New York Motorcycle Accident Lawyer
Fighting for the fair compensation you deserve
Although any car accident can be devastating, motorcycle crashes tend to have the highest rates of severe injury and death. According to the National Highway Traffic Safety Administration, more than 5,500 motorcyclists died in fatal traffic accidents nationwide in 2020 (the latest year for which data are available). Furthermore, motorcyclists were four times more likely to be injured and nearly 30 times more likely to die in traffic accidents than occupants of passenger vehicles.
Most motorcyclists know the risks that come with sharing the road with others, but this does not mean that they can always avoid becoming involved in accidents. Even the safest, most defensive motorcyclist is at risk.
At Keith D. Silverstein & Associates, we represent injured motorcycle operators and passengers, as well as the families of those wrongfully killed. Our motorcycle accident attorney in New York has decades of legal experience and a long track record of success. We understand how the other side operates and we have what it takes to effectively advocate for you.
Learn how our firm can help you fight for fair compensation after a devastating motorcycle wreck.
Call (646) 813-3922 or contact us online for a free consultation. Hablamos español.
What Are the Leading Causes of Motorcycle Accidents?
Some examples include:
- Distracted driving, including texting
- Driving while intoxicated/under the influence of alcohol or drugs
- Speeding, including driving too fast for current conditions
- Failing to check for motorcycles in a vehicle’s blind spots
- Failing to yield the right of way
- Fatigued/Drowsy driving
- Disobeying traffic control devices, such as red lights or stop signs
- Opening car doors into the path of motorcyclists/oncoming motorcyclists
- Following too closely (tailgating)
- Aggressive and reckless driving, including road rage
- Unsafe or illegal driving maneuvers, such as turns, lane changes, etc.
In some cases, other factors not attributable to negligent motorists play a role in causing motorcycle accidents. Examples include poorly maintained roadways, roadway hazards and debris, and even defectively designed or constructed highways, streets, and roads.
At Keith D. Silverstein & Associates, we evaluate all possible causes to not only determine why the accident occurred but also who was at fault. By identifying the at-fault party, we can prove liability and seek fair compensation for your accident-related damages.
Common Motorcycle Accident Injuries
Some of the most common types of injuries resulting from motorcycle accidents include:
- Severe cuts, scrapes, and abrasions
- Head, neck, and back injuries
- Burn injuries and road rash
- Traumatic amputation
- Soft tissue and organ damage
- Broken bones/fractures
- Traumatic brain injuries
- Spine injuries, including paralysis
- Internal injuries
- Whiplash
New York Motorcycle Helmet Laws
If you are riding a motorcycle in New York state, you are required to wear a helmet. This goes for passengers on the motorcycle as well. Unlike some other states, there aren’t any exceptions for your age or experience level. Helmets also must meet federal standards in order to be compliant with the law. Alongside wearing a helmet, you must also wear proper eye protection.
If you choose to not wear a helmet, you can be fined up to $100, get 30 days in jail, or both.
How our motorcycle accident attorneys can help
Our founding attorney, Keith D. Silverstein, has more than 35 years of legal experience, including two decades spent in insurance defense. With this background, he is able to stay one step ahead of the other side, anticipating the tactics insurance companies use to dispute, devalue, and deny motorcycle accident claims.
Our entire team is committed to standing up for the rights of bikers. We know how to fight back against insurance adjusters who try to claim that injured bikers are to blame for accidents, and we can present clear, evidence-based arguments before judges and juries.
We offer free consultations and contingency fees — you do not pay any legal fees unless/until we recover compensation for you.
Get in touch with us today at (646) 813-3922 to schedule a complimentary case review.
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Frequently Asked Questions About Motorcycle Accident Cases
Does No-Fault Insurance Cover Motorcycle Accidents in New York?
Although New York is a no-fault car insurance state, this does not apply to motorcyclists. Motorcycle accidents are not covered by no-fault insurance in New York, meaning you will likely need to prove that another person or party was at fault to recover compensation for your damages.
Under New York’s pure comparative negligence rule, you do not need to prove that another person or party was entirely at fault for the accident, just that they share some of the blame. Even if you were more than half at fault, you can still file a claim and seek compensation. However, you won’t be able to recover the full amount you are seeking; instead, your recovery will be reduced by your percentage of fault.
For example, if you were severely injured in a motorcycle accident and sustained $100,000 in damages, but the insurance adjuster finds you 20% at fault for the crash, your recovery would be reduced by 20%. This means that you would only be able to collect up to 80% of the amount you are seeking in damages, or $80,000.
Determining Liability in Your Motorcycle Accident Case
To determine who is liable, our attorneys investigate the following:
- Did someone else have a legal responsibility, or duty of care, to take reasonable actions to prevent foreseeable injury?
- Did the other person or party fail to uphold this duty of care by acting negligently, wrongfully, or by violating the law?
- Were you injured as a result of the other person or party’s negligent, wrongful, or unlawful conduct? Did your injuries lead to measurable damages for which you can be compensated?
We Care About Your Healing Our Client's Story
"My husband was injured a few years ago and Keith D. Silverstein & Associates was there to help him receive the compensation he deserved. They worked hard and never settled for anything less than what they thought he was entitled to."
— Virginia
We Fight for You: We Are Your Trusted Injury Law Firm in New York
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