Brooklyn Motorcycle Accident Lawyer
- Motorcycle Collision Injuries
- Negligence and Responsibility for a Motorcycle Accident Under New York Law
- What Our Clients Say
- How much will I get from a motorcycle accident lawsuit?
- New York Motorcycle Accident Statute of Limitations
- What if my loved one was killed in a motorcycle crash?
- Get Advice From An Experienced Motorcycle Accident Lawyer
- FAQs About Motorcycle Accidents
- Have you been injured in a Brooklyn motorcycle accident?
Although motorcycles make up only two percent of registered motor vehicles in New York City, they’re involved in 14 percent of all vehicle collision fatalities. Even if a rider is wearing a helmet or the collision wasn’t at a high rate of speed, injuries to the biker can be serious and life-changing.
Mitchell Proner, the founding partner of Proner & Proner, is an avid motorcycle rider himself, so he understands why you ride. Mitchell has also been involved in motorcycle accidents, so he knows what you and your loved ones are going through right now.
If you’ve been hurt on a motorcycle in Brooklyn, you may be entitled to compensation from the driver who caused the accident. Proner & Proner, a New York personal injury law firm, can help. Contact us today to learn more about your options for a motorcycle crash lawsuit.
Motorcycle Collision Injuries
A catastrophic injury is a legal term that refers to an injury that can permanently prevent someone from living independently or pursuing gainful work. Victims may have a permanent disability or need extensive surgery to repair the damage and physical therapy to regain mobility.
Sometimes, the driver’s injuries are fatal. Brooklyn has the second highest ratio motorcycle accident, deaths to registrations so these tragic consequences affect many Brooklyn families. If you lost a loved one in a motorcycle collision, we may be able to help.
We understand that no amount of money will heal the pain that your family is going through, but the compensation you could receive in a wrongful death lawsuit could ease your financial burdens.
Negligence and Responsibility for a Motorcycle Accident Under New York Law
Filing a motorcycle crash lawsuit can be tricky, as there can be many factors that contribute to building a solid case for damages and compensation. Your motorcycle crash attorney will need to prove that the other driver caused the accident.
This may be straightforward. All of the proof they need could be in the police report. If it is not, they may have to investigate how the crash happened. Proof that the other driver was negligent and that their negligence caused your injuries is required in order to win a personal injury suit.
Under New York law, parties involved in a vehicle collision are assigned a degree of responsibility, or a percentage of the blame for the wreck. If the car driver was texting and driving and hit you, they may be 100 percent at fault.
If a judge determines that you shared fault for the accident, they may consider this contributory negligence to the seriousness of your injuries and reduce your claim.
What Our Clients Say
Here are some of our clients’ testimonial videos
How much will I get from a motorcycle accident lawsuit?
The value of your claim depends on how badly you were hurt and how much the injuries affected your life. If you require ongoing therapy or surgery, then your claim may be higher. Some people may need to recover in a nursing home, and a settlement should also cover the cost of that long-term care. You could also be compensated for the damage to your bike and for lost wages from the time you missed at work.
New York Motorcycle Accident Statute of Limitations
As you recover from your motorcycle crash injuries, you probably aren’t thinking about calling a lawyer. But if you do wish to file a claim for damages, then you need to call as soon as you’re able. New York sets a statute of limitations, or deadline, for filing a claim. Contact a Brooklyn motorcycle accident lawyer to find out how long you have to take action.
What if my loved one was killed in a motorcycle crash?
A wrongful death lawsuit after a motorcycle crash is similar to a personal injury claim with regard to proving negligence and fault. However, the settlement is different.
If your loved one had medical treatment after the accident but didn’t survive, the claim covers that. Wrongful death claims also include burial expenses and non-economic damages for the family, like loss of companionship, loss of consortium and loss of earning potential if the victim contributed financially to the family.
FAQs About Motorcycle Accidents
Here are some answers to Frequently Asked Questions about motorcycle accidents and injuries in New York.
What can I do to protect myself against serious injury in a motorcycle accident?
One of the best ways to protect yourself against injury in a motorcycle crash is to wear proper safety equipment. High-quality safety gear can significantly reduce the risk of injury for motorcycle riders. So, consider wearing a helmet, goggles, a mouthpiece, gloves, boots, knee pads, hip pads, and a motorcycle jacket when you ride your bike.
A helmet that covers your entire face will protect you against traumatic brain injury, goggles will shield your eyes from the elements while you ride and ensure that your vision is unblocked, gloves will prevent lacerations to your hands if you are thrown from your bike or if the bike skids on the roadway, and a motorcycle jacket with bright colors will protect your upper body against injuries in a crash and make you more visible to other motorists on the road or highway.
Additionally, since NY law requires motorcycle riders to wear helmets, the failure to wear a helmet could affect your ability to win an accident claim if you do sustain injuries in a motorcycle crash.
What should I do immediately after being involved in a motorcycle accident?
