Motorcycle riding can give you an exhilarating feeling and sense of freedom. A rider knows the joy and pride they feel when cruising down the interstate or winding down a back country road. All those feelings can suddenly end if they find themselves in an accident.
Types of injuries
A person can receive a multitude of injuries if hit while riding a motorcycle. Bones can be broken severely and require surgery, or limbs can be severed. Internal bleeding can cause organ damage or shut down. Spinal injuries are often caused from these types of accidents, and the rider can end up being paralyzed. If the rider suffers traumatic brain injury, everything could be affected since the brain controls the body and organs. The worse injury of all is one that causes death which happens far too often with motorcycle riders.
Results of injuries
The rider’s life and the lives of his family can be greatly affected for years and possibly the rest of his life. With many of the severe injuries mentioned, he will need care often. Family members will have to rearrange schedules and hire people. If he has therapy, he will have to be taken there or someone come to his home. Children no longer have their father to throw football with or read stories to them.
If the individual dies as a result of injuries, the family is left with funeral expenses. Afterwards, they don’t have him there for gatherings, birthdays or holidays. He’s no longer there to work and pay the bills. When the children go to college, the mother will have a difficult time. Anything that family member would have done to contribute is now gone forever.
New York “No Fault” insurance law
New York drivers fall under the “No Fault” insurance law which means that the driver’s insurance company will pay no matter whose fault it was. Motorcycle riders are excluded from this law. They have the burden of proving whose fault the accident was.
Article 51 of the Insurance Law states that for a claim to be considered a serious injury, the driver must establish that he has financial loss over $50,000, or he has suffered a serious injury by what their standards of a serious injury are. These are as follows:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of an organ, member, function or system
- Significant limitation of use of a body function or system
- Medically determined temporary impairment which prevents an injured person from performing customary daily activities for not less than 90 days during the 180 days immediately following the occurence
How an attorney can help
The public often sees motorcycle riders as taking risks they know are there. This gives them little empathy for the riders. Jurors are made up of the public, so they may already view the rider as at fault for knowing his risks.
An experienced attorney who knows and understands the laws of New York can help the rider in many ways. He will first perform a thorough investigation of the accident and determine whose fault it was. He will work with the medical staff and collect reports showing the injuries and the future of the rider as a result of the injuries. He will then contact the insurance company to try and work out a settlement that is fair and just for the rider and his family. If the insurance company isn’t treating the rider fairly, he will then proceed to gather evidence to take the case to trial.
If you or a loved one have been in a motorcycle accident in Manhattan or the New York area, our attorneys have the knowledge and capability to help you get the compensation you deserve. Give us a call today, and we will take some of the stress away by dealing with the insurance company for you. We will fight night and day to get you everything you and your family deserve for now and the future.