Queens Motorcycle Accident Lawyer

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A motorcycle accident can cause catastrophic injuries even if you are wearing a helmet. You might need costly medical treatment, and your injuries might prevent you from working. 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 your motorcycle accident resulted from a driver’s negligence, you may have a claim for injury compensation. To discuss your injuries and accident with a Queens motorcycle accident lawyer, contact Proner & Proner to schedule a free consultation.

Common Injuries from Queens Motorcycle Accidents

The two most common injuries include upper extremity and lower extremity injuries like road rash, broken bones, and disfigurement. These injuries happen when an accident knocks you off balance and causes your motorcycle to slide. The fall can fracture bones and tear soft tissue in your arms and legs. The slide can cause abrasions to your trapped limbs. These injuries can range from minor to catastrophic such as brain or spinal cord injury, paralysis, or neurological damage.

According to New York City’s crash map, 77 percent of the motorcycle accidents in Queens cause an injury or death. In collisions between a motorcycle and a passenger vehicle, the driver of the vehicle causes the crash about 60 percent of the time.

According to a study by the Centers for Disease Control (CDC), helmets reduce the severity and frequency of head injuries. But head injuries are still the third-most common motorcycle injuries among helmeted riders

Seeking Injury Compensation for Queens Motorcycle Accidents

New York uses a no-fault insurance system for automobiles. But New York’s no-fault system does not apply to motorcycles. When you register a motorcycle in New York, you only need liability insurance.

In fact, insurers probably would not sell you no-fault insurance for your motorcycle even if you wanted it. Insurers set insurance premiums based on the risk associated with the event. The high risk of a motorcycle injury or death would make no-fault motorcycle insurance impossibly expensive.

After a motorcycle accident, you must file a claim with the at-fault driver’s liability insurer. To succeed with this claim, you must prove the insured driver acted negligently in causing the accident.

In New York, negligence requires proof of four elements:

Every driver in New York must drive with reasonable care under the circumstances. When a driver takes unreasonable actions, like running a red light or speeding on wet pavement, the driver breaches their duty of care. You must show that the at-fault driver’s unreasonable actions caused your injury. In New York, causation has two parts:

  • Cause-in-fact
  • Proximate cause

Cause-in-fact simply means that the driver’s actions fall in the chain of events that led to your injury. Proximate cause means that the actions taken by the driver could reasonably and foreseeably cause an injury.

What Our Clients Say

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Damages in a Motorcycle Accident Case

Under New York’s no-fault system, automobile drivers are often restricted from seeking damages for pain and suffering. But since motorcycles do not fall under the no-fault laws, motorcycle riders and passengers can seek:

  • Economic damages, including medical costs and lost income
  • Non-economic damages, including pain, suffering and disability

Both your economic and non-economic damages will depend on the severity and duration of your injuries. Serious, permanent injuries usually net greater compensation than minor, temporary injuries.

When should I contact an attorney?

Distracted motorists who are busy talking on their cell phones, texting while driving, or eating and drinking may not see a motorcyclist on the road until it’s too late to avoid a violent collision.

Intoxicated motorists pose a significant risk to all motorists, including motorcyclists. However, motorcyclists may be at the greatest risk of being struck by a drunk driver because their bikes are relatively small and more difficult for an intoxicated driver to see.

Speeding motorists present special risks to motorcyclists because a high-speed collision between a car and a motorcycle can cause catastrophic damage to the much-smaller bike and the biker who is not protected by a seat belt or an airbag.

Drivers of cars and trucks who do not believe that motorcyclists have the same rights to the road may be less likely to yield to a motorcycle, resulting in dangerous collisions and severe injuries.

One of the most common causes of motorcycle accidents in NY is a car or truck driver who makes an illegal left turn and hits an oncoming motorcycle.

A motorist who runs a red light or goes through a stop sign can do significant damage to a motorcyclist who happens to be passing through the intersection at the same time.

Motorists who refuse to leave enough distance between their motor vehicle and the motorcycle in front of them on the road may not have enough time to bring the vehicle to a complete stop if the motorcyclist suddenly has to hit the brakes.

