Helping Motorcyclists Fight For Justice After An Accident
Last updated on August 17, 2023
Motorcyclists are at a large disadvantage compared to other vehicles on the road. Without the solid body of a car around you, an accident can have devastating consequences. At Rutberg Breslow Personal Injury Law, our Poughkeepsie motorcycle crash attorneys can help you fight for the compensation you deserve after your accident.
When you work with us, we will take the time to get to know you and your case before advising you on your rights and next steps. With over a century of combined experience, we have a strong reputation in the community for our focused and diligent personal injury representation.
Understanding Motorcycle Accidents And Their Causes
There is a scientific phenomenon called “looked-but-failed-to-see” (LBFTS). This is a common cause of car vs. motorcycle accidents in New York and nationwide. Other common causes of motorcycle accidents include distracted driving, visibility problems and reckless driving. Crashes due to poor road conditions and other vehicles making turns without properly looking are also accidents commonly seen in New York.
Establishing Liability In Motorcycle Accident Cases
Just like with other personal injury and motor vehicle accident cases, the first step of your case is to establish liability and identify the at-fault party. To establish liability, you must prove that someone else’s negligence or reckless behavior caused your accident and injuries.
In motorcycle accidents, eyewitness accounts and police reports play a large role in establishing liability. The more evidence you collect at the scene of the accident, such as photos and videos, the easier it is to prove fault.
Types Of Injuries From Motorcycle Accidents
Because motorcyclists do not have the body of a car or truck around them, injuries from accidents can be much more severe than in accidents between two cars. Common physical injuries include road rash, broken bones, traumatic brain injuries and spinal injuries.
Motorcyclists may also face post-traumatic stress disorder and anxiety after their accident. Depending on the severity of your injuries, you may require long-term rehabilitative care.
The Legal Process For Motorcycle Accident Claims
With over 100 years of combined experience, our lawyers have vast experience assisting injured motorcyclists after their accidents. We understand how overwhelming the legal process can be and ensure that we take the time to explain all legal options and steps so that our clients are comfortable. We will help you with every step, from gathering evidence to presenting your case in court. In New York, you only have three years to file a personal injury claim after an accident. It is vital that you get started on your case as soon as possible.
Seeking Compensation For Damages
There are several types of losses or “damages” you may experience in a motorcycle crash. Damages can be physical, such as a broken bone or road rash. Damages can also be economic, such as loss of income and the damage or destruction of your bike.
Every case is different, but some of the damages you may go after in your claim can include:
- Ambulance service after the crash
- All ER services and hospitalizations related to the injury
- All surgeries that you had to have because of the crash
- All your medical and therapeutic equipment and prescriptions
- All therapies: physical, occupational and psychological
- Your lost income
You may also recover noneconomic damages for emotional distress and mental anguish.
Dealing With Insurance Companies After A Motorcycle Accident
Many times, an insurance company will present an offer. It may appear to be robust at first. But all too often, the first offer presented is not enough to cover all medical care and economic losses. This is why working with a personal injury attorney is highly advised. We will take over communications and negotiations with the insurance company to help you avoid falling into the trap of accepting a settlement offer too early.
Litigating A Motorcycle Accident Case
Rutberg Breslow has been helping clients for over 40 years. With a solid foundation in personal injury law cases, and with a team of dedicated attorneys, we work assiduously to prove the negligence of those at fault. Decades of experience means we know what your injury is worth. We have the skills and ability to negotiate a fair deal or to take your motorcycle accident case to court. As a team of attorneys with a practice devoted to personal injury cases, our aim is to maximize your compensation, whether that be through litigation or settlement negotiations.
Settlement Vs. Trial: Making Informed Decisions
After your accident, you will start to receive calls and other communications from insurance companies trying to settle your claim. While their offer may be tempting, we always advise clients to first speak to an attorney to determine what your options are. The offer the insurer presents you may not cover all of the damages and costs associated with your accident. While accepting would mean that you get your money sooner, you could receive much less than you deserve.
The Skilled Legal Guidance You Need After A Motorcycle Crash
We know you may be dealing with a mountain of paperwork, claims and information after a motorcycle accident. You likely have questions about how to answer questions and how to figure out who was at fault. We offer a completely free consultation to injured motorcycle drivers and passengers.
Visit our office in Poughkeepsie or call us at 845-846-8120. We are prepared to take on these cases immediately. You can also reach our team via our online inquiry form.