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NY Motorcycle Accident Lawyers

ny motorcycle accident lawyers

Motorcycle accident attorneys represent bikers who are injured by negligence proving their innocence in and out of court, and maximizing compensation for their injuries, pain, suffering, and other damages. If you or anyone you know has been injured or killed in a motorcycle accident within the Greater Hudson Valley or New York City, you may be eligible to receive compensation to cover any and all related damages. Call a motorcycle accident lawyer at Sobo & Sobo at 855-468-7626 or contact them online for a free consultation. Ask them how they can help you build a successful lawsuit and maximize your settlement.

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Determining Fault in Motorcycle Accidents

New York state has a no-fault law for any car accident. This means that insurance companies must pay for all lost earnings, incidental costs, and medical expenses directly relating to car accidents. However, this law does not apply to motorcycle accidents. This is because many states, including New York, see motorcycles as inherently more dangerous than regular automobiles.

As a result, all motorcyclists are required to carry their own private insurance anytime they ride. This will protect them from having to pay out-of-pocket for any exorbitant medical expenses. That being said, New York state law does make a few allowances for motorcycle riders.

An example of this is that motorcycle riders in New York aren’t subject to the “serious injury threshold” that automobile drivers are. Examples of “serious” injuries include broken bones, lacerations, internal bruising, and any other injury that prevents victims from working and maintaining their quality of life prior to the accident. 

This threshold was written to prevent New York drivers from making claims or proceeding with a lawsuit when they don’t have serious injuries. However, since motorcyclists are exempt from this threshold, they can press claims whenever they are injured, even if their injuries are minor. 

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Statute of Limitations for Motorcycle Accident Lawsuits

New York State law puts a time limit on when an injured motorcyclist can file a personal injury lawsuit against the person who caused the crash, called a statute of limitations. In any personal injury case, the statute of limitations is three years from the date of the accident.

When a motorcycle accident results in a fatality, a wrongful death suit may be filed on behalf of the deceased’s estate. Here again, there is a statute of limitations, which is two years from the date of death. In this case, New York law does not go by the date of the accident. The deceased might not have succumbed to his or her injuries immediately after the crash.

Rather than accept compensation offered through insurance, it is recommended that injured parties first consult with a motor vehicle accident lawyer. Filing a personal injury lawsuit typically results in settlement amounts many times larger than what insurance offers to help with a victim’s pain, suffering, and other damages.

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How to File a Motorcycle Injury Lawsuit

New York motorcyclists must abide by several laws in order to successfully initiate a lawsuit. To file a claim, you will first need:

  • A legal license to drive a motorcycle in the state of New York
  • Proper vehicle registration
  • A certificate of inspection for every 12 months
  • And proper liability insurance.

Once you have these documents ready, you will need to search for a trustworthy motorcycle accident attorney in your area. They will tell you if any additional documents are needed, and handle the majority of the legal process for you to minimize errors and delays.

Contact a New York Motorcycle Accident Lawyer

If you or someone you know was injured in a motorcycle accident due to an act of negligence, contact the motorcycle accident attorneys at Sobo & Sobo online for a free consultation, or call 855-GOT-SOBO. At Sobo & Sobo we have over 50 years of experience helping victims win settlements for motorcycle accidents across the Hudson Valley and New York City.

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Motorcycle Accidents in New York: State Statistics

  • 56% of all motorcycle rider fatalities are operators under 35 years old
  • Almost 100% of motorcycle fatalities are male
  • Most accidents involve both a motorcyclist and another motor vehicle at fault—not only the motorcycle operator
  • Most motorcycle crashes in New York occur on city streets, and in densely-populated areas in the Hudson Valley, such as Newburgh, rather than on highways or rural roadways