Motorcycle Accidents | Personal Injury Lawyers & Attorneys
The Vehicle and Traffic Law establishes rules of conduct that must be obeyed by motorists. Included in these rules is a duty that all motorists operate their vehicle in a safe manner to prevent injuries to others on the roadway, including motorcyclists. If the operator of another vehicle does not operate their vehicle safely, and as a result, you are injured, you have a right to pursue a claim for your personal injuries.
The dangers facing motorcyclists on our highways are on the rise because drivers are increasingly distracted while driving. When a car collides with a motorcycle, the physically exposed rider is almost certain to suffer catastrophic injuries. After an accident, riders have questions about the legal steps that should be taken and how they can recover compensation for the pain, suffering and lost earnings that have resulted from the motorcycle accident.
Frequently Asked Questions about Motorcycle Accidents
Our personal injury lawyers provide answers to some important questions below.
Dealing with your bills after a motorcycle crash can be very stressful and overwhelming if you are not working while you are healing. If you are unable to work, you should immediately apply for disability benefits. Additionally, a personal injury lawsuit should be pursued against the other driver(s) and any other person or party that may be responsible for your injuries. In some instances, it may be worth considering a loan against your home, your 401k or against your future settlement to help you with your immediate needs until your personal injury lawsuit is settled or resolved by a trial.
How long will a motorcycle personal injury case take?admin2020-09-24T18:24:06+00:00
There is no exact answer to that question. How long a case takes depends on many factors including how the case happened, how many defendants are in the case, the extent of the injuries, the nature of your recovery from your injuries, and whether the case resolves by way of settlement or trial. However, in general, a personal injury motorcycle case can take anywhere from 6 months to 2 years to resolve and in some instances, it can take longer than 2 years. Keep in mind, the full extent of your injuries may not even be known until that time period is over. A quick resolution to your case may not be in your best interests. For additional information about how long a personal injury case takes see the blog “How Long Will My Personal Injury Case Take?”.
Who will pay for my medical expenses if I am injured in a motorcycle crash?admin2023-02-24T19:52:26+00:00
All medical costs should be paid for by your personal health insurance. Any co-pays that are required will have to be paid by you at the outset. If you are uninsured, depending on your income, you may apply for emergency Medicaid. If you are uninsured and make too much money to qualify for Medicaid, you should apply for health insurance immediately.
Andy: Who will pay for my medical expenses if I’m involved in a motorcycle accident.
George: In New York, there’s a no fault law, but it does not apply to motorcycles. So typically in a in New York and a car accident case, the insurance the automobile insurance would pay for those medical expenses, but not in a motorcycle case. Private health insurance has to be used to pay for any medical expenses in a motorcycle crash case. Now, if the person doesn’t have health insurance, then they’ll have to either pay it out of pocket while the personal injury case is pending or depending on their income, if they don’t make a lot of money, they may qualify for Medicaid and in fact, emergency Medicaid could kick in and it would look back 90 days to see if you know, what expenses were incurred as a result of the motorcycle crash case. The other option is to immediately apply for health insurance, but it would be private health insurance, and that that private health insurance wouldn’t kick in until the date that you receive the coverage, unlike the Medicaid, which would be emergency Medicaid and would look back 90 days. So motorcycle crash case, private health insurance. If you don’t have private health insurance, apply for emergency Medicaid to see if you qualify, You may have to pay it out of your own expense or out of your own pocket or apply for regular health insurance as soon as possible. Thanks for watching. Hopefully this video is helpful. If you have any additional questions, please feel free to give us a call at 844-Recover or visit our website at WWW.LAWYERS4THEINJURED.COM.
Why should I incur costs when the accident was not my fault?admin2023-06-09T13:25:23+00:00
You shouldn’t. But in the short term, until a personal injury lawsuit can be finalized, unfortunately these are costs that must be paid by you. With a successful personal injury claim, your out of pocket costs can be reimbursed. Until then, please make sure you continue to pursue all medical treatment which will help your personal injury lawyer prove the full extent of your injuries.
Does “no-fault” apply to accidents involving motorcycles?admin2020-07-08T18:56:52+00:00
No. No-Fault is excluded from accidents involving motorcycles. Therefore, if you have medical expenses as a result of a motorcycle accident, the bills should be submitted to your personal health insurance.
What if I can’t go back to work after my motorcycle crash?admin2020-07-08T18:56:32+00:00
Sadly, many people who are involved in motorcycle crashes have such serious injuries that their lives and working careers are forever altered. In these cases, it is crucial to pursue a claim against all potential defendants to receive the maximum amount of money for your pain, suffering, emotional damages and lost wages.
Is there any fee to meet with a lawyer about my motorcycle accident case?admin2020-09-18T17:09:50+00:00
No. Typically, there is no charge for your consultation with an accident attorney. In fact, in NY, traditionally when you hire a personal injury lawyer to handle your claim, you will not be required to pay any money to retain or hire the lawyer. Rather, these types of cases are often handled on a contingency fee basis which means your lawyer is only paid a legal fee if the case is successful.
How will a lawyer handle my motorcycle accident case?admin2020-07-08T18:55:34+00:00
After contacting a lawyer, the lawyer should conduct a full investigation as to how and why the crash occurred. This includes speaking with witnesses, obtaining the police investigation, obtaining photographs, considering all possible claims and theories of liability against any potential defendant, dealing with the insurance company for the persons who injured you, and filing a lawsuit if the matter cannot be resolved by way of a settlement. While the best personal injury lawyers should prepare you and your case for a trial, the best lawyers also work hard to obtain a settlement for you to consider.
Do I need to report the accident to the department of motor vehicles?admin2020-07-08T18:55:04+00:00
If there is damage caused to a vehicle in excess of $1,000, or if someone died in the crash, a DMV accident report is required to be filed within 10 days of the accident. It is recommended that you speak with an attorney before completing and submitting the form.
Do I have to suffer a “serious injury” to sue the person who hit me if I’m injured in a motorcycle accident?admin2020-07-08T18:54:28+00:00
Yes, if you have Supplemental Underinsured Motorist (SUM) Coverage on your motorcycle policy. Under the terms of your SUM Policy, you will receive additional protection in the event the driver who hit you has a bad policy. In other words, if for example, the driver who hit you has only a $25,000 policy, but you have a SUM policy that has, for example, a coverage limit of $100,000, you can pursue the difference between these two policies, totaling $75,000, from your own policy.
You have the right to a trial by jury or by the judge who will act as both judge and jury
At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision
Recent Verdicts & Settlements
Bicycle Accident Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.
Nursing Home Negligence An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.
Worksite Injury Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.
Automobile Accident Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.
Worksite Injury Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.
Worksite Injury Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.
Negligent Assault Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body. He also suffered from short and long term memory deficits and other cognitive deficits.
Medical Negligence Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.
Federal Employers Liability Act/FELA Plaintiff suffered a significant back injury while working for CSX.
Farm/Tractor Accident The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.
Wrongful Death Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.
Vicki Testimonial Transcript Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.
Laurie Testimonial Transcript George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.
Jules Testimonial Transcript What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.
Chuck Testimonial Transcript Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.
“Dear Andrew and George,
I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….
“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….
“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….
“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life…
“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…
“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….
Thank you all for your kindness and all your help in getting back to my wellbeing and life. I could not have done it without you all. Everything is going so well again. I recommend you highly. Thanks Again!”
Thank you so much for everything you have done for our son over the last three years. This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!
“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….
“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….
“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….
Thank You so much for answering my question, and so expediently!
The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…
“The staff at LaMarche Safranko Law took care of whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service was very, very good and I would Highly recommend them.”
“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor. George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…