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Motorcycle Accidents

Lawyers for Motorcycle Accidents

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While you may love the thrill of riding on a motorcycle, you cannot deny that getting around New York City on the vehicle presents unique hazards. If another driver hits you, you deserve to work with the best motorcycle accident lawyer to protect your legal rights and help you recover all the damages you need to get back to your daily life. If you or a loved one sustained a minor injury or something more serious in a motorcycle collision, turn your case over to a dependable and committed motorcycle accident attorney.

Establishing Fault in Motorcycle Accidents

Much like accidents involving passenger cars, injured parties bear the burden of proof in motorcycle collisions. Accident victims must prove the at-fault party showed negligence, which caused the collision. Motorists may become negligent when they drive carelessly and injure motorcycle riders. Neglecting to follow the rules of the road and look for riders may trigger avoidable accidents. If that happens, injured parties deserve compensation for their harm and damage to their bikes from other drivers.

Most motorcycle crash attorneys in New York City agree that motorists often bear the blame for motorcycle accident injuries. Maybe the driver looked down at her or his phone and failed to see a motorcyclist, or perhaps the driver blasted through a red light and hit someone on a motorcycle. Riders owe a duty of care to others, too. That means they should not ride on a motorcycle while intoxicated or engage in reckless behavior.

Proving Negligence

Negligence claims involve four elements. Injured parties must show that:

  1. The at-fault party owed the injured party a duty of care.
  2. The at-fault party failed to uphold the duty of care and did not conduct her or himself the same as a reasonable person would.
  3. The at-fault party’s actions caused the injured party direct harm.
  4. The injured party suffered losses or injuries. Motorcyclists must prove their damages and that they suffered harm. If they cannot, they likely cannot recover damages. Even if a motorist showed negligence, harmed motorcyclists do not receive compensation without viable proof of losses or injury. In the case of fatal motorcycle accidents, the family of the victim may be able to recover damages as well.

Common Causes of Motorcycle Crashes

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Understanding common reasons motorcycle crashes happen may help build a case and establish fault. One prevalent reason is when cars make left-hand turns and hit cyclists because drivers do not pay attention, or they speed through turns. Even then, motorcyclists have a responsibility to obey posted speed limits and traffic lights.

Even low-speed collisions on a motorcycle may lead to a serious motorcycle crash causing severe injuries. Motorcycles lack much of the protection a standard car provides. Cycles also do not have airbags, which could turn head-on collisions into fatal crashes.

Gravel on pavement, uneven roadways, and railway tracks are road hazards that may contribute to a motorcycle accident. These unexpected obstacles can trigger crashes.

Because of their small size, motorcycles zip between passenger cars easily. While a convenient and quick way of getting around, lane splitting may put a biker’s life at risk. Other vehicles do not expect the more compact motorcycles to flash by them in slowed or stopped traffic, so they may not look for them, often leading to fatal accidents.

Motorcyclists may also bear the blame for their injuries. Riders must wear a motorcycle helmet, refrain from using illegal substances while riding, and they should not speed.

How the Best Motorcycle Accident Lawyer Determines a Case's Value

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After enduring a motorcycle accident, many victims want to know their case’s worth. The two most essential elements are damages and liability. Damages involve losses and injuries suffered because of the accident, such as medical bills and lost wages. Liability refers to the party who bears the blame for the injured victim’s injuries and losses.

Our legal representatives also consider a case’s trial value and settlement value. Trial value refers to how much a person stands to win at a trial, and settlement value represents how much a person stands to win from a settlement offer. Usually, trial value exceeds settlement value because most at-fault parties would rather not risk losing a trial, so they make a settlement offer.

Damages fall into economic and non-economic categories. Economic damages include lost earning capacity, medical treatment costs and employment benefits. An example of non-economic damages is pain and suffering. The best motorcycle accident lawyer may use medical bills and pay stubs to calculate economic damages, but you cannot determine the value of your mental anguish so easily.

Schedule a Free Consultation Today

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Motorcycle riders involved in crashes deserve justice for suffering harm because of a negligent driver. Let a motorcycle accident attorney review your case and help you determine how much compensation you could receive. To schedule a free consultation with knowledgeable motorcycle crash attorneys in New York City from the law firm of William Schwitzer & Associates, submit a Contact Us form or call 212-683-3800.