Riding a motorcycle can be incredibly exhilarating and rewarding, but unfortunately, motorcycle accidents are very common. Motorcyclists are less visible on the roads, more exposed, and more prone to catastrophic injury than drivers in passenger vehicles.
Reid Wissner has years of experience helping victims of motorcycle accidents in New York obtain the compensation they deserve. If you are in need of a motorcycle collision lawyer, don't hesitate to call the Reid B. Wissner Law Offices today at 212-406-9288 for your free case evaluation.
How Common are Motorcycle Accidents?
Motorcycle accidents are common in the U.S. Several thousand people are killed in motorcycle accidents annually. According to the National Highway Traffic Safety Administration, in 2019, 5,000 people were killed in these crashes. Many thousands more are seriously injured. Unfortunately, motorcycle riders often get the unfair reputation of being reckless and causing these accidents. This assumption ignores the fact that the drivers of passenger cars and trucks can and do cause motorcycle riders to get injured in collisions, and not in small numbers. Motorcycle riders have the same right to the road as other motorists. If the driver of another vehicle acted aggressively, recklessly, or carelessly, and caused you to get in a crash, then you deserve maximum compensation and justice.
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What Are Common Causes of Motorcycle Crashes?
Motorcycle collisions can occur for a number of reasons, many of which involve the negligence of drivers in passenger vehicles. These can include:
- Texting
- Driving under the influence
- Eating or drinking while driving
- Not paying attention
- Speeding
Distracted driving is a main cause of motorcycle and car accidents. If you are on a motorcycle, you should always keep a safe distance from surrounding cars and watch for signs that a driver may not see you or may be distracted.
In addition to being aware of other drivers, motorcyclists need to be wary of road hazards that pose little threat to drivers of cars or trucks but can be devastating to someone on a motorbike. These can include:
- Potholes
- Fallen leaves
- Uneven lanes
- Loose gravel
- Puddles
Since motorcyclists face such a large risk of injury in even a minor crash, they need to be constantly alert and observant of everything going on around them.
Common Types of Motorcycle Accident Injuries
Injuries caused by a motorcycle crash are often severe, and can even be fatal. The most common types of personal injury to motorcyclists include:
- Brain injuries
- Spine injuries
- Burns
- Broken bones
Brain injuries can have life altering consequences, including long-term damage to cognition, memory, personality, mobility, language skill, and more. Wearing a helmet is one way to help prevent catastrophic brain injury in a motorcycle accident, and helmets can also help prevent death from brain injury.
In New York, motorcycle helmets are mandatory for both drivers and passengers on a motorcycle. Class A and B mopeds also require helmets. In addition to wearing a helmet, protective eyewear is required. New York motorcycle helmet laws are in place for your protection, as it has been shown that helmets dramatically reduce the risk of motorcycle fatalities.
What if I Was Hurt in a Motorcycle Accident Caused by a Dangerous Road?
It is possible you can hold the responsible party accountable, which could be a municipality, road designer, architect, or construction company. Proving the fault of the people responsible for the road can be more complex, so it is important to choose an experienced attorney. Reid Wissner can determine if a dangerous road contributed to the accident. Examples of how this could occur include:
- Failure to warn of sharp curves ahead
- A posted speed limit that is too high given the curves or shape of the road
- A weak or eroded road shoulder
- A road surface in an unreasonable state of disrepair
- Municipalities and architects will have powerful representatives, so it is important to choose an equally adept attorney to represent you.
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"Mr. Wissner and his team have been nothing but excellent throughout my entire experience dealing with them. Their professionalism and knowledge were beyond helpful during a difficult time in my life." - R.P.
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What Should You Do After a Motorcycle Accident?
Following a motorcycle accident in New York, you should immediately take the following steps:
- If someone is badly injured, call 911
- Exchange information with all parties involved
- Call the police
- Call your insurance, but do not admit fault
- Take photographs of everything relevant
- Call the Reid B. Wissner Law Offices
You may not think you need a lawyer after being in a motorcycle crash, but if you are injured in any way, medical bills and other expenses can quickly pile up. An experienced motorcycle crash lawyer can help you to obtain the maximum compensation from your insurance, which could help you cover:
- Medical treatment
- Prescription medications
- Rehabilitation
- Lost wages
- Lost earning potential
- Pain and suffering
If you accept your insurance company's first settlement offer, chances are very high that you will not receive the full compensation due to you. Insurance companies are in the business of making money, not helping people, and they will always try to pay you as little as they can.
