aspect of the claim: from investigating the accident to negotiating with insurance companies, to arguing for you inside a courtroom. We want to take your burden onto ourselves so that you may get well and heal.

Why hire Jeffrey Weiskopf, P.C.?

Jeffrey Weiskopf, P.C. has advocated for New York motorcycle accident victims for years. Jeffrey Weiskopf is an accomplished trial attorney and negotiator whose commitment to his clients has been shown through his countless ability to procure some of the best possible results. At our firm, we go out of our way to personalize legal representation for each client—on a personal, compassionate level—to help you feel supported and informed throughout the process.

If you are a victim of any motorcycle accident, call us today to receive your free consultation and case evaluation. You have absolutely nothing to lose by calling us. Now, let us help you make that first move toward attaining justice and compensation. Contact us today for your free consultation.

At Jeffrey Weiskopf, P.C., we are here for you every step of the way. Located in a convenient location at 30 State St, Suite 2B, Ossining, NY 10562, our office is fully equipped to handle your case. Contact us today to receive your free consultation by calling 914-350-5175.

Frequently Asked Questions

Motorcycle accident victims in New York may be eligible for financial compensation, including economic, non-economic, and punitive damages.

Victims may be able to recover damages for medical bills, lost wages, pain and suffering, and other losses. They may also be able to seek punitive damages if the other party’s negligence caused the accident.

In New York, the statute of limitations for filing a motorcycle accident claim is usually three years. Exceptions may apply.

Negligent driving, poor road conditions, and defective motorcycle parts are some of the most common causes of motorcycle accidents in New York.

A motorcycle accident lawyer can provide the legal expertise to help you win your case by gathering evidence, negotiating with insurance companies, and representing you in court.

They can help you understand the legal process and ensure that your rights are protected. They can also advise how to present your case best and maximize your chances of success.

Seek medical attention immediately, document the scene, and report the accident to the police and your insurance company after a motorcycle accident in New York.

It is essential to take the necessary steps to ensure that you are safe and that the accident is properly documented. Contact the police and your insurance company as soon as possible. This will help ensure that you receive the best possible service.

Jeffrey Weiskopf, P.C.

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