Motorcycle Accident FAQ
Consult with a Kingston Motorcycle Accident Lawyer
Being injured in a
motorcycle accident can be one of the most frightening, painful, and confusing experiences
of your life. Who will pay for your medical bills? Who is liable for your
crash? What legal options do you have? To help clear up some confusion,
our Kingston motorcycle accident attorneys have answered some of the most
frequently asked questions about motorcycle accidents in New York. We
have offices conveniently located in Ellenville, Kingston,
Poughkeepsie, and New York City.
Have a question that is not answered here? Call our office at (845) 340-4878 or
contact us online today.
I’ve Been Injured – What Should I Do?
Your first priority after your collision should be to seek medical attention
immediately. Even if you do not feel any pain and feel more or less fine,
it is quite possible that your injuries have delayed symptoms and can
worsen over time. A doctor will be able to identify all injuries you may
have sustained and protect you against further harm.
Next, take photographs of the crash scene, your injuries, and any damage
to your motorcycle. This information will be invaluable when filing your
claim and will help to prove that your injuries were indeed the result
of your accident. Keep all bills, invoices, and receipts of expenses that
you incur due to your accident, including repair estimates, medical bills,
prescription drug receipts, and copays. Finally, it is urgent you contact
a skilled motorcycle accident attorney as soon as possible to find out
if you have grounds to pursue compensation.
What Damages Can I Recover?
Generally speaking, New York motorcycle accident lawsuits can provide
injured parties with financial reimbursement for medical bills, rehabilitation
costs, lost present and future income, pain and suffering, emotional distress,
and property damage. In rare situations where an at-fault driver engages
in some form of egregious misconduct or disregard for the safety of others,
punitive damages may also be awarded.
Who is Liable for My Injuries?
Depending on the circumstances surrounding your collision, another driver,
motorcycle rider, motorcycle manufacturer or part manufacturer, or municipality
may be liable for your injuries. An attorney from our firm can examine
the evidence of your crash and help you pursue legal action against the
I Was Not Wearing a Helmet – Can I Still Recover Compensation?
Under New York law, all motorcycle riders and passengers are required
to wear helmets that comply with federal regulations. If you were not
wearing a helmet at the time of your collision, you will likely still
be able to recover compensation, though at a reduced amount. This is due
to New York’s “comparative negligence” laws, which apply
when a plaintiff is partly to blame for their injuries.
Do I Need to Report My Accident to Police?
In the state of New York, any traffic collision that results in injury,
death, or property damage in excess of $1,000 must be reported to police.
Even if your collision caused less than this amount, it is still a good
idea to get police involved and make an official written report of the
incident. The information in this report can be invaluable later on when
determining fault for the crash.
Should I Hire an Attorney?
Pursuing compensation after a motorcycle collision can be an uphill battle,
especially when considering issues such as traffic laws, motor vehicle
regulations, liability, and the applicability of insurance coverage. An
attorney can sort through these issues on your behalf and fight to maximize
your potential settlement, allowing you to focus on your recovery with
peace of mind.
At Mainetti, Mainetti & O’Connor, our highly-trained Kingston
motorcycle accident attorneys can answer all of your questions and provide
the strong legal guidance you need to ensure your rights are protected
during this time. Having recovered numerous six- and seven-figure verdicts
and settlements on behalf of injured riders, our team of seasoned litigators
have what it takes to maximize your chances of achieving the results you need.
To find out more about how we can assist you,
schedule a no-cost, no-obligation case review today.