Staten Island Motorcycle Accident Lawyer
Have you been seriously hurt in a motorcycle accident in Staten Island, NY? Have you lost a loved one in a fatal motorcycle crash? You may be entitled to fair compensation for your lost earnings, pain and suffering, and medical expenses. A Staten Island motorcycle accident lawyer at Rosenbaum & Rosenbaum, P.C. is here to help you build the strongest case possible.
We will fight for the compensation you need and put over 40 years of legal experience to work for you.
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How Rosenbaum & Rosenbaum, P.C. Can Help You After a Motorcycle Accident
Motorcyclists have little protection in a crash and often suffer serious, catastrophic injuries in a collision. You do not deserve to fight an uncaring insurance company for your claim and damages when you are hurt, unable to work, and facing financial uncertainty.
Rosenbaum & Rosenbaum, P.C. has fought for the rights of injured motorcyclists in Staten Island, New York, for over 40 years.
Our Staten Island personal injury lawyers can help you with a personal injury protection (PIP) claim with your own insurance company. We can also represent you in a lawsuit against a negligent driver to recover the full compensation you deserve.
Rosenbaum & Rosenbaum, P.C. has a 10.0 Superb AVVO rating and is a member of the Multi-Million Dollar Advocates Forum, which is limited to attorneys who have recovered seven figure settlements and judgments on behalf of clients. Our attorneys have also been recognized among America’s Top 100 Attorneys.
Put our passion, expertise, and reputation to work for you, and we will:
- Offer legal advice throughout your case to help you make informed decisions
- Conduct an independent investigation into your crash to gather evidence
- Work with experts to interpret evidence and create expert testimony proving causation, negligence, and the value of your damages
- Negotiate with the insurance companies on your behalf
- Present your case to a jury to seek full compensation
You do not have to go up against the insurance company alone. Call our law office for a free consultation with a Staten Island motorcycle accident attorney ready to fight for you.
How Common Are Motorcycle Accidents in Staten Island, NY?
According to the New York State Traffic Safety Statistical Repository, there were over 134,000 motor vehicle accidents in New York City in 2019. Approximately 5% of these accidents occurred in Staten Island. In 2019, there were 83 motorcycle accidents in Staten Island.
Across NYC, there were 1,682 motorcycle crashes in 2019. Despite being only 2% of registered vehicles in NYC, motorcyclists account for about 14% of all traffic fatalities.
New York City motorcyclists have a fatal crash rate double the state’s average. Among motorcyclists killed in accidents, 56% were under 35 years old. Nearly 43% did not have a proper motorcycle license. Most accidents occurred on the weekend.
What Is My Motorcycle Accident Case Worth?
The value of your motorcycle injury claim will be based on many factors. Every accident case is unique. As a general rule, accidents involving serious injury, impairment, disability, disfigurement, and pain have a higher value. These types of cases result in not only higher medical expenses based on future needs but higher non-economic losses.
Factors that may affect the value of your case include:
- The type and severity of injuries
- Impairment, disability, or long-term medical needs
- Insurance coverage available
- Whether you were partially at fault for the accident
- How your life has been affected by your injuries
New York law does not limit the economic and non-economic damages you may recover. Rosenbaum & Rosenbaum, P.C. will build the strongest negligence claim possible to help you seek full compensation for your current and future damages. Contact us for a free consultation with a Staten Island motorcycle injury lawyer to discuss what your case may be worth.
What Kind of Damages Are Available to Motorcycle Accident Victims?
Damages in a personal injury case may be divided into three broad categories:
- Economic damages for financial losses, like lost wages and medical bills
- Non-economic damages for psychological and emotional losses, such as disfigurement and pain and suffering
- Punitive damages, which are rarely awarded, to punish a defendant for egregious wrongdoing
The types of damages you may be entitled to include:
- Current and future medical bills
- Lost wages, including reduced earning capacity and lost benefits of employment if disabled or impaired
- Pain and suffering
- Mental anguish
- Emotional distress
New York is a no-fault insurance state. You will need to file a claim against your personal injury protection (PIP) coverage first for damages. Your insurance will only cover your economic losses, not non-economic losses.
If you meet the New York “serious injury” threshold, you can file a claim against the at-fault party and their insurance company. This allows you to recover compensation for all of your damages, including emotional trauma, pain, and anguish.
