What Happens if I am Disabled After a Motorcycle Accident?

What Happens if I am Disabled After a Motorcycle Accident?

Motorcycle accidents can be life-altering, particularly when they result in permanent disabilities. The open nature of a motorcycle, while exhilarating for riders, leaves them vulnerable in the event of a crash. 

Unlike occupants of cars and trucks, motorcyclists don’t have the protection of seat belts, airbags, or a metal frame. This makes it far more likely that a motorcycle accident will lead to catastrophic injuries, including permanent physical or mental disabilities. 

For those who find themselves disabled after a motorcycle accident in New York, navigating the path to recovery, both physically and financially, can feel overwhelming. Insurance companies may attempt to minimize your claim, leaving you with insufficient compensation to cover medical bills, lost income, and ongoing care. 

This is where working with a dedicated and experienced motorcycle accident lawyer from William Mattar Law Offices can make a difference in your ability to secure maximum financial compensation.

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The Reality of Insurance Claims After a Motorcycle Accident

After a serious motorcycle accident, many individuals turn to their insurance companies to begin the process of recovering damages. However, the unfortunate truth is that insurance companies are not always on your side. They are for-profit entities that aim to minimize payouts wherever possible, even when an individual is facing life-altering injuries. 

Common tactics used by insurance companies to minimize motorcycle accident claims include:

• Disputing the severity of your injuries: Insurance adjusters may argue that your injuries aren’t as serious as you claim, or they might attribute pre-existing conditions to your current state.
• Offering low settlement amounts: Insurance companies often provide an initial offer that is far lower than what you need to cover your medical expenses and lost wages. They may pressure you to accept this offer quickly, hoping you don’t consult a lawyer before doing so.
• Blaming the motorcyclist: It’s not uncommon for insurance companies to imply or directly state that the motorcyclist was at fault for the accident. They may argue that you were speeding, not paying attention, or otherwise contributed to the crash, even if that is far from the truth. 

In the face of these challenges, having an experienced motorcycle accident attorney on your side can change the outcome of your case. A lawyer can fight to ensure that your injuries are properly documented, that you aren’t unfairly blamed for the accident, and that you receive compensation that reflects the full extent of your losses.

How a Motorcycle Accident Lawyer Can Help

If you’ve been disabled in a motorcycle accident, the motorcycle accident lawyers at William Mattar Law Offices can help protect your rights and maximize your compensation. Here’s how:

Investigating the Accident

By the time you’re reading this, you’ve likely already left the accident scene, sought medical treatment, and perhaps even filed a claim with your insurance company. While you aren’t responsible for investigating the accident yourself, you should work with a lawyer who can conduct a thorough investigation on your behalf. 

A lawyer can gather evidence, such as police reports, witness statements, and any available video footage, to build a strong case showing who was at fault.

Calculating Your Damages

A significant part of any personal injury claim involves determining the extent of your damages. This goes beyond just your medical bills. When you’re disabled due to a motorcycle accident, you may be entitled to compensation for:

• Medical costs: This includes both past and future medical expenses related to your injury. If you require ongoing care, such as physical therapy, surgeries, or assistive devices, these future costs need to be factored into your claim.
• Lost income: If your disability prevents you from returning to work, you may be able to claim lost wages or diminished earning capacity.
• Pain and suffering: Catastrophic injuries come with both physical and emotional pain, and you deserve compensation for this as well. 

An experienced lawyer can properly assess your damages, including the long-term impact of a disability, to maximize your claim.

Handling Insurance Companies

As mentioned earlier, insurance companies often try to minimize payouts by using various tactics. A personal injury lawyer who understands these tactics knows how to counter them. Your lawyer can handle all communications with the insurance company and ensure that you aren’t pressured into accepting a lowball settlement.

Bringing the Right Information to Your Consultation

When you meet with a lawyer to discuss your case, it’s helpful to bring certain documents and information, such as:

• Medical records detailing your injuries and treatments
• Documentation of your lost wages or diminished earning capacity
• Any correspondence with the insurance company, including settlement offers
• Police reports from the scene of the accident
• Photos of your injuries, the accident scene, and your motorcycle 

This information helps your lawyer build a strong case and determine if you have a viable claim.

