New York Motorcycle Accident Lawyer
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New York is ranked sixth in the United States in licensed motorcycle operators. This means that the state sees more than 4,000 motorcycle accidents, and approximately150 deaths, every year. Motorcycle accidents often lead to serious injury or death. There are several reasons for the high fatality rates of motorcyclists, including the fact that motorcycles offer no protection either from the elements or from the road or other vehicles. Additionally, many automobile drivers aren't as aware of motorcycles as they are of other cars; they therefore are more likely to rear-end them, back into them, or otherwise impact them. In fact, in 80% of motorcycle accidents, the fault lies with negligent automobile drivers. You are also more likely to end up hospitalized in a motorcycle accident than if you were in a full-sized vehicle.
There are steps you can take, however, to decrease your chance of having an accident or sustaining an injury. It is state law in New York that all motorcycle operators must wear an approved helmet, and this is commonly believed to be responsible for a decrease in deaths. You also are required to have protective eye wear and to keep headlights on even during the daytime. Taking a motorcycle safety course and learning some techniques for defensive driving can also help you stay safer on the roads.
If you are in a motorcycle accident, there are several steps to take immediately. Contact the police and emergency medical personnel, if anyone has been injured. Exchange insurance information with the other motorists, and be sure to get any witnesses' contact information as well. Take photographs of the scene if possible. Do not admit fault or discuss fault with anyone else on the scene.
Even if you have not sustained immediate injuries, it's still important to see a doctor as soon as possible. Some injuries might not be readily apparent, but could develop within the coming weeks as a result of the accident.
If an insurance adjuster contacts you and attempts to negotiate a settlement with you, or to get you to make a taped statement to them, you are within your rights to refuse to do so. There is no legal obligation to give a formal statement to the adjuster, and it's in your best interest to contact an attorney before you do so. After all, the insurance adjuster is working for the insurance company, and will try to sway any deal in their favor, not in yours.
Lastly, you should contact a personal injury attorney to review your case right away. The sooner you hire an attorney, the better your chance of a successful outcome in your case. Your attorney can help you communicate with insurance companies, locate witnesses, and find a doctor that will wait for payment. Most personal injury attorneys will take your case on a contingency basis. They do not get paid unless you win your case and they will take their fee as a percentage of your award.
Although any personal injury attorney could take on your case, it's a good idea to find one who specializes in motorcycle law. There are many lawyers throughout New York that specialize in representing motorcyclists in injury or wrongful death cases.
Legal•Info State Motorcycle Accidents Information
Legal•Info State Resources
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