Who can be sued in a motorcycle accident case depends on whose negligence caused the collision and who is liable for your damages. Under New York law, motorcycle accident victims can sue a motorist or another party if they acted carelessly or recklessly, and this led to:
- A traffic accident
- The motorcyclist’s injuries
- Financial and intangible losses
Your attorney will identify the liable party or parties in your accident case and handle your claim. A strong case can help you secure a financial recovery for your accident-related damages. In many cases, going forward with a lawsuit is not necessary. A lawyer can often file a car insurance claim and negotiate a fair settlement agreement with the at-fault driver’s insurer based on their client’s losses.
Assigning Liability in a New York Motorcycle Accident Case
A major benefit to having a legal team on your side when navigating a motorcycle collision claim is that they will investigate your case and determine liability. This requires gathering evidence and in some cases working with accident reconstruction specialists to understand what led to the accident and identify the role of each person involved.
Your attorney will then use what they learn to develop an argument for justice, including accountability and fair compensation. They will take your claim to the at-fault driver’s insurance company and champion your best interests. Often, the case ends with a negotiated settlement after this step.
If a lawsuit is necessary in your case, your attorney will prepare the required paperwork to sue the at-fault motorist. They will advocate for you in court and seek an award on your behalf.
New York’s No-Fault Law Does Not Apply in Motorcycle Accidents
Who can be sued in a motorcycle accident case can differ from whom victims can generally file suit against in most traffic accidents in the state. The New York State Department of Financial Services (NYDFS) indicates that New York’s no-fault car insurance statutes do not play a role in motorcycle accident cases because they do not apply to two-wheeled vehicles.
In car accident cases, the state requires victims to prove they meet an exception to the no-fault law when filing a fault-based claim against the motorist whose negligence caused their crash. Most commonly, this requires proving that they suffered “serious” injuries or economic damages as defined by the law.
It is legally possible for those injured in motorcycle accidents to file a lawsuit against a negligent motorist from the first dollar lost. This should not be understood to suggest that cases are encouraged where injuries and other damages are minimal. Rather, that when it comes to winning a financial recovery for injuries and damages caused by a motorcycle accident, injured victims often have a significant procedural and substantive advantage over those injured while driving or riding in a car, van, bus, or truck. Your lawyer will work with you to determine if you can reach an out-of-court settlement and avoid a lawsuit or if they will need to take more aggressive legal action to seek compensation in your case.
A New York Motorcycle Accident Lawyer Can Represent You
We handle motorcycle accident insurance claims in and around New York City. We also have trial lawyers who file lawsuits in these cases when necessary. We are passionate about advocating for our client’s interests throughout this process. If we work together on your claim, you can count on our team to do the following:
- Give you regular updates on your case
- Identify all liable parties
- Communicate with all relevant parties
- Gather evidence
- Determine the overall value of your case
- Fight relentlessly to win the very best possible case outcome for you
We build cases to seek damages that include medical care, lost income, vehicle repairs, pain and suffering, and more. If your loved one tragically passed away from their injuries, wrongful death losses could also be recoverable. If needed, our multilingual staff will help you understand your options and your case in Spanish, Greek, Bengali, Tamil, or Kannada.
Reach out and speak with our team as soon as you can following your accident. Per the statute of limitations set forth in New York Civil Practice Laws & Rules (CVP) §214, there is a limit on how long we can wait to file a lawsuit in an accident case. It is important to get to work on our investigation and gather evidence well before this deadline to ensure we develop the strongest case. Unfortunately, in addition to the deadline concerns of the statute of limitations, items like dash-cam or surveillance video or people who can provide a witness statement, can “disappear,” if there is too much delay in securing the information they may have to offer. Simply stated, the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
Talk with Our Team About Your Motorcycle Crash Today
If you were hurt in a motorcycle accident in New York, our team will meet with you on Long Island or in another part of the New York metropolitan area that is convenient for you. We regularly make these visits to hospitals, rehabilitation facilities, and private homes to help potential clients understand their cases. We handle these claims on a contingency-fee-basis, as well.
Discuss your case with a Friedman & Simon, L.L.P. team member for free by calling (516) 932-0400.