New York Motorcycle Accident Lawyer

NYC motorcycle accident lawyers are crucial when a physical and financial injury occurs in a brutal and life-threatening crash.  The financial strain a motorcycle accident puts on your life can be enormous. The Platta Law Firm is here to help. We protect your rights and fight for the justice and compensation you deserve.

Our New York motorcycle accident attorneys won hundreds of millions in verdicts and settlements, and we can put the same tenacity to work for you.

With 130 years of combined legal experience, we won’t give up. To schedule a free, confidential case review, call 212-514-5100. Our legal team will discuss your case, answer your questions and provide options. If it is easier, reach out to us online. Remember, if you hire us, you will pay no fee unless you win.

How Motorcycle Accident Lawyers At The Platta Law Firm Can Help

The days and weeks after a motorcycle accident can be overwhelming. Out of the blue, your life is upside down, and bills are mounting. Some clients feel helpless against a situation they did not cause. It does not have to be this way. On the contrary, our legal team can begin to gather the necessary evidence to show liability.

Gathering evidence is crucial for your case to move forward in the courts. After determining liability, our attorneys will work to negotiate a fair settlement with the insurance companies. Rest assured, insurers do not hand over large settlements. Instead, it is up to your legal team to fight for your rights and the justice and compensation you deserve. If the insurance company reneges on its responsibility and tries to short-change you, our litigators are as comfortable in the courtroom as they are at the negotiation table. Our reputation for dealing with large corporations and government agencies precedes us.

Compensation in a Motorcycle Accident Case

Compensation in a motorcycle accident reimburses the injured person for the monetary damages associated with their injuries. Among the most common are:

• Lost Wages: Injuries frequently prevent the motorcyclist from working, causing hardship for the family. A motorcycle accident lawsuit can compensate you for lost wages. If you are permanently incapacitated, compensation can include the salary you would earn until retirement. In some cases, the individual will need to take a lesser-paying job, and the lawsuit will seek to pay the difference in their wages.
• Future Earning Capacity: Your injuries may make it hard for you to advance at work. Your NYC motorcycle accident lawyer will factor this into a lawsuit against the at-fault party.
• Medical Expenses: A motorcycle accident claim covers emergency room costs and hospital care, including surgery, medication, and rehabilitation services. It can also compensate for necessary home modifications and nursing care.
• Pain and Suffering: The ongoing pain, mental trauma, and psychological distress you feel after a crash can be difficult and, in some cases, interfere with life. Your lawyer will determine their monetary value and work it into your case. Anxiety and depression also frequently occur, culminating in post-traumatic stress disorder.
• Loss of Enjoyment: After a motorcycle accident, your injuries may prevent you from enjoying hobbies and activities you are passionate about. This loss can be recoverable.
• Punitive Damages: Such damages punish the at-fault party. The amount can be high, and the jury or court decides on the award.
• Loss of Consortium: After a motorcycle crash, the intimacy, love, and support between spouses may decrease. A spouse may join in the lawsuit for such losses.
• Out-of-Pocket Expenses: Even if your vehicle is non-functional after a motorcycle accident, you still need to get to doctor appointments or rehab therapy. Rental automobiles or transportation to and from the visits can be recoverable.
• Household Chores: The cost of tasks you usually do around the home can be recoverable if your injuries preclude you from doing them. The expense of hiring someone can be part of the claim.

How Much Is a Motorcycle Accident Case Worth?

The monetary worth of your case depends on many factors, such as the type and severity of your injuries. Permanent or life-threatening damage will result in more significant medical costs and possible permanent inability to work. Pain and suffering represent a less tangible loss and vary between people. However, the emotional and psychological damage can be substantial.

Since each case is different, your NYC motorcycle accident lawyers will begin the arduous task of determining the extent of the damage. Since many motorcycle accidents are brutal and require extensive medical treatment, the award amount might be considerable. The bottom line is your Platta Law Firm motorcycle collision attorney will work hard to ensure you receive the justice you deserve.

Motorcycle Accidents and Common Causes

When negligence by an outside party or entity causes a motorcycle accident, the following reasons are most common:

• Left-turning vehicles are a significant cause of motor vehicle collisions with motorcycles.
• Running red lights or stop signs causes injuries to motorcycle riders in intersections.
• Making a right-hand turn without looking for an oncoming motorcycle can lead to a rear-end accident, often ejecting the rider from his bike.
• Dooring accidents occur when the driver or vehicle passenger doesn’t look for oncoming traffic before opening their door.
• Head-on collisions with motorcycles occur when another motorist attempts to pass without a clear view up ahead.
• Distracted driving, such as texting, takes a driver’s eyes from the roadway or causes them to drift out of their lane.

