If you were in a motorcycle accident caused by someone else’s negligence, you may have sustained catastrophic injuries — and suffered a significant amount of financial loss. While navigating the legal landscape in the aftermath of an injury can be overwhelming, stressful, and complex, you may be wondering, “how can a personal injury attorney assist me with my motorcycle accident case?” Importantly, an attorney who focuses on these types of claims can guide you through the process of filing a lawsuit and help ensure you receive the compensation you rightfully deserve.
A personal injury attorney can assist you with your motorcycle accident case in the following ways:
Evaluate Your Claim
Before you file a lawsuit, it’s essential to understand your rights and options. A personal injury lawyer who handles motorcycle accidents will be able to evaluate the details of your case and determine the strength of your claim. They can also explain complex legal terms and procedures, investigate the accident, assess liability, and ensure your legal rights are protected.
Assess Liability
Motorcycle accidents are often much more complex than other motor vehicle accidents — and establishing liability can be complicated. Depending on the facts of the case, potentially liable parties can include another motorist, a municipality, or the motorcycle manufacturer. A personal injury attorney will assess a variety of factors to determine liability, including whether the accident was caused by another driver’s carelessness or recklessness, defective road conditions, or mechanical failure.
Gather Evidence
A personal injury attorney who focuses on motorcycle accident cases will understand what evidence can help support your claim and how to obtain it. Specifically, evidence in a motorcycle accident case can include the following:
- Medical records
- Witness statements
- Traffic camera footage
- Photographs and video footage of the accident scene
- Dashcam footage
- Vehicle records
- Expert testimony
A good attorney will know the legal procedures to help ensure evidence is preserved — and what procedural measures should be taken if the at-fault party willfully destroys it.
Determine Your Damages
While motorcyclists are excluded from New York’s at-fault system, they do not get coverage for their medical bills like other motorists who have been in accidents. If a negligent party caused the collision, you would have to bring a claim directly against them to recover your damages. A personal injury attorney can determine the extent of your losses and help you recover the economic and non-economic damages you suffered in a personal injury lawsuit.
Negotiate with the Insurance Company
The injuries sustained in a motorcycle accident are often much more severe than those caused by car accidents. However, insurance adjusters will use a variety of tactics in an attempt to devalue your motorcycle accident injuries — or deny your claim — no matter how serious they are. A good personal injury lawyer will know the strategies the insurance adjusters use and how to counter them during negotiations. Importantly, once you are represented by counsel, the insurance company can no longer communicate with you directly.
Litigate Your Case in Court
If the insurance company refuses to settle your motorcycle accident case for a fair amount of compensation, a good personal injury attorney will know whether a better outcome might be obtained by litigating in the courtroom. They will be able to prepare a strong argument that supports your position, present evidence, call expert witnesses, and advocate for your rights at trial to help ensure you receive the monetary recovery you deserve.
Contact an Experienced New York Personal Injury Attorney
If you were hurt in a motorcycle accident, it’s important to have the assistance of a personal injury attorney who can protect your rights. The Edelsteins, Faegenburg & Blyakher LLP is a New York personal injury firm committed to advocating for motorcycle accident victims and strives to secure their rightful compensation. Handling every case with diligence, skill, and integrity, we have an impressive track record of securing substantial settlements and verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.