Motorcycle Accidents

Call Experienced Westchester County Motorcycle Collision Lawyers

Approximately 4,000 motorcyclists are killed in crashes every year, and 80,000 are injured, according to statistics from the National Highway Traffic Safety Administration (NHTSA). Many of the deaths could have been avoided if the drivers were wearing a helmet. NHTSA estimates that 1,500 lives could have been saved in 2005 had the motorcyclists been wearing helmets. On average, motorcyclists are 34 times more likely to die in motor vehicle accidents, and eight times more likely to be injured in these collisions. Contact the trustworthy White Plains motorcycle accident lawyers of the Law Offices of Mark A. Siesel today if you or a loved one were injured in a collision or crash.

Proving Causation After a Collision

Our law firm represents those injured on motorcycles elsewhere in Westchester County and all of New York. Crashes can be caused by at-fault drivers, but they can also be the result of the following:

• Defective products or design of automobiles and trucks, including defective seatbelts, brakes, tires, or gas tanks; reckless driving;
• Road rage accidents, including speeding or the failure to comply with the basic rules of the road;
• Improper roadway design or maintenance, including potholes, inadequately marked roads, or poorly supervised roadway construction; or drivers under the influence of alcohol or drugs.

We will need to examine the circumstances of the accident in order to figure out your best course of action. It may be appropriate to retain an accident reconstruction specialist, who can determine what happened and why, for purposes of establishing liability.

Establishing Who Was At Fault for a Crash

Under New York State law, a motorcyclist is not a “covered person” under the No-Fault Law, meaning that if a motorcyclist is injured in an accident (unlike the driver or passengers in an automobile), he or she cannot recover for their medical expenses or lost wages from their own insurance company. However, if you or a family member is injured through the negligence of a motorcyclist in a pedestrian knockdown or other type of motor vehicle accident, our experienced motorcycle accidents lawyers in White Plains can assist you in pursuing your legal remedies. The owner of that motorcycle is required to carry liability insurance to protect against injuries or death arising from his or her negligence.

Injuries and Damages

Often a motorcyclist in an accident suffers far greater injuries than another driver or party involved. The amount in damages that you can recover through a lawsuit for motorcycle accident injuries depends on the severity and nature of your injuries. Injuries that result from these types of accidents can be life altering and severe. You may suffer burns to your head and neck, receive nerve damage or spinal cord paralysis, break or dislocate bones, or even lose the use of an arm or leg, or have it amputated. When you suffer catastrophic injuries caused by another driver or entity, we may be able to recover more significant damages because your tangible losses—those that are documented or concrete, in nature—are greater, and a jury may be more likely to see your noneconomic damages as great, as a result.

Economic losses are those that are tangible. Often, our White Plains motorcycle accident attorneys must establish your right to recover these types of damages by presenting bills and documentation. Future losses must be sufficiently certain in order to obtain compensation, and in some cases, expert testimony, whether that of a doctor or that of an economist is required to prove you’ll need to be compensated for losses you haven’t suffered yet. Economic damages can include:

• Past, present, and future wage loss
• Past, present, and future medical expenses, including medical equipment
• Out-of-pocket costs
• Replacement services
• Property damage

Noneconomic damages are intended to compensate for intangible losses that grow out of the severity of your injuries. Sometimes, to establish these losses by a preponderance of the evidence, our lawyers must use testimony about your feelings and altered life from you, your family, your friends, and your therapist. Damages we may be able to recover include:

• Emotional distress
• Pain and suffering
• Anxiety or depression
• Loss of consortium
• Loss of enjoyment of life.

If for instance, you were a model who was disfigured in a motorcycle accident and can no longer work or enjoy what you used to enjoy, we may be able to recover not only present and future wage loss, but also the costs of plastic surgery in the future and all of the emotional losses you suffered. For another example, if you were a recreational football player and used that to unwind from your day but can no longer as the result of your throwing arm being amputated as a result of motorcycle crash injuries, we might be able to recover damages for loss of enjoyment of life and emotional distress.

When You Are Partly To Blame

Under section 1411 of New York’s Civil Practice Laws and Rules (CPLR), in any lawsuit to recover damages for personal injury, property damage, a plaintiff’s or decedent’s culpable conduct doesn’t bar their recovery of damages for injuries, as it does in some other states. However, the amount of damages you can recover as a plaintiff will be diminished in proportion to your proportion of culpable conduct responsible for causing the damages. This means that New York’s pure comparative negligence rule allows our motorcycle accident lawyers to recover on your behalf, even if you were partially at fault for the accident; in fact, even if you were more at fault than the other party.

In circumstances where a defendant alleges you were comparatively negligent, the jury will determine liability but will also apportion fault. For instance, if you were speeding and another driver also failed to stop at a stop sign and struck your motorcycle, you may suffer catastrophic injuries. However, a jury (or insurers) may determine that you were 50 % at fault. Your damages will be reduced in proportion to your share of the fault. This means if the damages were $300,000, you will only be able to recover $150,000 from the other party and will be responsible for the remaining $150,000 worth of damages yourself.

The responsible party’s insurance company may unfairly and improperly try to blame you for the accident, to try to minimize their liability. Insurance companies often conduct far-ranging accident investigations in search of opportunities to blame victims. If they cannot find evidence against you, they may try to get you to admit fault.

We will aggressively and vigorously pursue your case with the defendants and insurance companies involved to obtain compensation for both your economic losses and your noneconomic losses. Recoverable economic losses may include lost earnings, property damage, replacement services, and out-of-pocket coasts. Noneconomic losses we can seek may include your pain and suffering, loss of earning capacity, loss of enjoyment of life, and mental anguish.

Call Motorcycle Accident Lawyers Serving White Plains

Insurance companies are not in the business of giving victims the maximum possible settlement—their goal is to pay as little as possible on claims. The plaintiff’s lawyers at the Law Office of Mark A. Siesel provide dedicated, aggressive, and comprehensive representation to make sure accident victims receive all possible compensation. After getting into a motorcycle crash, before you sign or settle anything with an insurance company, please contact us online or at our offices in White Plains, Westchester County and all of New York at (914) 428-7386 to set up a free consultation. You do not pay for our services unless we recover compensation for you.