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, Newburgh, 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 appropriate parties.

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.

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