Rochester Motorcycle Accident Lawyer

Motorcycles provide a different type of freedom you won’t get from other vehicles. It’s an exhilarating experience for many. Whether you regularly commute this way or just ride occasionally, accidents are never welcomed but happen.

Since motorcycles are smaller and lack protection surrounding the driver, they tend to be more dangerous to ride around. Pair this with the negligence of other drivers on the road, and serious injuries and even death can occur. 

If you’ve been hurt in one of these crashes, seek the help of a Rochester motorcycle accident lawyer. The attorneys at Brown Chiari LLP are here to help you recover when you’re hurt and suffering because of an accident. 

What Does No-Fault Mean for a Rochester Motorcycle Crash? 

New York has a no-fault policy, also called personal injury protection (PIP) coverage, that helps motorists avoid lengthy lawsuits when they’re hurt in an accident. No-fault coverage means that, regardless of who’s at fault, the accident is covered by your insurance company. 

Unfortunately, motorcyclists involved in Rochester motorcycle accidents are not protected under the no-fault insurance law in New York. Additionally, many insurance policies that cover motorcycles do not offer PIP coverage. 

This means that any medical treatments, vehicle repairs, or other expenses that require payment will have to be paid out of pocket. This can usually drive individuals in accidents to seek compensation for the damages, especially when the accident wasn’t their fault. Fortunately, an attorney can help you take your claim to court and get compensated. 

New York’s Statute of Limitations Law

Those injured in Rochester motorcycle accidents have up to three years to bring a legal claim up to recover damages that are related to the injuries and accident. If you fail to meet this deadline, you may be disqualified from requesting compensation through a claim.

If the Rochester motorcyclist died because of the accident, the family has up to two years from the date of the accident to file a lawsuit against those responsible. There are exceptions that the state makes to extend these time periods, but these aren’t common. Talk to an attorney if you’re worried about acting in time for these deadlines. 

Common Causes of Rochester Motorcycle Accidents

Hundreds of thousands of accidents happen every year, and most of them happen because of motorist carelessness and other driver errors. Understanding the potential threats and risks can help to reduce accidents. 

If you’ve been hurt in a Rochester motorcycle accident, your attention may instead be focused on finding evidence of who caused your accident. Any of the following can lead to a Rochester accident, and your lawyer can use this information to determine who’s at fault for your injuries: 

• Distracted driving
• Drowsy driving
• Poor road conditions or inclement weather 
• Driving under the influence or while intoxicated 
• Excessive speed
• Dangerous road conditions, such as potholes
• Aggressive driving, or road rage

The Most Common Rochester Motorcycle Accident Injuries 

Many injuries are more common in motorcycle accidents than other types of Rochester accidents. That’s because they tend to be more severe than other vehicle accidents. When you’re on a motorcycle, you don’t have the same protections a car offers, such as seat belts and airbags, and that can lead to devastating injuries. 

Road rash, for example, happens when the skin makes contact with the pavement and causes a friction burn. This can be quite severe depending on the accident. Debris can be lodged in the skin and cause infection. If the motorcyclist isn’t wearing the right protective clothing, road rash can even be disfiguring, leaving large scars on the Rochester motorcycle accident victim. 

Damage and injuries to the legs are some of the more common injuries that occur. Often, motorcyclists may put their legs down to save themselves from a fall or crash. When they do this, this causes their legs to break, fracture, scrape, or bruise. In the most severe situations, it may even cause a traumatic amputation. 

Head and spinal injuries may be more severe if the motorcyclist wasn’t wearing a helmet while riding. Injuries that impact the brain or spine can damage some of the body’s basic functions, from motor control to emotions to automatic functions like breathing. These injuries can quickly turn deadly. 

Seriously injured? That can add up. Talk to your lawyer about your options to calculate the value of these devastating injuries and get coverage. 

Determining Liability for Rochester Motorcycle Crashes 

Your Rochester motorcycle accident claim depends on proving someone else was liable for the accident and that you have expenses due to the accident that justify the claim. These expenses should cover the full value of the suffering you experienced, also called the damages. 

To prove liability, you have to show that the other driver had a responsibility to obey and follow all of the New York traffic laws and drive their car safely. This helps to protect other drivers from being injured. 

You also have to show that the driver took unsafe actions which breached this duty. When they did this, it should show that this caused the accident to happen and it resulted in your injuries. These injuries are what brought on the expenses that you’re hoping to receive compensation for.

Obtaining Compensation for Your Motorcycle Accident Claim

There are different facts and specifics that can add or remove the amount of compensation you may receive for a motorcycle accident claim. There are different damages that will commonly be awarded to those who have been in a motorcycle accident in New York. These damages may include both economic and non-economic damages. 

Economic Damages 

Your damages should cover the financial costs of your recovery, which can get expensive fast. You shouldn’t have to pay out of your own pocket for damage someone else did to your health and your property. 

One of your first concerns may be your hospital bills. Medical expenses include ambulance services, emergency room stays, follow-ups, surgery, radiology, hospitalization, prescriptions, lab testing, and other medical care necessary to your recovery. 

You may also need long-term care for your injuries. You may need rehabilitation or therapy expenses, specialized treatments or services, and other services that are specialized to help motorcycle victims cope with both the physical and mental effects of the motorcycle accident. 

Even your lost wages should be included. If you’re unable to work due to your injuries, talk to your Rochester motorcycle crash lawyer about calculating these damages and including them in your recovery. 

Non-Economic Damages 

Your non-economic, or intangible, losses are just as important. These damages include emotional and mental suffering that may not have a financial value but impact your life. 

For example, you may suffer from severe pain because of your injuries. You may also have anxiety or emotional distress that impacts your ability to drive. Talk to your lawyer about adjusting your compensation to cover the costs of your emotional suffering. 

What If I’m Partly at Fault for a Rochester Motorcycle Accident? 

Insurance companies and the at-fault party may try to pin the blame on you. Worse, you may suspect you’re partly at fault, and you may be worried about admitting to that fault. That can hurt your case, especially if you don’t have a motorcycle accident lawyer on your side. 

New York has contributory negligence laws that will reduce the value of your claim based on the percentage of fault. For example, if you’ve been found 20 percent at fault, you’ll only receive 80 percent of the compensation you’re due. 

The good news is that, even if you’ve already admitted fault, you still have a chance to receive compensation. Even better, your lawyer can help you avoid admitting fault and get the funds you’re due for your injuries. 

Contact a Rochester Motorcycle Accident Attorney

Motorcycle accidents are scary, but when they happen, you shouldn’t have to pay for the costs associated with something that you didn’t cause. Connecting with an experienced law office can help you decide what your next steps should be. 

Contact Brown Chiari LLP to schedule a time to speak with them about the accident you or your loved one has been in. You can call 716-681-7190 or fill out the contact form on the website when you’re ready for a free consultation with your Rochester motorcycle accident lawyer.