High-Risk Roadways for Motorcycle Accidents in New York

William Mattar Law Offices can serve clients across New York, including areas like Buffalo, Rochester, Syracuse, Albany, and Long Island, all of which have particular traffic patterns and road types where motorcycle accidents tend to happen more often.

Urban Centers (Buffalo, Rochester, Syracuse, Albany, and Long Island)

In large urban areas, dense traffic and a mix of different types of vehicles increase the chances of collisions. Common high-risk zones for motorcycle accidents in these cities include:

• Intersections: Urban intersections are notorious for accidents involving motorcycles, often due to drivers making left turns without noticing an oncoming motorcycle. The sudden stops and starts in city traffic can also lead to rear-end collisions, which can be devastating for a motorcyclist.
• Heavily trafficked streets: In cities, busy streets like Niagara Street in Buffalo or Monroe Avenue in Rochester tend to have higher accident rates due to frequent lane changes, traffic congestion, and distracted drivers.

Interstates and Highways

Motorcyclists are frequently involved in accidents on interstates and highways because of the higher speeds and the need to share the road with large commercial vehicles and other fast-moving traffic. Some common routes include:

• Interstate 90 (I-90): Stretching from Buffalo through Rochester and Syracuse, I-90 is a heavily trafficked roadway that poses a risk to motorcyclists, especially in bad weather or high-speed traffic.
• Interstate 81 (I-81): This interstate serves central New York, including Syracuse. Its high volume of trucks and commuters creates a dangerous environment for motorcyclists, particularly when other drivers fail to check their blind spots.
• Interstate 87 (I-87): Passing through Albany and connecting to the greater New York City area, I-87 is a major north-south route. Motorcyclists on this highway face risks from speeding vehicles and congested traffic near city exits.

Rural Roads and Scenic Routes

Motorcyclists often enjoy riding on New York’s scenic rural roads, particularly in areas like the Finger Lakes, the Adirondacks, and Hudson Valley. However, these roads can present hazards:

• Narrow lanes and sharp curves: Many rural roads are narrower and have more twists and turns, making it harder for drivers in other vehicles to spot a motorcycle coming around a bend. Roads like Route 17, which runs through much of the southern part of New York State, or Route 104 near Rochester have seen motorcycle accidents due to these challenging conditions.
• Limited visibility: Scenic routes may offer beautiful views but often lack streetlights or sufficient signage, making them particularly dangerous for motorcyclists, especially at night or during poor weather conditions.

Tourist and Recreational Areas

Areas with higher volumes of tourist traffic can also pose increased risks to motorcyclists. Long Island, for example, sees a rise in traffic around popular destinations like the Hamptons, Montauk, and Fire Island. Tourists unfamiliar with the roads or distracted by navigation systems are more likely to miss seeing a motorcyclist, leading to accidents.

Suburban Areas and Commuter Routes

Many motorcyclists in the New York area travel along suburban roads or commuter routes that connect larger cities. While these areas may not have the dense traffic of urban centers, they can still pose significant risks due to speeding and distracted driving. Common suburban commuter routes include:

• Route 20: Passing through many suburban and rural areas near Albany and Syracuse, Route 20 is a common route for commuters and commercial vehicles, both of which can be dangerous for motorcyclists when drivers fail to check their mirrors or drive aggressively.
• Route 5 and Route 33: In the Buffalo area, Route 5 and Route 33 are common suburban thoroughfares where motorcyclists may face hazards, especially during rush hours.

Common Causes of Motorcycle Accidents

Regardless of the specific location, many motorcycle accidents in the practice area of William Mattar Law Offices share similar causes:

• Left-turn collisions at intersections: One of the most common accidents involves a vehicle making a left turn in front of a motorcycle at an intersection, either misjudging the motorcyclist’s speed or not seeing them at all.
• Rear-end accidents: Due to motorcycles' small size and light weight, even low-speed rear-end accidents can cause serious injury to a motorcyclist.
• Lane changes: Many motorcycle accidents occur when drivers fail to check their blind spot or mirror before changing lanes on busy highways like I-90 or I-81.
• Speeding and reckless driving: Drivers who speed or engage in aggressive driving put motorcyclists at extreme risk, especially on highways or congested urban roads.