Injuries in a Motorcycle Crash

The injuries associated with a motorcycle crash vary from minor to catastrophic. Some of the most common injuries are:

• Brain Injuries: Although lessened by wearing a helmet, head and brain injuries are common in motorcycle accidents. They can range from a simple concussion to a subdural hematoma and others. The biggest problem is that a brain injury can cause a life-altering outcome that changes how you live and work.
• Spinal Cord Injury: This is another significant injury associated with a motorcycle accident. While treatment options are advancing, damage to the spinal cord can end in paralysis, either partial or complete.
• Internal Injuries: The heart, lungs, and intestines are vulnerable to trauma. Since a motorcyclist does not have ample protection, it is possible for impact on the body to cause internal injuries. Symptoms take longer to surface in this type of injury, so the biker may be discharged from the emergency room before they are apparent. This discharge can be disastrous when left unmonitored.
• Road Rash: Motorcyclists can slide across the pavement after crashing, causing abrasions. Aside from being painful, the cuts and scrapes are subject to infection and scarring.
• Fractures: Bikers are subject to broken bones due to a lack of protection. The areas commonly hurt are the arms, legs, and ribs.
• Biker’s Arm: This injury occurs when a biker lands on their arm or hits an object. The brachial plexus, which controls arm, finger, and hand movement, suffers damage, and the biker may have limited or total paralysis.
• Lower Extremity Injury: A motorcyclist can injure their legs, knees, and feet. These injuries can cause significant problems in terms of mobility and may affect work.

Wrongful Death in a Motorcycle Crash

All too often, a motorcyclist will die in an accident. This tragic event worsens when negligence is the causative factor. In this situation, New York State allows the deceased’s family to file a wrongful death claim against the wrongdoer. While the award will not ease your grief and pain, it will bring justice to your loved one’s death and closure to you and your other family members.

The damages in a wrongful death lawsuit are:

• Funeral and burial costs
• End-of-life medical expenses
• Loss of benefits and future earnings until retirement age
• Loss of the monetary value of household chores performed by the decedent
• Loss of inheritance to minors

A survivor’s action is possible if the decedent lived for a time, no matter how small, after the lethal injury. In short, this means that the personal damage inflicted on the deceased survives their death. The survivor’s action claim includes medical costs, lost wages, and conscious pain and suffering. The damages become part of the deceased’s estate.

Deadline to File a Motorcycle Accident Claim

In New York, there is a three-year deadline to file a claim. This deadline is also called a statute of limitation, and if filed too late, the court will not hear your case. A wrongful death has a two-year statute of limitations. Talk to your NYC motorcycle accident lawyers to learn more about this deadline. Claims against government entities have shorter deadlines.

Motorcycle Defects

Defects in the design and manufacture of your motorcycle and its parts can lead to accidents. A product liability lawsuit is possible if these failures lead to your crash. Some common defects are:

• Tire Defects: This defect can lead to tire blowouts, loss of control and skidding afterward.
• Brake Failure:  A motorcyclist cannot stop or slow down when brake failure occurs.
• Throttle Defects: This defect can cause stalling or inability to accelerate properly.
• Defective Steering: A defect in the steering mechanism can cause the motorcyclist to lose control.

Because the motorcycle is a key piece of evidence in a product liability lawsuit, retaining it after the accident is critical. Our investigators examine the motorcycle for defects, and if one is found and was a causative part of the incident, we begin a product liability claim. In New York, a manufacturer is strictly liable for injury due to their defective product. Your NYC motorcycle accident lawyer can discuss this in depth during a free case review.

Government Neglect in a Motorcycle Crash

Government negligence in roadway maintenance can contribute to motorcycle crashes, with maintenance issues like potholes and pavement upheavals being major culprits. City and state entities can be financially liable when a motorcycle crash results in injuries. There is a 90-day statute of limitations on claims against government entities, so hiring an accident attorney is helpful to ensure paperwork is correct and the claim is on time.

The New York City Comptroller’s Office oversees the resolution and settlement of claims filed against or on behalf of the City. When a claim is received, the Comptroller’s Office investigates it. In some cases, the Comptroller’s Office may extend an offer to settle the claim based on the investigation results. Sometimes, you must file a claim with the city and the state. This rule is complex, and your motorcycle accident attorney in New York City will ensure that all steps are complete.

Prejudice Against Motorcyclists and the Importance of Hiring an Attorney to Combat It

The justice system has long discriminated against motorcycle riders.

Motorcyclists can face challenges in getting fair treatment under the law due to insurance companies trying to blame them for their motorcycle accident injuries and juries viewing them as reckless due to their mode of transportation.

Motorcyclists must hire a qualified attorney in such cases. Our job as accident lawyers is to counteract any bias against our clients and protect their rights.

The Platta Law Firm – The Motorcycle Accident Lawyers You Need

Our motorcycle accident lawyers at The Platta Law Firm are here to help you reclaim the financial loss an accident causes. We understand the complexities of this type of crash and focus on the negligence that led to it. With our stellar record of successful lawsuits, our firm is the go-to place if injury occurs in a motorcycle collision. Don’t delay – call us at 212-514-5100 or contact us online to schedule a free case review.

FAQs

Are Most Motorcycle Accidents the Biker’s Fault?

No, they are not. In many cases, motorcycle crashes are due to motorist lack of care. For instance, a motorist may not be aware of a motorcycle in an adjacent lane since they are not looking for them.

What Should I Do After a Motorcycle Accident?

The first thing you should do is seek medical care. Establishing this baseline is essential for your physical health and your case. Afterward, looking for an experienced lawyer with the resources to take on your case is a good idea. It is crucial to stay at the accident scene and call the police. Keep the conversation at a minimum with others in the accident and get their contact information.