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Bronx Motorcycle Accident Lawyer
The Bronx is a great place to get around by motorcycle, but it is not always safe for bikers. Motorcyclists have very little protection when they are on their bike. When they are involved in an accident, bikers sustain some of the worst injuries. The first step to take after a motorcycle accident is to seek medical attention right away. Then, you should speak to a knowledgeable Bronx motorcycle accident lawyer who can help you recover the compensation you need for your medical bills and more.
Common Causes of Motorcycle Accidents
Although many people think the majority of motorcycle accidents are caused by the person on the bike, that is simply not true. Most of these crashes are caused by other drivers because it is more difficult for them to see bikers than it is for them to see other vehicles. Drivers also do not watch for motorcycles in the same manner as they watch for other vehicles, which can easily cause a crash. The most common causes of motorcycle accidents include:
- Improper lane changes
- Distracted driving
- Impaired driving
- Aggressive or reckless driving
- Violation of traffic laws
- Unsafe turns, including left-turn accidents
- Road hazards
- Vehicle defects
In most cases, another driver is held liable after a motorcycle accident. However, other parties may be found liable, as well. For example, if a part of a car or motorcycle was defective, the manufacturer can be held liable. While working on your case, a Bronx motorcycle accident lawyer will determine the cause of the crash so they know which party to hold accountable for paying damages.
Common Injuries After a Motorcycle Accident
Even when a motorcyclist is not traveling at high speeds, bikers are still unlikely to walk away from an accident without injuries. Motorcyclists simply do not have the protection of a strong steel frame, seat belts, and airbags that other motorists enjoy. As such, they sustain some of the most severe injuries during a crash, including:
- Traumatic brain injuries and other head injuries
- Spinal cord injuries
- Multiple broken bones
- Road rash
- Burn injuries
- Neck injuries
- Soft tissue injuries
- Chest injuries
These injuries are very difficult for accident victims to recover from. Adding insult to injury, drivers sometimes try to shift the blame to the accident victim. A Bronx motorcycle accident lawyer from Silberstein, Awad & Miklos will not let them get away with this and will defend your rights at all times.
Contributory Negligence in Motorcycle Accidents
New York is a pure contributory negligence state. Under this law, if the other party argues that you were partly at fault for the crash and are successful with their argument, it can greatly reduce the amount of compensation you will receive. Due to the fact that New York follows a pure model of contributory negligence, you can still recover damages for the crash even if you are found 99 percent at fault. To recover the full amount of compensation you deserve though, it is important to fight against these claims.
When you are found partly at fault for the crash, you will be assigned a certain percentage of blame. Any compensation you are awarded will be reduced by that same percentage. For example, if you are awarded $100,000, but have been assigned 30 percent of the blame, your compensation will be reduced by 30 percent. You would only receive $70,000 in damages.
Contributory negligence often plays a role in Bronx motorcycle accidents. This is because drivers sometimes have a bias against motorcycle riders, thinking they are reckless and dangerous. This is not true. Bikers understand the risks they take when they go out on the road, so they are often extremely cautious. However, this will not stop the other side from trying to reduce their liability.
Contributory negligence is often an argument raised when a biker was not wearing their helmet at the time of the crash. In New York, all motorcyclists and their passengers are required to wear a helmet at all times. If someone was not wearing their helmet, the other side will argue that they did not try to mitigate their injuries and so, their compensation should be reduced.
Determining Liability After a Motorcycle Accident
It is true that most motorcycle accidents are caused by the negligence of other drivers. However, roads in the Bronx are complicated and a biker may encounter several different dangers along the way. Potential liable parties in motorcycle accidents include:
- Transportation authorities
- Truck drivers
- Bus drivers
- Property owners
- Government agencies
Regardless of which party is liable, you will likely have to deal with an insurance company to collect the damages you need. Negotiating with insurers for a fair settlement is extremely difficult, and no one should do it alone. A Bronx motorcycle accident lawyer will negotiate effectively on your behalf to secure a fair settlement.
The Time to File a Claim is Limited
After a motorcycle accident, you do have a right to claim damages—but your time to do so is limited. New York places a statute of limitations on all motorcycle claims of three years from the date of the crash. While there are some exceptions to this, the law is generally quite strict. If you do not file a claim within this time, you will likely forfeit your right to any compensation.
Although motorcycle accident victims may think this is a long time, it is not. Prior to filing a claim, a lawyer must conduct a full investigation to determine who was at fault for the crash and collect evidence to prove your claim. You must also seek medical treatment so you fully understand the nature and extent of your injuries. For these reasons, you should speak to a Bronx motorcycle accident lawyer as soon as possible.
Get Legal Help Today
If you have been hurt in a crash, our Bronx motorcycle accident lawyers at Silberstein, Awad & Miklos, P.C. can assist with your case. We know you have rights and we will uphold them by negotiating aggressively with the insurance companies and defending against claims that you were at fault. Contact us today to schedule a free consultation and learn more about how we can help.