Motorcycle Accident Lawyer

Motorcycle accidents can be devastating, often resulting in severe injuries, significant property damage, and emotional trauma. If you’ve been involved in a motorcycle crash, a motorcycle accident lawyer can be your strongest ally in navigating the complex legal landscape. At Sakkas, Cahn & Weiss, LLP, our dedicated attorneys is committed to helping motorcycle accident victims in New York City seek the compensation they deserve.

PAY NOTHING UNLESS YOU WIN- Contact us today for a FREE consultation.

Financial Compensation You May Be Entitled To After a Motorcycle Accident

Understanding potential financial compensation after a motorcycle accident is crucial. A motorcycle accident lawyer can help identify and pursue all applicable forms of compensation. Here’s an overview of what you might be entitled to:

Medical Expenses

This covers all costs related to your medical treatment, from emergency room visits to long-term care. It includes hospital stays, surgeries, medications, and rehabilitation. Your motorcycle accident attorney will work with medical professionals to estimate future medical needs, ensuring your compensation covers long-term care.

Lost Wages and Earning Capacity

If your injuries prevent you from working, you may receive compensation for lost wages during recovery, reduced earning capacity if you can’t return to your previous job, and loss of future earnings if you’re permanently disabled. A motorcycle accident lawyer will consult economic experts to calculate these losses accurately.

Pain and Suffering

This non-economic damage compensates for physical pain and emotional distress caused by the accident. Factors influencing this compensation include injury severity, recovery length, impact on daily life, and any permanent disabilities or disfigurement.

Property Damage

You may receive compensation for motorcycle repairs or replacement if it’s totaled, as well as for damaged personal property such as protective gear or electronics.

Loss of Enjoyment of Life

If your injuries prevent you from engaging in activities you once enjoyed, you may be entitled to compensation for this loss.

Loss of Consortium

In severe cases, your spouse may claim compensation for the loss of companionship and support resulting from your injuries.

Punitive Damages

In cases of particularly reckless or malicious behavior by the at-fault party, punitive damages may be awarded to punish the wrongdoer and deter similar future behavior.

Wrongful Death Damages

If a motorcycle accident results in a fatality, the victim’s family may be entitled to wrongful death damages, including funeral expenses, loss of financial support, and loss of companionship.

Factors Affecting Compensation

Several factors can influence your compensation amount: injury severity, fault clarity, available insurance coverage, your ability to prove damages, and your lawyer’s skill in negotiating and presenting your case. New York’s “pure comparative negligence” rule means your compensation may be reduced by your percentage of fault in the accident.

The Role of a Motorcycle Accident Lawyer in Maximizing Compensation

A skilled motorcycle accident attorney from Sakkas, Cahn & Weiss, LLP can maximize your compensation by thoroughly investigating the accident, gathering evidence, working with experts to value your damages, negotiating with insurance companies, and preparing a strong case for trial if necessary.

How a Motorcycle Accident Lawyer Can Help You

When you work with a motorcycle accident lawyer from Sakkas, Cahn & Weiss, LLP, you benefit from our extensive experience in handling these complex cases. Our primary goal is to secure the compensation you deserve while providing comprehensive support throughout your legal journey.

Calculating and Pursuing Fair Compensation

Determining the full extent of your damages is crucial for seeking fair compensation. We take a comprehensive approach, considering various factors that impact your case. This includes assessing current and future medical expenses, lost wages, and diminished earning capacity. We also factor in non-economic damages such as pain, suffering, and emotional distress. Our team considers property damage, rehabilitation costs, and potential long-term care needs to ensure we pursue a settlement that reflects the accident’s impact on your life.

Dealing with Insurance Companies

Insurance companies often attempt to minimize payouts or deny claims altogether. Our motorcycle accident attorneys are skilled negotiators who serve as your advocates in these challenging interactions. We handle all communication with insurance adjusters, protecting you from potentially damaging statements. Our team pushes back against unfair settlement offers, leveraging our experience and knowledge to fight for the full compensation you deserve.

Thorough Investigation

We comprehensively investigate your accident to build a strong foundation for your case. This involves analyzing police reports and witness statements, consulting with accident reconstruction experts, and reviewing available video footage. We examine the crash site for environmental factors and investigate the maintenance history of all vehicles involved. This meticulous approach ensures we completely understand your accident’s circumstances, which is crucial for building a strong case for compensation.

