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Motorcycle riders are not afforded the same physical protections as drivers of cars, trucks, and other motor vehicles that have seat belts and airbags to minimize the damage in an accident. This relative lack of protection can expose motorcyclists to potentially serious injuries in the event of a crash. For motorcycle riders in NYC, the risks may be even greater due to congested roads and notoriously aggressive motorists. If you or someone you love has been injured in a motorcycle accident in New York City, you may find yourself struggling under a mountain of medical bills and desperately in need of compensation – especially if your injuries prevent you from working for the time being. Unfortunately, the legal process for recovering damages in NY motorcycle accident cases can be extremely complicated. That’s why it is imperative that you seek out an attorney who has expertise with motorcycle accident claims in New York and who can represent you from start to finish.
Mitchell Proner, the founding partner of Proner & Proner in New York City, 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. In fact, Mitchell made the bold decision to focus his legal career on seeking justice for injured motorcycle accident victims after he was involved in a particularly serious motorcycle crash. Since then, the legal team at Proner & Proner has won millions of dollars for clients who were injured in motorcycle accidents in New York. You can count on us to do everything in our legal power to help you get the compensation you need, want, and deserve. Contact us today to schedule a free initial consultation.
The truth is that even the safest rider can be injured in a motorcycle accident. Sometimes, a crash is unavoidable. Beyond that, the vast majority of motorcycle crashes result in injuries to the rider. Sometimes, those injuries are catastrophic and require urgent medical care, surgeries, and physical therapy and rehabilitation. In the worst cases, a motorcycle accident can result in death.
Some of the most common injuries sustained in NYC motorcycle accidents include:
Motorcycle riders can suffer severe injuries in crashes because they are not inside an enclosed vehicle and they are not protected by the body of a car. When a motorcycle is struck by a car or truck, or skids off the roadway, there is no barrier between the rider and the pavement or ground, putting the rider at risk of serious injury. Additionally, while drivers of cars, trucks, and other motor vehicles are typically protected by seat belts and airbags, motorcycle riders have no such protection when they are involved in violent collisions on the road. Even a sudden stop without a collision can cause a rider to be ejected from their motorcycle and result in catastrophic injuries.
Although motorcyclists have a right to use the roadway, many other motorists incorrectly believe that cars and trucks have a greater right to the road and should not have to share space with motorcycles or obey the rules of the road when it comes to motorcycles. This false perception can create dangerous conditions for motorcyclists and may result in reckless behavior by drivers of cars, trucks, buses, and other, larger motor vehicles. On top of that, even motorists with the best of intentions can cause motorcycle accidents because they simply do not see relatively small motorcycles on the road. All of this amounts to driver negligence, which is the primary cause of most motorcycle accidents in New York City.
Here are some common causes of motorcycle crashes on NY roads and highways:
The experienced legal team at Proner & Proner in New York City will fight for you and make sure that the right parties are held accountable for your motorcycle accident. One of the first things our skilled attorneys will do is thoroughly investigate the causes of your motorcycle crash by reviewing evidence, obtaining police reports and medical reports, interviewing witnesses, researching case law, and working with experts. We will determine who might be legally responsible for your motorcycle accident, which might include the other motorist, the motorist’s employer if they were on the job at the time of the motorcycle accident, governmental entities that were responsible for shoddy roads, the motorcycle manufacturer who made a defective part on your bike, and/or the manufacturer of the safety gear you were wearing at the time of the motorcycle accident. Additionally, our knowledgeable motorcycle accident lawyers can utilize accident reconstruction experts to establish driver fault or determine if there was another cause of your motorcycle crash.
The experienced personal injury attorneys at Proner & Proner in New York are dedicated to providing aggressive legal representation to NY motorcycle accident victims. We will investigate the causes of your motorcycle crash, determine all of the potentially liable individuals and entities, and assist you throughout the legal process, including settlement negotiations with the insurance company.
The major types of damages available in New York motorcycle accident claims include financial compensation for:
At Proner & Proner, our experienced NYC personal injury lawyers understand that a motorcycle accident can have long-lasting effects and could leave you struggling to pay medical expenses and other bills in the months and years ahead. That’s why we fight hard during negotiations with the insurance company and, if necessary, at trial to secure maximum compensation for our clients. Opposing attorneys and insurance providers know that when we handle a client’s motorcycle accident claim, they won’t be able to bully our client or pressure them into accepting a lowball settlement offer. In fact, our skilled attorneys have won millions of dollars for motorcycle accident victims throughout New York. Here are just a few of our recent settlements and verdicts:
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.
You need an experienced personal injury lawyer on your side and helping you to secure compensation for your injuries and justice for your losses, as well as ensuring that you get any medical care you might need. Contact the NY personal injury lawyers of Proner & Proner now. You can call us or fill out the online form to schedule a free consultation. We have a highly skilled legal team and an attentive support staff, we utilize the latest technology to communicate with clients about their cases, and we are available 24 hours a day for our clients.
Motorcycle Accident Verdicts & Settlements
We understand motorcyclists because we ride. And we understand that when things go wrong on a motorcycle, often it’s not the motorcyclist’s fault. Here are some of our successes in getting compensation for riders.
Female, 35: Motorcyclist hit by oncoming traffic
Our client was riding on the back of a motorcycle going south when the defendant heading north made a left hand turn in front of the client, causing the accident.
Injuries: Fractured left leg which required surgery
Male, 47: Motorcyclist hit by vehicle
Our client was hit by a car pulling into the roadway.
Injuries: Two broken legs
Male, 52: Wrongful death
Our client was killed in an intersection accident.
Injuries: Wrongful death
Male, 23: Motorcyclist hit by vehicle
Our client was hit by a right turning car.
Injuries: Broken wrist
Male: Motorcyclist hit by vehicle
The defendant made a left turn into the path of our client, who was riding a motorcycle
Injuries: Broken ankle
Male, 36: Motorcyclist hit by vehicle
The defendant’s vehicle collided with our client’s motorcycle.
Injuries: Surgery to the client’s leg, 20 stitches on his right foot
Male, 48: Motorcyclist loss of control
Our client was driving his motorcycle on the BQE and crashed into a HOV lane divider that did not have adequate warnings in front of it.
Injuries: Intracranial skull fracture; multiple facial fractures, multiple rib fractures
Male, 32: Motorcyclist hit by vehicle
Our client was riding his motorcycle when he was cut off by a car making a left hand turn.
Injuries: Fractured right ankle, road rash
Female, 40: Motorcyclist hit by vehicle
Our client was on a motorcycle, about to overtake legally, when a car made a U-turn and stuck the client.
Injuries: Mild traumatic brain injury, compression fracture in spine, permanent scarring
Male, 26: Motorcyclist loss of control
Our client was on his motorcycle where he went over a metal plate which had dirt and gravel on it - causing his bike to slip out from under him.
Injuries: Fractured left ankle requiring surgery
Male, 24: Motorcyclist hit by vehicle
Our client was going straight on through a green light on his motorcycle when he was struck by a car coming from the opposite side making a left turn.
Injuries: Fractured right femur, ruptured testicle that had to be removed
Male, 34: Motorcyclist hit by vehicle
Our client was side swiped by 81-year-old defendant driver.
Injuries: Surgery for carpal tunnel syndrome
Male, 24: Motorcyclist loss of control
Our client laid down his motorcycle after he claimed the car being driven by the defendant went through a stop sign.
Injuries: Shoulder injury
Road Rage Incident
Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.
Hit and Run
Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.
Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.