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 in New York, New Jersey or Chicago, IL, 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.
Determining Fault in Motorcycle Accident Lawsuits
Fault is determined differently in motorcycle accident cases than other types of motor vehicle accidents. The differences depend on variables including state-specific laws, and the severity of injury.
For example, some states like New York have no-fault laws 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.
Other states, such as Illinois, have “at-fault” laws in place for determining traffic accident liability. “At-fault” states require only the party found at least 50% guilty of causing the crash to cover the damages of every other party involved in the accident.
*Exceptions to New York’s Serious Injury Threshold
New York state law makes a few allowances for motorcycle riders in determining fault and the amount of money owed in a lawsuit. 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.
Statute of Limitations for Motorcycle Accident Lawsuits
Every state has its own time limit for filing a motorcycle accident injury claim, called statutes of limitations. The time period begins on the date that a person was injured, or diagnosed with an injury after an accident. Failure to file a claim within this time period will result in the lawsuit being rejected.
Each state has different statutes in place depending on the type of claim being filed, the severity and types of injuries sustained, and other factors unique to each case.
For example, New York’s statute of limitations for personal injury claims gives clients three years to file a motorcycle accident lawsuit, whereas Illinois’ statutes give victims only 2 years to file a claim. However, both New York and Chicago’s wrongful death statutes give clients two years to file a wrongful death claim.
In any case, it is recommended that anyone concerned about how their state’s statutes of limitations apply to them speak with an experienced injury lawyer that is familiar with these time limits, laws and terms. They may also be aware of how certain exceptions to these statutes may be made under certain circumstances.
Wrongful Death Claims for Motorcycle Accident Fatalities
When a motorcycle accident results in a fatality, a wrongful death suit may be filed on behalf of the deceased’s estate. In most states 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.
How to File a Motorcycle Injury Lawsuit
Motorcyclists must abide by several laws in order to successfully initiate a lawsuit. To file a claim, you will first need:
- A state-issued license to drive a motorcycle
- 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 Motorcycle Accident Attorney
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 New York, New Jersey and Chicago, IL.
National Motorcycle Accident 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 the US occur on city streets, and in densely-populated suburban areas