Legal Representation in Court

While many cases settle out of court, we prepare every case as if it will go to trial. If litigation becomes necessary to secure fair compensation, your motorcycle accident lawyer will be fully prepared to represent you in court. We develop a strong case strategy, present compelling evidence to support your claim, and skillfully cross-examine witnesses. Our experienced litigators argue your case persuasively before a judge and jury, handling all legal procedures and paperwork to protect your rights.

Why Motorcycle Accidents Require Experienced Legal Representation

Motorcycle accidents often result in more severe injuries than car accidents, leading to higher medical bills, longer recovery times, and greater life impacts. These factors make motorcycle accident cases more complex and potentially more valuable, necessitating experienced legal representation.

Unique Challenges in Motorcycle Accident Cases

Motorcycle accident cases face unique challenges, particularly bias against motorcyclists. This bias can affect insurance claims and legal proceedings, with some people assuming all motorcyclists are reckless. An experienced motorcycle accident lawyer can effectively counter these biases, presenting evidence that highlights responsible riding habits and educating all parties about motorcycle safety realities.

Complex Liability Issues

Determining liability in motorcycle accidents can be complicated due to factors like lane splitting, the motorcycle’s smaller size, and the impact of road conditions. An experienced lawyer can navigate these issues, gathering and presenting evidence that clearly demonstrates fault, even in challenging scenarios.

Severe Injuries and Substantial Damages

The severity of injuries in motorcycle accidents often leads to substantial damages. An experienced personal injury lawyer can accurately assess the full value of a claim, working with experts to project future medical needs, lost earning capacity, and other long-term impacts, ensuring the compensation sought reflects the full extent of the victim’s losses.

Dealing with Insurance Companies

Insurance companies often offer quick, low settlements in motorcycle accident cases. Experienced Manhattan personal injury lawyers understand insurance company tactics and can build strong cases that compel fair settlements. They also have the litigation experience to take cases to trial when necessary.

Common Causes of Motorcycle Accidents

Understanding the common causes of motorcycle accidents can help prevent future incidents and establish liability in legal claims. Some frequent causes include:

• Driver negligence: Car drivers failing to see motorcyclists or misjudging their speed and distance
• Road hazards: Potholes, debris, or uneven road surfaces that are particularly dangerous for motorcycles
• Defective motorcycle parts: Faulty brakes, tires, or other components that can lead to accidents
• Lane splitting: While legal in some states, this practice can be risky and lead to collisions
• Speeding or reckless driving: By either the motorcyclist or other drivers on the road
• Impaired driving: Operating a vehicle under the influence of alcohol or drugs
• Weather conditions: Rain, wind, or other adverse weather that affects visibility and road conditions

A motorcycle accident lawyer will investigate the specific circumstances of your crash to determine the cause and identify all potentially liable parties.

Types of Injuries in Motorcycle Accidents

Motorcycle accidents often result in severe injuries due to the lack of protection for riders. Common injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Road rash and severe skin abrasions
• Fractures and broken bones
• Internal injuries
• Amputations
• Psychological trauma, including PTSD

These injuries can have long-lasting effects on a person’s life, impacting their ability to work, enjoy hobbies, and maintain relationships. A motorcycle accident attorney will work to ensure that all current and future medical needs are considered when seeking compensation.

Steps to Take After a Motorcycle Accident

If you’ve been involved in a motorcycle accident, taking the right steps immediately afterward can significantly impact your ability to recover compensation. Here’s what you should do:

• Seek medical attention immediately, even if you feel fine
• Call the police and ensure an accident report is filed
• Gather contact and insurance information from all parties involved
• Take photos of the accident scene, your injuries, and property damage
• Collect contact information from any witnesses
• Do not admit fault or make statements about the accident to anyone except the police
• Contact a motorcycle accident lawyer as soon as possible

Remember, the sooner you involve a motorcycle accident attorney, the better they can protect your rights and preserve crucial evidence.

Statute of Limitations for Motorcycle Accident Claims

It is crucial to be aware of the statute of limitations for filing a motorcycle accident claim. In New York, the general statute of limitations for personal injury cases, including motorcycle accidents, is three years from the accident date. However, there are exceptions to this rule, and certain circumstances may shorten or extend this timeframe.

