Have you been injured in a motorcycle accident in Orange County, NY? Dealing with an insurance company after a motorcycle accident can be frustrating. Drivers and their insurance providers blame motorcyclists for causing accidents to avoid paying claims. Our NY motorcycle crash lawyers understand these tactics and provide a tailored legal strategy for protecting your rights.
At Michael LoGiudice, LLP, we focus exclusively on personal injury claims. We are committed to representing injured victims and their families as they seek justice for what happened to them. Our law firm has a proven track record of securing significant compensation for injury victims. We are highly skilled negotiators and seasoned trial lawyers.
Our attorneys have decades of experience in motorcycle injury cases. If you need help filing a motorcycle injury claim in New York, Michael LoGiudice, LLP is the law firm you want to call.
Contact us today to schedule your free consultation with an experienced Orange County motorcycle accident attorney.
How Our New York Motorcycle Accident Attorneys Help You Fight for Fair Compensation
Motorcycling is popular in New York. However, it can also be dangerous. In 2023, motorcyclists were 28 times more likely to be killed in an accident compared to passenger car occupants. Riders were five times more likely to be injured in crashes.
Our personal injury lawyers have statewide experience across New York with a focus on accident victims. Our attorneys have extensive experience pursuing motorcycle accident claims. We go up against massive insurance companies to fight for fair settlements for our clients. When necessary, our attorneys take cases to trial to protect our clients’ rights.
When you hire our top-rated Orange County motorcycle accident lawyers, you can trust our legal team will:
- Put your best interests as the top priority during every phase of your case
- Complete a thorough accident investigation to gather evidence proving fault and liability
- Provide compassionate support and guidance as you deal with serious injuries, long-term impacts, and complex claims
- Work with leading expert witnesses and accident reconstructionists as necessary to strengthen your claim
- Prepare a defense to allegations of blame and contributory fault by the other party
- Calculate the value of your damages to maximize recovery
- Negotiate a settlement that compensates you fairly for your losses
- Aggressively argue your case at trial if the other side refuses to negotiate a fair settlement
Our law firm represents New Yorkers and out-of-state motorcyclists. If you are in New York to enjoy riding on Route 218, Bear Mountain, or through Manhattan, Michael LoGiudice, LLP can help you file an accident claim if you are involved in a motorcycle accident.
Call Michael LoGiudice, LLP today to schedule a free case evaluation with an Orange County motorcycle accident attorney. We stand with motorcyclists to protect their rights after a motorcycle accident in Orange County, NY.
Understanding New York Motorcycle Accident Laws
Several important motorcycle laws in New York could impact a motorcycle accident claim. As a rider, it is important to know:
Fault-Based Liability for Damages
New York is a fault-based personal injury state, even though motorists are required to have no-fault insurance coverage. You must prove that a driver caused a motorcycle accident to hold the driver liable for damages. Proving fault can be challenging in some situations.
Owners Are Liable for the Negligent Use of Their Vehicles
New York Vehicle and Traffic Law §388 makes every owner of a vehicle liable and responsible for injuries and deaths resulting from the negligent use of the vehicle. Therefore, an owner may be liable for damages even though they were not operating the vehicle. The person operating the vehicle must have permission from the owner, who can then be held responsible for damages.
No-Fault Insurance Coverage
New York requires drivers to have no-fault insurance coverage in addition to liability insurance. If you are involved in an accident, you file a claim with your no-fault insurance provider.
However, no-fault insurance does not apply to motorcycle accidents. The rider’s no-fault insurance will not cover their injuries. They can sue the at-fault driver for damages, but they have the burden of proving fault to recover damages.
New York Helmet Laws
New York motorcycle laws require riders and passengers to wear motorcycle helmets regardless of experience or age. Helmets must meet minimum safety standards.
Contributory Fault
New York operates under a pure contributory fault standard for personal injury claims. If you are partially to blame for causing your motorcycle accident, the court may reduce your compensation for damages. Insurance companies use contributory fault to undervalue claims. Be cautious when speaking with insurance adjusters. Statements you make could be used to argue contributory fault.
What Happens After a Motorcycle Accident in New York?
After being injured in a motorcycle accident in Orange County, NY, call 911 to report the crash. While waiting for the police to arrive, preserve evidence by using your cell phone to make a video and take pictures of the accident scene. It is also helpful to ask witnesses for their contact information.
Avoid discussing the details of the accident with anyone until you speak with an Orange County motorcycle accident attorney. Stick to the facts when telling the officer what happened and avoid making presumptions about fault. Saying anything that could be viewed as admitting fault could hurt your injury claim.
Seek immediate medical care for your injuries after a motorcycle accident. Motorcycle crashes often cause catastrophic injuries for riders, such as traumatic brain injury, spinal cord injuries, crushing injuries, amputations, and severe disfigurement. Prompt medical treatment is essential for your recovery and proving a personal injury claim.
Keep detailed records of your financial losses. It also helps to make notes about your recovery in a pain and suffering journal. Record your emotional distress, pain levels, and other information related to your recovery.
What Compensation Can I Recover for a Motorcycle Injury Claim in NY?
Numerous parties may be responsible for a motorcycle accident claim, including motorists, vehicle owners, government entities, vehicle manufacturers, employers, and passengers. Any party that contributed to the cause of the crash could be liable for damages.
Typically, a motorcycle accident claim includes compensation for the victim’s economic and non-economic damages. Examples of damages for a motorcycle accident include:
- The cost of medical care and rehabilitative therapies
- Pain and suffering damages
- Disfigurement, scarring, disability, and impairments
- Loss of income, including employment benefits, wages, and earning capacity
- Mental anguish and emotional distress
- Out-of-pocket expenses
- Loss of quality of life and enjoyment of life
The amount of a settlement or jury verdict depends on the factors involved in your case. The severity of your injuries and the total of your losses are significant factors. The strength of the evidence proving fault is also an essential factor.
Our lawyers meticulously analyze the factors in your case to determine how they could impact the outcome. The goal is to obtain the best possible settlement for your case.
What Should I Do if the Insurance Company Denies My Claim?
Dealing with an insurance company after a motorcycle accident in New York can be overwhelming. The insurance company’s priority is to protect itself from liability. The insurance adjuster assigned to your case searches for information the company can use to deny your claim. If the company cannot avoid liability, it will offer as little as possible to settle your claim.
Before speaking with an insurance adjuster, call our office to discuss your claim with an attorney. We can help you with the filing and settlement of a claim. If the insurance company refuses to negotiate in good faith, we can pursue litigation to obtain the compensation you need and deserve after a motorcycle accident.
Talk to an Orange County Motorcycle Accident Lawyer Today
In addition to free consultations for accident victims, our lawyers only charge attorneys’ fees after they win your case. Prompt legal advice can significantly improve your chances of a favorable outcome in your case. Call Michael LoGiudice, LLP today for a free case review from an experienced Orange County motorcycle accident attorney.