Motorcycle Accident Lawyer: Will You Need One?

Motorcycle Accident Lawyer: Will You Need One?

Steven Schwartzapfel -Founding Partner Nov 28, 2022

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

Motorcycle accidents are an all too common occurrence in New York City. This is due, in part, to the constantly crowded roadways, the inherently high risk of riding a motorcycle, and other factors. Many motorcycle riders are independent and may feel that they don’t need a lawyer to represent them during a lawsuit, whether they’re accused of negligence or are trying to recover damages from an at-fault party.

In truth, motorcycle accident lawyers can be beneficial in more ways than one. Today, let’s break down when you might need a motorcycle accident lawyer on your side and why you should hire one if ever you are involved in a motorcycle accident.

For more information on motorcycle accidents and your rights, please contact Schwartzapfel Lawyers at 1-800-966-4999. Day or night, seven days a week, you will be able to speak with an expert motorcycle accident attorney who can answer your questions and help with your personal injury claim.

The Impact of Motorcycle Accidents

Motorcycle accidents are often more dangerous and deadly than other kinds of auto accidents. Why? Simply put, motorcycle accidents always involve at least one rider who is more exposed than others involved in the accident.

For example, imagine that a motorcyclist gets in an accident with a regular four-door sedan. While the passenger in the sedan may be injured, the motorcyclist is at greater risk to suffer severe injuries since he or she will not be protected by their motorcycle or several inches of steel. The likelihood of injuries goes up if the motorcyclist isn’t wearing proper safety gear, as well.

Because of this, New York classifies motorcycles as “inherently dangerous” compared to other motor vehicles like traditional cars and trucks. Motorcyclists must be very careful when driving on New York City’s busy roadways, especially in inclement weather or when there is heavy traffic.

Because of safety issues, motorcycle accident injuries can include but are not limited to:

  • Broken bones (e.g. fractures of the legs, arms, shoulders, hips, ankles)
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries, which often lead to paralysis or loss of ability
  • Leg injuries motorcycle collisions frequently lead to leg injuries for the knees, hips, and feet due to their exposed locations)
  • Arm injuries
  • Road rashes, which may require extensive medical treatments and which can be very painful
  • Degloving, which is a severe injury where a massive section of skin is removed. Some degloving injuries can be fatal or require serious surgeries or skin grafts
  • Internal organ damage
  • External cuts, internal bleeding
  • Death

Any or all of these injuries can lead to exorbitant medical bills that require motorcyclists to pay much more than what their insurance is willing to cover.

This is why if you or a loved one has been involved in a motorcycle-related accident, you should consult with an experienced personal injury attorney right away. To do this, dial 1-800-966-4999 and speak with a Schwartzapfel Lawyersrepresentative now.

Common Causes of Motorcycle Accidents

Motorcycle accidents often occur due to the same root causes commonly attributed to other auto accidents. These can include but, unfortunately, are not limited to:

  • Distracted driving by either a motorcyclist or an automobile driver (e.g. driving while on the phone or driving while texting)
  • Driving or riding during unsafe conditions such as stormy weather or while roads are icy
  • Driving or riding under the influence of drugs or alcohol
  • Driving or riding without proper safety equipment. (Note: Motorcyclists should always ride with a helmet and leather clothes at a minimum)
  • Failure of one party to yield the right-of-way to another
  • Pedestrian distractions
  • Unfinished roadwork

In many cases, the cause of a motorcycle accident will help legal officials determine who is ultimately liable for damages and compensation to victimized parties. Here, as with most personal injury claims, having an expert motorcycle accident lawyer at your side — fighting for you — can greatly enhance your chances of receiving the money and benefits you are entitled to by law.

When Do You Need a Motorcycle Accident Lawyer?

Motorcycle accident and personal injury lawyers can maximize your chances of receiving significant compensation and benefits as a victim of a motorcycle-related accident…

Call Schwartzapfel Lawyers at 1-800-966-4999 to speak with an attorney about your specific case. It is our honor and privilege, 24/7, to assist you in any way we can.

To Negotiate With Insurance Companies

First, please know: any motorcycle accident attorney worth his or her salt will be able to help you negotiate a better outcome with your insurance company. Next, because New York State classifies all motorcycles as inherently dangerous, motorcyclists don’t have the same insurance benefits as automobile drivers.

Generally, New York citizens operate under no-fault laws for motor vehicle accidents. This means that insurance companies, rather than involved parties, have to pay for medical expenses, damages, and so on. However, these laws typically don’t apply to motorcycle accidents.

As a result, all NYS motorcyclists must carry private insurance to protect themselves in the event they are injured during an accident or if their property is damaged or destroyed. Because of this constant liability, motorcycle insurance companies may try to deny or downplay claims to damages, forcing you to pay out-of-pocket for medical bills or repairs to your motorcycle.