Failing to file within the statute of limitations can result in losing your right to seek compensation. This is why consulting with a motorcycle accident lawyer as soon as possible after your crash is essential.

Proving Negligence in a Motorcycle Accident Claim

Establishing negligence is crucial in securing compensation for your motorcycle accident injuries and damages. At Sakkas, Cahn & Weiss, LLP, our motorcycle accident lawyers are adept at proving negligence to build a strong case on your behalf.

Understanding Negligence

Negligence in a motorcycle accident occurs when another party fails to exercise reasonable care, harming the motorcyclist. This could involve a driver’s careless actions, a government entity’s failure to maintain safe roads or a manufacturer’s production of defective motorcycle parts.

The Four Elements of Negligence

To prove negligence, four key elements must be established:

• Duty of Care: The defendant owed you a duty of care.
• Breach of Duty: The defendant breached this duty.
• Causation: The breach directly caused your accident and injuries.
• Damages: You suffered actual damages as a result.

Gathering Evidence

Proving these elements requires thorough evidence gathering. Our team employs various strategies, including:

• Investigating the accident scene
• Collecting witness statements
• Analyzing police reports
• Reviewing traffic camera footage
• Consulting expert witnesses

Overcoming Challenges

Proving negligence in motorcycle accidents can be challenging due to biases against motorcyclists and the complex nature of these accidents. Our experienced lawyers are skilled at addressing these challenges by countering bias, navigating comparative negligence issues, and identifying all potentially liable parties.

Get the Legal Support You Deserve – Contact Us Today

Don’t face the aftermath of a motorcycle accident alone. At Sakkas, Cahn & Weiss, LLP, we’re committed to fighting for your rights and securing the compensation you deserve. Our experienced motorcycle accident lawyers are ready to guide you through every step of the legal process.

PAY NOTHING UNLESS YOU WIN- Contact us today for a FREE consultation.

Motorcycle Accident Lawyer FAQs

At Sakkas, Cahn & Weiss, LLP, we understand that you may have many questions after a motorcycle accident. Here are answers to some frequently asked questions:

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

In New York, the statute of limitations for most motorcycle accident claims is three years from the accident date. However, there are exceptions to this rule. For instance, if the claim is against a government entity, you may have as little as 90 days to file a notice of claim. It’s crucial to consult with a motorcycle accident lawyer as soon as possible to ensure you don’t miss any important deadlines.

What if I was partially at fault for the motorcycle accident?

New York follows a “pure comparative negligence” rule. This means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you’re found to be 20% at fault, your compensation would be reduced by 20%. Our experienced motorcycle accident lawyers can help minimize your percentage of fault and maximize your compensation.

How much is my motorcycle accident case worth?

The value of your case depends on various factors, including the severity of your injuries, the impact on your life, and the available insurance coverage. Potential damages may include medical expenses, lost wages, pain and suffering, and property damage. Our motorcycle accident lawyers will carefully evaluate all aspects of your case to determine its full value and fight for maximum compensation.

Should I accept the insurance company’s settlement offer?

Accepting an insurance company’s initial settlement offer is generally not advisable without consulting a lawyer. Insurance companies often try to settle quickly for less than your case is worth. Our motorcycle accident lawyers can negotiate with the insurance company to ensure you receive fair compensation.

What if the other driver doesn’t have insurance?

If an uninsured driver hits you, you may still have options for compensation to be recovered. This could include filing a claim under your own uninsured motorist coverage if you have it. Our motorcycle accident lawyers can review your insurance policy and explore all potential sources of compensation.

How long will my motorcycle accident case take to resolve?

The duration of a motorcycle accident case can vary widely depending on factors such as the case’s complexity, the severity of injuries, and whether the case settles or goes to trial. While some cases may resolve in a few months, others can take a year or more. Our car accident lawyers work efficiently to resolve your case as quickly as possible while still ensuring you receive fair compensation.

Why should I hire Sakkas, Cahn & Weiss, LLP for my motorcycle accident case?

Our firm has extensive experience handling motorcycle accident cases in New York. We understand these cases’ unique challenges and have a track record of securing substantial settlements and verdicts for our clients. We offer personalized attention, aggressive representation, and a commitment to maximizing your compensation. Plus, we work on a contingency fee basis, meaning you don’t pay unless we win your case.