If you have suffered even moderate injuries, a personal injury lawyer can be invaluable when submitting a claim to insurance, even your own policy. Your lawyer will help you present the strongest claim possible for your damages, argue the full value of the harm you have suffered, and fight attempts to shift blame.
Can I Recover Compensation if I’m Being Blamed for a Motorcycle Accident in New York?
The New York pure comparative negligence rule is used in personal injury cases that involve shared blame. When negligence is shared by two or more parties, this rule allows you to recover damages no matter your share of blame. Each party is assigned a percentage of blame. Your recovery will be directly reduced by your share of fault.
If you have a claim for $80,000 in damages but are found to be 30% at fault, your recovery will be only $56,000 (reduced by 30%).
The insurance company will use shared fault rules to their advantage. A personal injury lawyer can help when you’re being blamed for your crash by carefully gathering and interpreting evidence that proves who was at fault.
We’ll Fight to Recover Compensation for All of Your Motorcycle Accident Injuries
Motorcyclists are far more likely to suffer serious injury or death in a traffic accident than car occupants. In 2017, more than 89,000 motorcyclists suffered serious injuries in the United States. The NHTSA also found that motorcyclists are 27x more likely to be killed than car occupants in an accident.
At Rosenbaum & Rosenbaum, P.C., we will give you the experienced legal representation you deserve to fight for full compensation for injuries, such as:
- Brain injuries
- Catastrophic injuries
- Spinal cord injuries
- Back injuries
- Neck injuries
- Road rash and soft tissue injuries
- Organ damage
We will also fight for the money you deserve for your invisible injuries, such as depression, PTSD, and reduced quality of life. Contact our law firm today for a free consultation with a motorcycle accident lawyer in Staten Island to discuss your case.
What Causes Most Motorcycle Accidents in Staten Island, New York?
Motorcycle crashes occur for many reasons. Motorcycle accidents are more likely to be single-vehicle crashes than other motor vehicle accidents. This is attributed to the greater level of difficulty operating a bike, rider inexperience, and road conditions, like potholes and debris.
However, most motorcycle collisions are caused by negligence or human error. Both a motorcyclist or another driver may be responsible for a crash.
Common factors in motorcycle accidents include:
- Drunk driving. Nearly 27% of fatal motorcycle accidents involve alcohol.
- Lane splitting. An illegal and dangerous practice.
- Speeding. Which is involved in 33% of fatal motorcycle accidents. Crashes involving sports bikes are more likely to be speed-related.
- Left-hand turns. Around 40% of accidents involving a motorcycle and another vehicle happen when the other vehicle is making a left turn.
- Defective road conditions.
At Rosenbaum & Rosenbaum, P.C., we will conduct an investigation into your crash to determine the primary causes and who is ultimately to blame.
How Do I Prove Negligence After a Motorcycle Accident in New York?
Successfully recovering compensation after a motorcycle crash requires proving negligence–or that someone else failed to exercise the level of care expected from a reasonable person in the situation.
A personal injury case requires proving all four elements:
- You were owed a duty of care by the defendant. All motorists owe others a duty to obey laws, exercise caution, and drive safely.
- The defendant breached their duty of care.
- This breach directly caused your crash and injuries.
- You suffered damages as a result of the crash with a value that can be established.
To help you prove negligence, we will investigate your accident and gather evidence such as video surveillance, medical records, cell phone records, police reports, and more. We work with experts and specialists in many fields to develop expert testimony on how your accident happened and what role each factor played in the crash.
How Long Do I Have to File a Lawsuit After a Motorcycle Accident in New York?
You have only three years from the date of your crash to file a lawsuit for damages. This New York statute of limitations has few exceptions. If you do not file your claim in time, you will be barred from recovering any compensation for the injuries you suffered. Note that claims against government entities like the state or city have even shorter deadlines.
Contact a Staten Island Motorcycle Accident Lawyer for a Free Consultation
Rosenbaum & Rosenbaum, P.C. will help you hold the responsible party accountable for your injuries and seek the compensation you deserve. We will fight the insurance company on your behalf to ensure you are treated fairly. Contact our law firm today for a free consultation with a Staten Island motorcycle accident lawyer committed to giving you the passionate legal representation you deserve.