Motorists who fail to check their mirrors before turning into traffic may not see an approaching motorcycle, resulting in a collision. Since motorcycles tend to be smaller than other vehicles on the road, they can fit into blind spots more easily than cars or trucks.

Potholes, oil slicks, puddles, uneven pavement, gravel on the pavement, and debris left behind by road repair crews can all present dangers to motorcyclists, especially when the road hazards are not clearly visible. Sometimes, the local government or municipality is legally responsible for motorcycle accidents caused by poorly maintained roads.

Poor weather conditions, such as heavy-falling rain and thick fog, can inhibit visibility for the motorcyclist and make it harder for them to maintain control of their bike on a slick roadway.

If a motorcyclist has to swerve their bike to avoid hitting a jaywalking pedestrian, the motorcycle can potentially skid off the roadway and cause serious injuries.

It can also be difficult for a motorcyclist to avoid an animal crossing in the road because it’s not always easy to bring the bike to a sudden stop.

Some motorcycle accidents are caused by improperly installed brakes, misaligned tires, or damaged signal lights.

Defective or recalled parts on a motorcycle, such as a flat tire or a defective engine, can have deadly consequences when the motorcyclist suddenly loses control of their bike on the road. A knowledgeable attorney can help you determine who was responsible for the design or manufacturing defects that caused your motorcycle accident.

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Hiring a Queens Motorcycle Accident Lawyer

Motorcycle accidents often result in severe injuries. While New York’s helmet law helps reduce the severity of head and face injuries, your helmet cannot protect your neck, back, arms or legs. As a result, you can still suffer catastrophic injuries like paralysis and amputation in a Queens motorcycle accident.

Without the benefit of New York’s no-fault insurance system, the only way for motorcyclists to recover injury compensation is to pursue a claim against the at-fault driver and their insurer within the window of time established by New York’s statute of limitations for personal injury lawsuits.

To discuss your motorcycle accident with an experienced Queens motorcycle accident lawyer, schedule a free consultation with Proner & Proner.

Proner & Proner Pursues Justice For NY Motorcycle Accident Victims

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.

Types Motorcycle Accident Compensation

Medical Expenses

A motorcycle crash often requires urgent medical treatment at an emergency room or trauma center, as well as ambulance or helicopter costs for transportation to the hospital. All of this can result in extremely high medical bills that place a huge burden on the motorcycle accident victim and their family.

Future Medical Care

If your motorcycle accident resulted in chronic injuries, you may need physical therapy, crutches, leg braces, and pain medication. An attorney can help you get compensated for projected future medical expenses stemming from your motorcycle crash, including hospital follow-up visits, chiropractic care, travel expenses to visit doctors, prescriptions, and rehabilitation.

Lost Wages

Depending on the nature of your motorcycle accident and the severity of your injuries, you may be unable to work and earn a paycheck while you recover from your injuries in the weeks and months that follow the crash. Moreover, if your injuries are permanent, you could be looking at lost wages in the future due to reduced earning capacity, as well.

Pain and Suffering

Some motorcycle accidents can cause such severe physical pain and long-lasting emotional trauma, including PTSD, that the victim suffers from reduced quality of life. You may be able to get compensation for non-economic costs related to your motorcycle crash. A knowledgeable motorcycle accident attorney can evaluate your accident claim and calculate the appropriate amount of compensation for your pain and suffering.

Loss of Companionship

If a motorcycle accident is particularly severe, the victim may be unable to maintain a healthy relationship with their spouse. This is also known as “loss of consortium,” and you might be able to recover compensation for your loss of companionship stemming from the motorcycle crash.

Property Damage

A motorcycle accident can cause significant property damage, including damage to the bike that requires costly repairs or even replacement.

Some motorcycle crashes cause catastrophic injuries that result in death. If you lost a loved one in a fatal motorcycle accident, you may be able to file a wrongful death claim against the negligent motorist who caused the accident.

FAQs About Motorcycle Accidents

Here are some answers to Frequently Asked Questions about motorcycle accidents and injuries in New York.

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.

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.

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.

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.

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.

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.

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.

Contact The Experienced NY Personal Injury Attorneys At Proner & Proner

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 ensure 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.

In The Press

Office Location

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.