Because motorcycles lack the safety features intrinsic to automobiles, riders involved in an accident often suffer serious injuries. In the aftermath of motorcycle accidents caused by someone else’s negligent driving, victims often wonder about their legal rights and who will be financially responsible for their losses. Below are some answers to common questions you might have about a bike accident.
4 FAQ About Motorcycle Accidents
Are Helmets Required?
Motorcycle helmet laws vary from state to state, with some jurisdictions requiring them for all bikers and others mandating their use only for riders under a certain age. In New York, all motorcyclists and their passengers must wear both helmets and eye protection.
Can I Still File a Claim if I Wasn’t Wearing a Helmet?
In most cases, motorcycle accident victims who were not wearing a helmet at the time of their injury can still file a claim with their insurance company. However, the value of your claim may be diminished if your failure to wear a helmet contributed to your injuries.
Who Is Responsible for My Damages?
In New York, automobiles are covered under a no-fault insurance system in which every driver’s insurer covers their injuries, regardless of who was at fault. Motorcycles are excluded from this rule, which means you won’t be able to file a claim with your insurer. However, you can file a lawsuit against the driver who caused the accident, even if your injuries are not particularly severe.
How Do I Pay for My Medical Treatment?
Medical care after a serious accident is often expensive, but you also can’t wait for the conclusion of a lawsuit to get tests, have surgeries, or receive rehabilitative therapy. Many personal injury attorneys work with a network of medical professionals who will take their fees out of your eventual lawsuit settlement.
Following a motorcycle accident caused by a negligent driver, you should hire legal representation. For over 65 years, victims and their families have relied on Sackstein, Sackstein & Lee, LLP for help collecting compensation for their injuries. With offices in Garden City, Flushing, Brooklyn, and the Bronx, they have a reputation for providing aggressive representation to clients throughout New York. To schedule your free consultation, visit their website or call (888) 519-6400, and follow their Facebook for more tips and advice.