Motorcycles are a lot of fun to ride, but they can also be dangerous. In a single year in Suffolk County, 444 motorcyclists were involved in traffic accidents. Of those people, 193 visited the emergency room for their injuries and 122 people were hospitalized.
Riding a motorcycle can be especially risky when other drivers on the road are careless. In an accident, motorcyclists often suffer severe injuries – including broken bones and traumatic brain injury (TBI). An experienced Melville motorcycle accident attorney will fight to get you fair compensation for your losses, including property damage, medical expenses, pain and suffering, and more.
At Odierno Injury and Accident Lawyers, we are fierce advocates for accident victims. Our legal team works hard to help our clients get the money that they deserve for their injuries – and we never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Melville Long Island personal injury lawyer, reach out today.
Common Causes of Motorcycle Accidents
Like other types of motor vehicle accidents, motorcycle crashes are often caused by carelessness or inattention. Some of the most common causes of motorcycle wrecks in Melville include:
- Drivers making left turns without looking to make sure the road is clear
- Lane splitting, a practice that is illegal in New York
- Speeding
- Driving under the influence of alcohol and/or drugs
- Distracted driving
- Changing lanes without looking
These accidents are often a direct result of a driver failing to watch for motorcycles.
Motorcyclists often suffer catastrophic injuries in crashes due to the lack of protection. These injuries may include:
- Brain injuries
- Broken bones
- Internal organ damage
- Spinal cord injuries
- Cuts and contusions from road rash
- Death
If you have been hurt in a motorcycle crash, you may be able to file a personal injury claim against the at-fault party. Our team of experienced Melville personal injury attorneys will work with you to help you get the compensation that you deserve for your losses.
When Can You File a Lawsuit for a Motorcycle Crash?
If your motorcycle accident was caused by someone else, then you might be able to file a lawsuit against them and their insurance company. These claims are usually based on a theory of negligence, or carelessness. In some cases, the crash happened because of intentional or reckless behavior (such as drunk driving).
To prove that another driver acted negligently, you will need to show four things:
- Duty: the at-fault driver (defendant) owed you (plaintiff) a duty to use reasonable care.
- Breach: the defendant violated that duty in some way.
- Causation: this violation caused the accident.
- Damages: you suffered losses as a result.
In many cases, this is as straightforward as showing that a driver side-swiped your motorcycle when they changed lanes without checking their mirrors. However, there are cases where proving negligence is more complicated – such as in a single-vehicle motorcycle accident. In this situation, you may be able to file a claim against the government agency responsible for maintaining the road or even the manufacturer of a faulty motorcycle part that caused the crash.
During a free initial consultation, your Melville motorcycle accident lawyer will listen to your story and offer you advice on the merits of your claim. They will also give you a ballpark estimate of the value of your case. If you decide to move forward, they will get to work to establish a strong compensation claim.
This may include interviewing witnesses, getting an accident report from the police, reviewing photos and videos of the accident scene, and analyzing medical records. They will then send a demand letter to the at-fault driver’s insurance company. This letter will explain the facts of the accident, the legal reason why their insured is responsible, and conclude with a demand for compensation.
In many cases, personal injury claims can be resolved outside of court through negotiation. However, it may still be necessary to file a lawsuit to protect your legal rights. In New York, there is a 3-year statute of limitations for personal injury cases. If you don’t file a claim within that time, then any lawsuit you file may be dismissed.
Filing a lawsuit does not mean that your case will go to trial. Instead, it’s an opportunity for your personal injury lawyer to continue negotiations with the insurance company while learning more information through discovery. If necessary, your personal injury attorney will take the case to court to get you maximum compensation for your injuries.
Compensation in Melville Motorcycle Accident Claims
In a motorcycle accident case, you could recover money for all of your losses. This can include both the more obvious losses that come with a bill – such as repairs to your bike – as well as less obvious losses, like emotional distress.
Depending on the facts of your case, you could be entitled to damages (compensation) for:
- Economic damages: these losses include everything from property damage to lost wages to medical expenses to future medical treatment to reduced earning capacity. They are often easier to document with evidence like invoices, medical bills, and pay stubs.
- Non-economic damages: these cover intangible losses that are often just as important as economic damages. Examples include pain and suffering, diminished quality of life, loss of enjoyment of life, emotional trauma, scarring, and disfigurement.
- Punitive damages: these damages may be awarded in cases where the defendant acted intentionally or recklessly. The goal of punitive damages is to punish someone who acted badly – not to compensate a victim. For this reason, punitive damages are not awarded in cases involving negligence.
If your loved one died as a result of a motorcycle accident, you may be able to file a wrongful death claim through their estate. Damages in a wrongful death case are meant to not only compensate you for direct losses like funeral and burial expenses but things like loss of companionship and loss of income.
The best way to get a fair settlement for your losses is by working with an experienced Melville motorcycle accident lawyer. Studies show that people who have legal counsel recover an average of 40% more than people who represent themselves in personal injury cases. Reach out today to our law offices to learn more about how we can help you get fair compensation for your motorcycle accident claim.
Talk to Our Melville Motorcycle Accident Attorneys about Your Case
Motorcycle accidents can be scary. One minute you’re riding your bike, and the next minute you are flying through the air. While a personal injury claim won’t make you whole again, it can help you get the financial compensation that you need to move forward with your life.
Based in Melville, Odierno Injury and Accident Lawyers advocate for motorcycle accident victims throughout Long Island. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a New York motorcycle accident lawyer, give us a call at 631-752-8580 or fill out our online contact form.