When Should I Seek Help From a Lawyer After a Motorcycle Accident?
If you were injured in a motorcycle accident, you should seek legal assistance immediately. An experienced attorney will stop you from making mistakes early on that could impact your claim.
Our lawyer wants to hear your story. Your initial consultation is completely free of charge. You won’t have to pay a single penny to find out whether or not you have a personal injury case.
How Much Money Will I Get From My Motorcycle Accident Settlement?
Motorcycle accident settlements are based on your economic losses such as medical bills, property damage, and lost income. Non-economic damages, such as pain and suffering, also come into play. Often, the more serious and long-lasting your injuries, the higher the settlement amount. Of course, you should work with an attorney who can calculate the value of your case.
What Is the Average Payout From a Motorcycle Accident?
The median motorcycle injury verdict (following a personal injury trial) is around 73,700, according to data from Jury Verdict Research published by Thomson Reuters.
Keep in mind that this number does not have much bearing on the outcome of your claim. Factors such as your damages will determine the potential settlement amount in your situation.
Can I Sue if I Was Hit While Not Wearing a Helmet on My Motorcycle?
Most states allow you to file a motorcycle injury lawsuit even if you weren’t wearing a helmet. However, it can bring up complicated issues of fault and potentially impact your total recovery.
It is crucial to work with an attorney who understands the laws relevant to your case. Mr. Wissner is an experienced motorcycle accident attorney who has worked in New York for over 30 years. Request a free case evaluation today to learn how helmet use may impact your claim.
Who Can Be at Fault in a Motorcycle Accident?
Motorcycle drivers have an unfair reputation as risk takers who weave through traffic and cause collisions. In reality, most motorcycle accidents are the fault of negligent car and truck drivers.
Motorists often fail to detect and recognize motorcycles in traffic. Motorcycles are not as visible as other vehicles due to their small size. Drivers often collide with motorcycles when turning or changing lanes. Sometimes, these drivers are impaired, speeding, or acting recklessly.
Motorcycle accidents can also be caused by factors such as inadequate road maintenance. In those cases, the government (city, county, or state) may bear responsibility for the accidents.
New York is a no-fault state. However, fault can still come into play in some legal claims.
How Long Does a Motorcycle Accident Lawsuit Take?
As an injured motorcycle rider, you probably want to resolve the matter and move on with your life as soon as possible. We understand how frustrating and painful the situation can be. It’s important to be patient with the process while the Reid B. Wissner Law Offices pursue the best possible outcome to your case. Injury cases can stretch several months to over a year. It really depends on the circumstances, which are always unique. Mr. Wissner is a thorough and dedicated attorney, and he makes sure no stone is left unturned in building a case to pursue maximum compensation.
What Do I Have to Prove in a Motorcycle Crash Lawsuit?
As your attorney, Mr. Wissner will be proving that the crash that injured you was caused by someone else’s carelessness. As motorists, we all have certain duties and responsibilities to drive in a reasonably safe manner. A motorist who is negligent in fulfilling this duty of care can be held accountable by your lawyer.
How Long Do I Have to File a Motorcycle Accident Claim?
There is a certain amount of time after the crash in which you can file a claim. For injury claims, the time limit is a number of years, not days or weeks. Nonetheless, it is important to contact Mr. Wissner as soon as possible. He can determine whether you are eligible to file a claim and pursue compensation for your injuries.
Client Testimonial:
"Great experience with Reid B. Wissner, he did a great job on my case all the way until the end, will recommend him to anyone going through an injury case, he’s very dedicated!" - M.S.
Schedule Your Motorcycle Accident Free Consultation in New York
If you are in need of a lawyer after you or a loved one was injured in a motorcycle collision, call the Reid B. Wissner Law Offices today at 212-406-9288 to schedule your free consultation. We serve clients in Brooklyn, Queens, and the Bronx, New York.
