The real answer to what kind of personal injury lawyers handle motorcycle accidents is… too many. Many people advertise that they handle these cases. However, it is important that you make sure that the lawyer you choose has experience in these cases. Motorcycle cases do not operate like normal car accident cases. The laws in New York are different. If you do not know the intricacies, this can seriously affect the value of your case.
What Kind of Personal Injury Lawyers Handle Motorcycle Accidents – Insurance
The first big difference between motorcycle accidents and car accidents is that motorcycle riders are generally not subject to the New York no-fault system. The no-fault system is essentially set up so that people who are injured in an accident get treated right away. In a normal car accident, the insurance company for the car that you are in will pay for your treatment. This is regardless of who is at fault. This is designed so that, if you need medical care after the accident, you will not have to wait. While some may feel it is unfair for the insurance of the person who did nothing wrong to pay for the accident, it beats the alternative. Waiting for insurance companies to determine fault between themselves in order to get the proper care would be worse.
While the no-fault system has its flaws, it does allow for immediate care. However, because motorcycle accidents are often serious enough to required extensive care, the insurance companies did not want motorcycles covered under the no-fault system. This means that if you are in an accident while on a motorcycle, your personal insurance will have to cover your medical expenses, even when the accident is not your fault.
No Serious Injury Threshold Law
While not having no-fault coverage is certainly a drawback, this also means that motorcycle accidents are not part of the serious injury threshold law. This is a law in New York that prevents you from collecting for your injuries unless they meet certain criteria. However, in motorcycle accidents, there is no such criteria. Therefore, in a motorcycle accident you can recover for any injury you sustained, regardless of how minor.
While in general it would be a good idea for New York to get rid of this rule altogether, it is clear why the insurance companies do not mind waiving it for motorcycle accidents. These accidents are more severe in general, and therefore would meet the threshold anyway.
What Kind of Personal Injury Lawyers Handle Motorcycle Accidents – Knowledge of Motorcycles
Finally, the kind of personal Injury lawyers handle motorcycle accidents should be lawyers who have knowledge of how people should operate their motorcycles. I’m not saying you need a lawyer who rides to Sturgis every year, but you should have a lawyer who is aware of and understand motorcycle safety etiquette. A good lawyer will understand when and why a bike might have to be laid down. They will understand the proper riding formations for large and small packs of riders. They will also understand how motorcycles react compared to cars in accidents. The most important thing, when picking someone to represent you in a motorcycle case is that they really know they’re stuff, and they can prove it to you.
