Protecting Your Rights After a Serious Motorcycle Crash

Motorcycle accidents in Queens can change your life in an instant. Unlike cars, motorcycles offer little protection to riders, often resulting in severe injuries, long-term medical treatment, and financial stress. At Poltielov Law Firm P.C., we understand how overwhelming life can feel after a motorcycle accident. Our experienced team is here to help you seek the compensation you deserve.

A Queens motorcycle accident attorney understands the unique challenges that motorcycle riders face on busy New York streets. Insurance companies often try to blame motorcyclists for crashes, but our team fights back with strong evidence.

When many motorcycle accidents happen, victims need someone who knows motorcycle accident law and can handle complex legal proceedings. Our law firm has helped countless clients recover compensation after serious crashes.

Common Causes of Motorcycle Accidents in Queens

Queens has some of the busiest and most congested roads in New York City, and motorcyclists often face unique dangers. Many motorcycle accidents are caused by:

  • Drivers failing to check their blind spots when changing lanes
  • Sudden stops or rear-end collisions
  • Left-turn accidents where a driver doesn’t yield
  • Distracted driving, including texting or using a GPS
  • Speeding or reckless driving
  • Dangerous road conditions, like potholes or debris

Motorcyclists are often unfairly blamed for accidents, but we work to hold negligent drivers accountable for their actions.

The unique challenges of navigating Queens’ streets mean motorcyclists must remain extra vigilant. Whether traveling along Queens Boulevard or smaller neighborhood streets, riders face dangers posed by impatient drivers, heavy pedestrian traffic, and frequent construction zones. These factors increase the likelihood of crashes, making it essential to work with an experienced attorney who understands the nuances of local traffic patterns.

Vehicle defects can also cause motorcycle crashes. When brakes fail or tires blow out, the results can be deadly. Motorcycle accident attorneys investigate whether vehicle defects played a role in your crash.

Lane splitting, while common in some states, is not clearly addressed in New York motorcycle laws. When motorcycle accidents occur in heavy traffic, determining liability requires careful analysis of how the crash happened.

Injuries Common in Queens Motorcycle Crashes

Due to the lack of protection, motorcycle accidents often result in severe and catastrophic injuries, such as:

In many cases, these injuries lead to permanent disabilities, requiring extensive medical treatment and rehabilitation. For example, spinal injuries may necessitate years of physical therapy, while traumatic brain injuries could affect cognitive functions and emotional well-being. Poltielov Law Firm P.C. understands the long-term impact of these injuries and will fight to ensure you have the financial resources to cover your medical needs, both now and in the future.

Understanding Motorcycle Accident Injuries

Motorcycle accident injuries vary depending on the speed and type of crash. An injured motorcyclist may have visible injuries like cuts and bruises, but also psychological injuries that are harder to see.

Head injuries are especially serious because symptoms may not appear right away. You should always seek medical attention after a motorcycle crash, even if you feel okay at first.

Spinal cord injuries can result in paralysis and permanent disability. These serious injuries require immediate treatment and ongoing care for the rest of the victim’s life.

Economic and Non-Economic Damages

When pursuing compensation for a motorcycle accident, it’s crucial to understand the difference between economic and non-economic damages. Economic damages cover tangible losses, such as:

  • Medical bills, including surgeries, hospital stays, and ongoing therapy
  • Lost wages and reduced earning potential
  • Property damage to your motorcycle

Non-economic damages compensate for the intangible losses, including:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship in severe cases

Our firm works diligently to ensure you receive full compensation for both types of damages, recognizing the profound impact a motorcycle accident can have on every aspect of your life.

How the Trial Process Works

If a fair settlement cannot be reached, your case may proceed to trial. The trial process typically involves the following steps:

  1. Filing a lawsuit: We submit a formal complaint outlining your claim.
  2. Discovery phase: Both sides exchange evidence and gather testimony.
  3. Pre-trial motions: These may include attempts to dismiss certain aspects of the case.
  4. Trial: Both sides present their case, and a judge or jury determines liability and compensation.