New York Laws Affecting Motorcycle Accident Injury Claims

New York has several laws that may affect a claim for compensation if you’ve been disabled after a motorcycle accident. A local personal injury lawyer with experience handling motorcycle crash injury cases knows the key laws and considerations relevant to motorcycle accident claims in New York.

New York's Comparative Negligence Law

One important aspect of New York law that can affect a motorcycle accident claim is comparative negligence. Under this law, if you were partially at fault for the accident, your compensation can be reduced by your percentage of fault. For example, if it is determined that you were 20% responsible for the accident and another driver was 80% responsible, your total compensation would be reduced by 20%. 

If the other party can successfully argue that you were partly at fault (such as by speeding or failing to signal), it could reduce the amount of compensation you receive. This makes it especially important to have an experienced motorcycle accident lawyer who can present a strong case in your favor to minimize any blame placed on you.

New York’s Insurance Requirements for Motorcyclists

Unlike car drivers, motorcyclists in New York are not eligible for no-fault insurance coverage. This means that you cannot generally file a no-fault insurance claim for medical bills or lost wages after an accident, which drivers of other vehicles can do. Instead, a motorcyclist must pursue compensation through a personal injury claim against the at-fault party. 

However, New York law does require motorcyclists to carry liability insurance with the following minimums:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $10,000 for property damage

If the other driver is found to be at fault, their insurance policy will be used to cover your damages up to their policy limits. If the damage exceeds the policy limits, you may be able to pursue compensation from the driver’s personal assets or explore other avenues, such as uninsured/underinsured motorist coverage if you have it.

Statute of Limitations for Motorcycle Accident Claims in New York

The statute of limitations is the legal deadline by which you must file a lawsuit. In New York, the statute of limitations for motorcycle accident claims involving personal injury is generally three years from the date of the accident, but can be much shorter depending on the circumstances. In fact, some deadlines may be as short as 30 or 90 days. An experienced lawyer can examine the unique facts to tell for sure. This means you must file a lawsuit or take certain actions within atime frame or you may lose your right to seek compensation for your injuries. 

If your motorcycle accident resulted in the death of a loved one, a wrongful death claim must generally be filed within two years from the date of death. 

Failing to file your claim within the statute of limitations or other deadline can result in the court dismissing your case, regardless of how strong the evidence.

Serious Injury Threshold for Lawsuits

Motorcycle accident victims in New York are not subject to the "serious injury threshold" that applies to car accident claims under the no-fault system. Since motorcyclists are not covered by no-fault insurance, they do not need to prove that they sustained a "serious injury" to file a lawsuit for compensation.

Filing a Claim Against a Municipality or Government Entity

If your motorcycle accident was caused by a road defect or occurred due to the negligence of a government entity, such as poor road maintenance or defective traffic signals, you may have grounds to file a claim against that entity. However, special rules apply in these cases. 

In New York, you must file a notice of claim with the government entity within 90 days of the accident if you intend to pursue a lawsuit. The statute of limitations for lawsuits against municipalities is shorter, typically one year and 90 days from the date of the accident. Different rules and timelines may apply if your claim involves the state of New York. An experienced attorney can provide important guidance. 

Contact William Mattar Law Offices for Help With a Motorcycle Accident Claim

When you’re facing the physical, emotional, and financial challenges of a motorcycle accident, talk to the legal team that understands the complexities of your case and knows how to fight for your rights. William Mattar Law Offices serves clients throughout New York and is familiar with New York’s motorcycle laws. 

We’ll provide a free, no-obligation consultation to discuss your case and help you understand your legal options. You don’t have to go through this difficult time alone—our team is here to help you every step of the way. 

Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7. We can serve clients throughout New York, including Buffalo, Rochester, Syracuse, Albany, and Long Island. 

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