Motorcycle Accident Lawyers
Every day, people drive on roads and highways. In Westchester, which is close to New York City with plenty of traffic, the roads are rarely empty. Motorcyclists are especially at risk because their motorcycles are smaller than cars and they aren’t in an enclosed vehicle to protect them.
There are different laws applicable to motorcycle accidents. No-fault insurance doesn’t cover motorcyclists in the same way it does drivers of cars and trucks. Automobile drivers are able to file a claim with their insurance without having to prove who was at fault; motorcyclists aren’t able to do that. Motorcyclists who don’t have health insurance may have to pay expensive hospital bills on their own. To obtain a recovery for your injuries and damages, you may need to file a personal injury lawsuit against the other driver.
Your injuries could be very serious following a motorcycle accident, and you might not be able to pay for them. Our Westchester motorcycle accident lawyers can help you sue the person or people who caused your accident for personal injuries. Contact the Law Office of Cesar Zuniga, Esq. to talk about your case with a lawyer for free. Call us at (914) 677-1330 right now.
No-Fault Insurance Laws
The no-fault insurance laws in New York protect drivers involved in accidents with cars and trucks and other common vehicles. These laws state that drivers can file a claim with their own insurance companies up to a certain limit, which is usually $50,000. There are also no laws that state drivers have to prove that the accident was someone else’s fault. Unfortunately, motorcyclists are not covered by no-fault insurance laws.
Motorcyclists must file a claim with the adverse drivers insurance and show that the accident was the other automobile drivers fault. Riders can sue for damages against the other driver or drivers involved in the accident, if the other driver caused the accident.
Most of the time, motorcycle riders are at a disadvantage when they file an insurance claim or a lawsuit for personal injury. When you file an insurance claim, the insurance company may deny your claim or refuse to pay for certain damages, such as lost wages. Even if you win a personal injury lawsuit, you won’t recover any money until the case is over. This means you may have to pay for all your expenses out of pocket until you are reimbursed. Our motorcycle accident lawyers in Westchester can help you file a claim for personal injuries and obtain the compensation you require as soon as possible.
Obtaining a Recovery After a Motorcycle Accident
To be compensated after a motorcycle accident, you may have to file a personal injury lawsuit against the driver who caused the accident. The driver who was at fault will be defended by their own insurance company. If you win, the defendant’s insurance will pay for your costs. All the damages you sustained must be listed and disclosed during any lawsuit.
Filing a lawsuit requires you to name the defendant. Most of the time, a motorcyclist will name the other driver in an accident as the defendant. However, accidents and collisions can sometimes involve more than one vehicle. Accidents involving more than one car are more difficult in terms of proving liability for the accident. It’s not unusual for more than one driver to be partially to blame. Our motorcycle accident lawyers in Westchester, New York, can help you find all of the people you could sue.
You should also consider whether the other driver is an individual, a business, or the government. A driver may be a driver with a regular license or a professional driver with a specialized license. Where the adverse driver is employed by a company, it is important to name both the driver and their employer as defendants.
In addition, there are also drivers who may be under the employ of cities, towns, or other government agencies. For instance, if your accident happened on a public bus, you might have to sue the town or city where the accident happened for damages. When suing a government entity, different steps may need to be taken.
Once you’ve found the proper individuals to sue, you must file a formal complaint with the appropriate court and serve it on the individuals you are suing. The complaint will have your recitation of what transpired and a list of any damages you want to be compensated for.
Establishing Liability in a Motorcycle Accident
In any court case, you will be required to provide sworn testimony as to how the accident transpired. However, even if you are a reliable and believable witness, the court usually requires additional evidence. To back up your claims and arguments, you need proof.
Any vehicle that was involved in the accident, including your motorcycle, can be used as proof. Photographs of any damage can back up your version of what transpired and support your version of the accident. Photographs or videos of the accident scene will also help your case. Your medical records document the scope, duration and types of injuries you sustained.
It is not unusual for defendants to claim the crash was caused by your own carelessness, not theirs. New york is a “comparative negligence” state. This means that even if you were partly to blame for an accident, you can still obtain recovery, and you are not precluded from bringing a lawsuit. Your contributory negligence however, may lower the amount of the recovery you may be entitled to.
Call Our Motorcycle Accident Lawyers in Westchester
Our Westchester, New York, motorcycle accident lawyers can help you file a lawsuit to obtain a recovery for damages you sustained. Call (914) 677-1330 to talk to a lawyer for free.
We can also assist with other types of personal injury matters.
We also love serving all of the Yonkers community, including Alexander Smith, Bronxville Heights, Bryn Mawr, Centuck, Crestwood, Colonial Heights, Getty Square, Homefield, Lincoln Park, Ludlow, Nepera Park, Nepperhan, Park Hill and more.