While trials can be lengthy, our team prepares thoroughly to present a compelling case that maximizes your chances of success.

Building Your Motorcycle Accident Case

A strong motorcycle accident case relies on solid evidence from the accident scene. Photos, witness statements, and the accident report all help prove what happened.

Your motorcycle accident claim must show how the other driver’s actions caused your injuries. Whether it was distracted driving, speeding, or failure to yield, we gather proof of their negligence.

Expert witnesses can testify about motorcycle laws and safe driving practices. They explain to the jury how passenger cars should interact safely with motorcycles on the road.

New York’s Statute of Limitations

New York law gives victims three years from the date of a motorcycle accident to file a personal injury lawsuit. Failing to file within this timeframe could result in losing your right to compensation. Our firm ensures all deadlines are met so you can focus on your recovery without added legal stress.

A wrongful death claim has a two-year deadline in New York. If you lost a family member in a motorcycle crash, you need to act quickly to protect your rights.

Comparative Fault in New York

New York follows a comparative fault system, which means your compensation may be reduced if you are found partially at fault for the accident. For example, if you’re deemed 20% responsible, your compensation will be reduced by that percentage. Our attorneys work to minimize any claims of shared fault and advocate for your full recovery.

How Insurance Companies Handle Motorcycle Claims

Insurance companies often treat motorcycle accident victims unfairly. They assume riders are reckless and try to deny valid claims based on stereotypes.

Your accident claim requires thorough documentation of the crash and your injuries. The police report, medical records, and witness statements all support your motorcycle accident claim.

Many motor vehicle accident cases settle before trial, but you need a lawyer who’s ready to go to court if needed. Insurance companies offer more when they know you have strong legal representation.

Understanding New York Motorcycle Laws

New York motorcycle laws require all riders to wear helmets. The helmet law applies to both operators and passengers, and failure to comply can affect your case.

Lane splitting is not explicitly legal in New York, though the law doesn’t specifically prohibit it. If your motorcycle accident involved lane splitting, this may become an issue in determining liability.

Motorcycle riders must follow the same traffic rules as passenger cars. However, other vehicles have a responsibility to watch for motorcycles and share the road safely.

Rights and Responsibilities of Motorcycle Riders

Motorcycle riders have the same rights to the road as any other vehicle. When car accidents involve motorcycles, drivers of larger vehicles can’t claim they didn’t see the bike as an excuse.

New York law requires motorcycles to have working lights, brakes, and mirrors. Regular maintenance helps prevent vehicle defects that could contribute to a crash.

Causes of motorcycle accidents often involve other drivers failing to respect motorcyclists’ rights. A personal injury attorney will hold negligent drivers accountable for their actions.

What to Do After a Motorcycle Accident in Queens

Seek medical attention immediately after a Queens motorcycle accident, even for visible injuries that seem minor. Some injuries sustained don’t show symptoms right away.

Call the police and get an accident report filed. This official document is important evidence for your motorcycle accident claim. Get contact information from all vehicles involved and any witnesses.

Contact a Queens motorcycle accident attorney before talking to insurance companies. Their adjusters may try to get you to say something that hurts your accident claim.

Gathering Evidence at the Accident Scene

Take photos of the accident scene, including damage to all vehicles involved, road conditions, and your injuries. This evidence supports your motorcycle accident case.

Get names and contact information from witnesses who saw the crash happen. Their statements can be powerful evidence in proving fault and building your case.

Keep all records related to your medical treatment, including hospital bills, prescriptions, and therapy appointments. These documents prove your medical expenses and help calculate maximum compensation.

Why Choose Our Queens Motorcycle Accident Law Firm

Our law firm has handled hundreds of motorcycle crash cases throughout New York. We understand the specific challenges that motorcycle accident victims face and know how to overcome them.

