Serious injury is an all too common result when motorcyclists are involved in
vehicle accidents. This is so for obvious reasons. Motorcyclists are not protected by seat
belts, airbags, or a steel “cage” surrounding the driver,
as is the case with cars or trucks. Motorcyclists are often harder to
see on the road because their “profile” is slim as compared
to cars and truck, this is especially true at night. Our experienced
Newburgh motorcycle accident attorneys have even seen serious
personal injuries caused to motorcyclists by a seemingly innocuous collision such as a bumper tap.
Residents of Newburgh and the Mid-Hudson Valley have also probably seen
on television, newspaper, or even in person the horrific consequences
of motorcycle accidents which can be physically, emotionally, and financially
overwhelming for the victim and the victim’s family. The vast majority
of these Newburgh motorcycle accidents could have been avoided.
Pause to reflect on the fact that the majority of these crashes are the
result of other motorists failing to yield the right of way to the motorcycle.
Many of the accidents are caused by left-turns by the other driver who
fails to competently assess the speed and distance of the oncoming motorcyclist.
This results in the motorcyclist being unable to stop and slamming into
the side of the turning vehicle.
If you or a loved one has been the victim in a Newburgh motorcycle crash,
you have a right to hold the party who caused the accident responsible
for any number things. You could recover the money spent on past emergency
care medical care, physical therapy, surgeries, and even for future medical
care you have not received yet. Your pain and suffering is another important
aspect of your case for which you may be compensated. Have you lost wages,
the ability to earn future income, or lost a spouse’s income? Was
your property damaged? And any number of other things can be recovered
from persons who negligently caused you harm.
Even if you believe that you were partially at fault for the accident,
you still may be able to receive compensation for your injuries. New York
is called comparative fault state. This concept may allocate compensation
in proportion to the degree their conduct contributed to the accident.
For example, if the injured party is said to have been 20% responsible
for the accident, then that party will have their compensation reduced
by 20%. Thus, even if you believe you may have contributed to your injuries
it is still imperative to contact an experienced Newburgh motorcycle accident
attorney to ensure your rights are protected and you get the maximum amount
of compensation you deserve.
As I am sure that you are well aware, insurance companies get involved
quickly after a collision has occurred. You may be tempted to talk to
the other motorist’s carrier, offer a recorded statement, or maybe
even be tempted to accept a quick settlement from their adjuster. Be warned,
the adjuster only wants to limit liability to the company and is not concerned
with fully investigating the true extent of your injury and financial
loss. Settling the claim quickly and before seeking the guidance of an
attorney will forever bar you from seeking additional compensation should
you sign a release absolving the company from further liability. Always
seek competent legal representation before you settle or even discuss
your accident with an insurance carrier.
Also, don’t be afraid to contact an attorney or commence a lawsuit
if you weren’t wearing a helmet at the time of your accident. You
might have your compensation reduced under the theory of comparative fault,
as was mentioned above, but you won’t be barred from seeking compensation.
There is a complicated evaluation of the damages you sustained minus the
would havesustained if you were wearing a helmet. This must be done by a medical
expert or crash reconstructionist, both of which a resourceful Newburgh
motorcycle accident attorney will have retained for your case.
Of course, all of this discussion focused on your rights after an accident
occurs. But it is important to protect yourself in the event of a future
accident. With that in mind, always make sure to have proper health insurance
or purchase SUM, because New York’s No Fault benefits will
not apply in motorcycle accident cases. Also make sure to have collision insurance
as well as either
uninsured motorist or
supplemental underinsured coverage. And lastly, always report an accident to your insurer. Policies require
prompt notification and insurers may disclaim coverage if your fail to
timely notify them of an accident.
Our motorcycle accident attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.