Don’t let insurance companies do this to you. Instead, hire an experienced motorcycle accident lawyer who can negotiate with insurance companies on your behalf and ensure that you get the payout you deserve.

To Defend Yourself From Accusers

Alternatively, motorcycle accident lawyers can be very beneficial if you are accused of negligence or of causing a motorcycle accident. For example, if you and another motorcyclist are involved in a collision on a New York City roadway, the other motorcyclist could try to put the blame for the accident on you.

If you cannot defend yourself, you may be forced to pay for their medical bills or other damages even if you aren’t guilty.

Legal professionals like motorcycle accident attorneys can help you mount an effective defense and prevent you from having to pay exorbitant and unnecessary damages. They’ll gather evidence on your behalf, present the evidence convincingly to the judge, and point out flaws in the other party’s story.

To learn more, please call or visit Schwartzapfel Lawyers today. It won’t cost you a thing and may save your tomorrow.

To File a Motorcycle Accident Lawsuit

Should you choose to file a motorcycle accident lawsuit, motorcycle accident lawyers can prove more than beneficial. In effect, they can mean the difference between victory and defeat.

For instance, if you or a loved one has been injured in a motorcycle accident, your medical bills could be too high for you to cover with your insurance payout and savings. Here, the at-fault driver or negligent party should be on the hook to help you cover these costs.

With experienced New York motorcycle accident attorneys on your side, your case will be more successful and likely to yield as much compensation as possible.

In a nutshell, well-versed motorcycle accident attorneys can:

  • Gather the right kind of evidence (e.g. police reports or eyewitness accounts) to show the judge who is ultimately liable for your damages
  • Present evidence convincingly in court
  • Stand by your side throughout the lawsuit process so you don’t have to bear these burdens alone
  • Explain and simplify legal processes for you to ensure that your lawsuit is filed on time

Can You Represent Yourself?

While you can represent yourself in a motorcycle accident lawsuit on either side of the aisle , this kind of representation (i.e. “pro se”) is not recommended.

In the aftermath of a motorcycle accident, you might have injuries that make it difficult to appear in court, collect evidence, or represent yourself effectively before a judge. By representing yourself, you will forgo the legal knowledge that licensed attorneys have amassed over many years — in school and in practice.

All in all, it is much better to hire highly reviewed motorcycle accident lawyers for a lawsuit, whether you are the one pressing the lawsuit or defending yourself in an action. Furthermore, motorcycle accident lawyers should not charge you a fee unless your side wins the accident case. In this sense, your attorney will only win if you win as well.

Rather than representing yourself, we suggest contacting Schwartzapfel Lawyers at 1-800-966-4999.

What Damages Can You Receive From a Motorcycle Accident Lawsuit?

Normally, New York automobile drivers are not allowed to sue other drivers for personal injuries unless they reach what has been termed a “serious injury threshold.” Because motorcycles are considered more dangerous than the average driver, however, motorcyclists aren’t subject to the same standards.

Instead, you can present a charge and bring a lawsuit against another driver. Even if your injuries are relatively minor, this can allow you to receive damages for:

  • Past and future medical bills
  • Loss of income if you have to take time off work
  • Loss of pension and/or annuity
  • Loss of ability if your injuries are debilitating to some extent
  • Loss of health and/or social security benefits

The eventual compensation amount will depend heavily upon the facts of your case, the circumstances surrounding the accident, and the strength of your legal team. Accordingly, the monetary compensation for motorcycle accidents can range from hundreds to millions of dollars.

Nevertheless, you can rest assured that anyone accused of negligence will have their own legal experts on hand to defend them against accusations. As such, if you wish to ensure that you receive the maximum compensation for your medical bills, rehabilitation costs, as well as the pain and suffering you have experienced, hiring an expert motorcycle accident attorney is likely your best course of action.

Summary

Motorcycle accidents can be debilitating, and many victims require damages from the at-fault or negligent party in an accident. Please, don’t let New York’s motorcycle accident laws go to waste — use them to make sure you receive all the money and benefits you are entitled to so that you may recover and get back to living your best life.

But know: You don’t have to go through the lawsuit process alone. Schwartzapfel Lawyers is an elite law firm with over 150 years of combined experience as well as hundreds of successful motorcycle accident cases under our belt. More than that, we treat each of our clients like family and will fight tirelessly for you until you and your case succeed.

Best of all, we won’t charge you a dime unless we win. So, please, protect yourself today by preparing for tomorrow. Contact us at 1-800-966-4999for your free consultation.

Sources:

Executive Summary The New York City Motorcycle Safety Study is a comprehensive study which examines the state of motorcycle safe | NYC.gov

Do You Need Motorcycle Insurance? | Nationwide

Injury Patterns and Severity Among Hospitalized Motorcyclists: A Comparison of Younger and Older Riders | NCBI

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