We offer a free consultation and free case evaluation to discuss your motorcycle accident in Queens. During this meeting, we review your case and explain your options for seeking compensation.

Our team works on a contingency fee basis, which means you pay nothing unless we win your case. This allows motorcycle accident victims to access quality legal representation without upfront costs.

Frequently Asked Questions

What should I do immediately after a motorcycle accident in Queens?

First, seek medical attention for any injuries, even if they seem minor. Call 911 to get help to the accident scene and have the police file an official accident report. Take photos of the crash site, your bike, other vehicles, and your injuries if possible. Get contact information from witnesses and the other driver. Don’t admit fault or apologize, as this can be used against you later. Contact a Queens motorcycle accident lawyer as soon as you can to protect your rights. The sooner you have legal help, the better your chances of building a strong motorcycle accident claim.

How long do I have to file a motorcycle accident lawsuit in New York?

New York law gives you three years from the date of the motorcycle accident to file a personal injury lawsuit. However, if you’re filing a wrongful death claim after losing a loved one, you only have two years. These deadlines are strict, and missing them usually means you lose your right to seek compensation. Some cases involving government vehicles or employees have even shorter deadlines. Don’t wait to contact a motorcycle accident attorney about your case. Starting early gives your lawyer more time to investigate and build a strong claim.

Can I still recover compensation if I wasn’t wearing a helmet?

Yes, you can still file a motorcycle accident claim even if you weren’t wearing a helmet, though it may affect your case. New York has a helmet law that requires all riders to wear helmets, and insurance companies will use your failure to wear one against you. They may argue that some of your head injuries or brain injuries would have been less severe with a helmet. Under New York’s comparative negligence rules, your compensation might be reduced by the percentage you’re found at fault. However, not wearing a helmet doesn’t mean the other driver wasn’t responsible for causing the crash. A Queens motorcycle accident attorney can still help you recover compensation for your injuries.

What types of compensation can I receive for my motorcycle accident injuries?

You can seek compensation for both economic and non-economic damages. Economic damages include medical bills, hospital bills, future medical expenses, lost wages, lost earning capacity, and property damage to your motorcycle. Non-economic damages cover pain and suffering, emotional distress, psychological injuries, loss of enjoyment of life, and permanent disability or disfigurement. In wrongful death cases, families can also claim funeral costs and loss of companionship. The total amount depends on the severity of your injuries sustained, how the crash affects your life, and the strength of evidence proving fault. A motorcycle accident lawyer will calculate all damages to ensure you seek maximum compensation.

How are motorcycle accident cases different from car accident cases?

Motorcycle crashes often result in more severe injuries because riders have less protection than people in passenger cars. Insurance companies tend to treat motorcycle accident victims differently, often assuming the rider was at fault or reckless. Proving fault in a motorcycle collision may require special expertise about motorcycle laws and riding techniques that don’t apply to car accidents. Head injuries, road rash, and spinal cord injuries are more common in motorcycle accident injuries. The causes of motorcycle accidents often involve drivers of other vehicles failing to see or yield to motorcycles. Your Queens motorcycle accident lawyer needs specific experience with motorcycle crash cases to effectively represent you and counter the biases that insurance companies bring to these claims.

Contact a Queens Motorcycle Accident Lawyer Today

At Poltielov Law Firm P.C., we have the experience and dedication needed to help motorcycle accident victims in Queens secure justice. If you’ve been injured, don’t wait—contact us today to schedule a consultation or call us now at 718-880-2911. We’re here to support you every step of the way. Our team will handle the legal complexities so you can focus on your recovery.

Whether you suffered severe injuries, traumatic brain injury, or other debilitating injuries, our team is ready to help. We have handled countless motorcycle accident cases throughout New York and know how to win.

Don’t let insurance companies pressure you into accepting less than you deserve. Schedule your free consultation today to learn how we can help you pursue fair compensation for your motorcycle accident injuries.