If you were involved in a motorcycle accident, you are probably recovering from significant injuries. Bikers’ bodies bear the full brunt of any collision, and a wreck with a motor vehicle can cause severe damage, even at relatively low speeds.
As a biker, you are unable to take advantage of New York’s no-fault system. However, you can take a negligent driver to court seeking damages for your injuries and losses.
Speak with an Elma motorcycle accident lawyer as soon as possible after your crash. Our team can investigate the incident, compile evidence of the driver’s negligence, and pursue maximum compensation for your injuries. Call Richmond Vona, LLC to work with a dedicated personal injury attorney.
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How Do Insurance Laws Apply to Motorcycle Accidents?
Anyone registering a motor vehicle in New York must have proof of insurance, including first-party healthcare benefits known as personal injury protection (PIP). However, New York Insurance Law § 5102(f) excludes motorcycles from the definition of motor vehicles for the purposes of the no-fault law. The exclusion leads to a complicated insurance landscape for motorcycle enthusiasts.
Anyone registering a motorcycle in the state must show proof of liability insurance. This insurance covers property damage and injuries to other motorists who become involved in an accident with the biker. A biker must also purchase personal injury protection (PIP), but it usually offers no protection to the biker themselves. The PIP covers other motorists and pedestrians who suffer injuries in a motorcycle accident.
When a motorcycle accident injures the rider, they could bring a claim against the at-fault driver’s liability coverage. A biker could also purchase Supplementary Underinsured Motorist Insurance to ensure they have access to care if the at-fault driver’s insurance is insufficient. Motorcyclists can also buy and utilize MedPay, a form of health coverage that pays regardless of fault. An Elma motorcycle accident attorney can help an injured biker file claims against all available insurance policies.
Going to Court After a Motorcycle Wreck
When a motorist suffers injuries in a crash, there are specific requirements they must meet to circumvent the State’s no-fault system and file an injury claim. Because motorcyclists do not have no-fault protection, they can sue a negligent driver or other responsible party without these restrictions.
When one of our attorneys represents an Elma biker, we must prove that another party’s negligence was the direct cause of their damages. Negligence is a failure to use reasonable caution to prevent harm to others. We find evidence of negligence by:
Noting any police citations the other driver received related to the crash
Reviewing the police reports, witness statements, and surveillance footage
Subpoenaing the driver’s cell phone records and vehicle maintenance records
Investigating whether any of the involved vehicles’ components were subject to recalls
Determining whether unsafe road conditions contributed to the crash
Consulting experts regarding the likely cause of the accident
If one of the involved drivers was working when the accident occurred, we can consider whether the driver’s employer might be liable for the crash.
In many cases, multiple parties could have potential liability for an accident. Bringing claims against as many parties as possible usually benefits the injured person by ensuring there will be adequate insurance coverage to provide a reasonable settlement.
Damages Available in Motorcycle Accident Cases
Damages in an injury case are supposed to make the claimant “whole,” meaning restoring them to a similar financial position they would be in if the accident had never happened. Any expense or loss related to their injuries can be compensable through damages.
Actual expenditures or financial losses are considered economic damages. These include medical costs and all the incidental expenses associated with obtaining care, rehabilitating an injury, and accommodating an accident-related disability. Economic damages also include lost wages, lost financial opportunities, and diminished future earning capacity.
Non-economic damages are losses that impact the rider’s quality of life. An Elma motorcycle wreck attorney can seek non-economic damages for temporary or permanent conditions like inconvenience, embarrassment, disability, emotional distress, physical pain, and lost enjoyment of life.
Pursue an Elma Motorcycle Accident Claim with Our Attorneys
Seeking damages after a motorcycle accident can be challenging. Drivers and insurance companies often try to blame the biker for their own injuries, even if the accident was clearly another party’s fault. An Elma motorcycle accident lawyer knows how to counter these claims and ensure injured bikers receive the compensation they deserve.
Allow a skilled legal professional to handle your claim. Discuss your case with a member of our team for free today.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