Whether you were involved in a single-vehicle accident, a head-on collision with another motor vehicle, a hit-and-run accident, or any other type of motorcycle accident, the most important thing for you to do immediately after the crash is to get to a safe place on the road (or off the road).
Next, you need to get proper medical treatment for your injuries. And remember that some injuries aren’t always apparent right after the motorcycle accident and may take days or even weeks to become obvious, so make sure that you see a doctor and get checked out just to be sure.
You should also report the motorcycle accident to the police and get a police report. This will ensure that everything is documented for your accident claim with the insurance company and for court if the case eventually goes to trial.
Once you have taken care of your physical well-being and reported the accident to the police, protect yourself legally and speak to an experienced motorcycle accident attorney at Proner & Proner. Do not talk to the other motorist or to the insurance company before talking to a qualified attorney who can explain your legal options and make sure that you do not make any unnecessary admissions to the insurance adjustor.
Will insurance cover my motorcycle accident injuries?
Unfortunately, a lot of vehicle insurance policies don’t cover all motorcycle accident injuries. For instance, your motorcycle insurance policy may not provide medical coverage for any injuries you sustained in the motorcycle crash. That’s because NY motorcycle insurance policies don’t automatically come with Personal Injury Protection (PIP), which means that the injured rider is typically responsible for payment of their own medical bills after an accident. The best way to protect yourself and ensure that you get the compensation you need to cover your accident-related medical expenses is to speak with an experienced New York motorcycle accident lawyer as soon as possible.
What are the attorney fees in a motorcycle accident case?
A consultation with our law firm about your motorcycle accident claim is free. Additionally, if we take on your case, we don’t get paid unless we get money for you. We will pay all expenses and get a percentage of the recovery at the end of the case that is consistent with local bar association rules.
Who pays for the damages to my bike?
When it comes to getting paid for the damage to your motorcycle, the first important question to ask is: What insurance coverage is available? You may have purchased collision coverage on your motorcycle when you got your own insurance.
Of course, you may be wondering: Why should I put this on my own carrier when I’m not at fault? Your carrier will typically make payment quicker than the adverse vehicle’s carrier. Then your carrier will go to the adverse vehicle’s carrier and seek reimbursement for the money they paid you. So, they get repaid by the adverse vehicle’s carrier. They will typically also recover the deductible (the money your insurer deducted from the value of your bike), which will be reimbursed to you.
If you did not have collision coverage, the adverse vehicle should make payment to you, but typically they will claim that a portion of the accident is your fault. They may claim that you were speeding, or that you failed to pay attention to the other vehicles on the road, even if you did nothing wrong. They may try to deduct 10% to 15% from what they rightfully owe you. Whether you wish to accept 90% or 85% of the value of your vehicle is up to you.
How much is my NY motorcycle accident case worth?
Typically, there are several issues that must be resolved to determine the value of a motorcycle accident case. The first issue is: Who is at fault for the accident? Even though you may be partially at fault, you still may be entitled to compensation.
The second issue is the extent and permanency of your injuries. Typically, after an accident, your doctors will try to predict the healing process, but there is no certainty until actual healing takes place. Sometimes, an injury to a joint will heal but there will be limitation of motion. Sometimes, physical therapy will improve healing and you will regain a full range of motion. Other times, surgery is necessary, or a limitation may be permanent.
This degree of permanency of your injuries, along with any loss of earnings or earning capacity, will affect the value of the case. Additionally, if you lose the ability to pursue a hobby or skill—such as a hand injury limiting your ability to play guitar—it could also affect the claim’s value.
Lastly, sometimes, recovery in a motorcycle accident case is limited by the amount of insurance or assets that an individual must pay for damage they caused.
Is there a bias that the motorcyclist is always at fault for an accident?
Insurance adjusters, juries, judges, and even lawyers representing motorcycle accident victims often have a deep-seated bias that when somebody gets on a motorcycle, they are asking for whatever happens to them, including injuries. At Proner & Proner, we have a tradition of not minimizing the claims of the motorcycle accident victim. If a motorcycle accident victim is not getting full and fair compensation, we will try the case.
Moreover, we have a demonstrated history of success in winning motorcycle accident cases at trial. Insurance carriers around the nation know that we have this history of success. Because we have a reputation of being willing and able to get fair compensation for our clients in motorcycle accident cases, we have an advantage when we demand fair compensation for our clients.
Have you been injured in a Brooklyn motorcycle accident?
At Proner & Proner, we have a deep connection to motorcycle riding. One of our founding partners, Mitchell Proner, is a motorcycle enthusiast who has dedicated his life to fighting for the rights of motorcycle accident victims.
If you were struck by a car while riding your motorcycle, you may have cause to file a lawsuit for damages. Proner & Proner, New York motorcycle crash lawyers, can pursue your claim from mediation to a courtroom. Contact us today for a free consultation about your case.
In The Press
Even though the firm has successfully represented clients from five continents and over 30 jurisdictions, Proner & Proner serves New York personal injury clients in all five boroughs from our office in Midtown Manhattan.