Motorcycle accidents are an unfortunate but common occurrence in Greenburgh. Many motorcyclists suffer catastrophic injuries that require a significant amount of compensation to cover.
Fortunately, our Greenburgh motorcycle accident lawyers can help you file a lawsuit against the negligent driver. New York follows no-fault insurance rules, which prevent some victims from filing a lawsuit, but these rules do not apply to motorcycle accidents. Injured riders can file a lawsuit for damages without overcoming New York’s “serious injury” threshold.
If you were injured because of a motorcycle accident, seek support from our experienced Greenburgh motorcycle accident lawyers by calling The Martello Law Firm at (718) 841-0083. Contact us today for a free case assessment.
Common Injuries Caused by Motorcycle Accidents in Greenburgh, NY
Victims of motorcycle accidents can experience a wide range of traumatic injuries that could change their lives. More often than not, motorcycle accidents result in severe injuries requiring significant financial compensation to recover. In some cases, victims might need life-long treatment for their injuries. The following are common injuries caused by motorcycle accidents in Greenburgh:
- Broken bones
- Traumatic brain injuries
- Road rash
- Burns
- Nerve damage
- Soft tissue injuries
- Spinal cord damage
- Internal injuries
- Lacerations
- Contusions
Any one of these injuries can seriously impact a victim’s life. Our Greenburgh motorcycle accident lawyers can evaluate your case, so you do not miss out on the vital compensation you deserve.
How to Recover Damages for a Motorcycle Accident in Greenburgh, NY
New York follows no-fault insurance rules that govern how compensation is paid after a traffic accident. No-fault insurance compensates victims for their injuries from their own personal insurance protection (PIP) insurance. It does not matter who caused the accident, your PIP insurance will typically cover your medical expenses and lost wages.
If your PIP insurance is exhausted from covering your injuries, you can likely file a third-party claim against the at-fault driver’s insurance for the remaining balance. However, the biggest issue with no-fault insurance for most accident cases is that victims cannot file a lawsuit for damages unless they suffered serious injuries in their accident.
Fortunately, New York’s “serious injury” threshold does not apply to motorcycle accidents. If you are injured in a motorcycle accident, you can file a lawsuit as a matter of right in addition to any insurance claims you file. In most cases, a lawsuit will be the right choice to recover the full range of damages you could need for the injuries you suffered in your motorcycle accident. More evidence can usually be recovered during litigation, as well, which could vastly improve your chances of maximizing your compensation. Our Greenburgh motorcycle accident lawyers can help you with the insurance claims process and file a lawsuit against the negligent driver.
Evidence Used to Prove a Greenburgh, NY Motorcycle Accident Lawsuit
Most motorcycle accident cases require a great deal of evidence to prove. Evidence comes in several forms and from a variety of sources. Each piece of evidence in your case will be crucial to establishing the elements of a negligence lawsuit, so you recover the compensation to which you are entitled. The following are examples of evidence frequently used by our Greenburgh motorcycle accident lawyers:
Physical Evidence from the Scene
Physical evidence from the scene of a motorcycle crash can be very helpful in proving your claims. Damaged pieces of your bike, beer cans from the at-fault driver’s car, and damaged helmets are just a few pieces of evidence that can speak loudly in court. However, recovering and preserving physical evidence for court can be difficult. Fortunately, the court allows photographic evidence where physical evidence cannot be provided.
Photos from the Scene
Photos from the scene of your motorcycle accident can be immensely useful if physical evidence cannot be provided in court. Photos greatly help paint a picture of your accident and the injuries you sustained, which could impact the compensation you eventually recover. For example, a photo could show the impact damage to your bike, which might imply how fast the other car was going when you were hit.
Photos can also be used to disprove assertions made by the at-fault driver. For instance, if a driver tried to claim that the weather was poor and that contributed to causing the accident, a photo showing that the weather was clear that day would severely damage their credibility.
Also, be sure to take pictures of your injuries after your accident. We can use these, along with photos of the injured area before the accident, to show the damage inflicted in your motorcycle accident.
Reports and Records
Records and reports are vital pieces of evidence in a Greenburgh motorcycle accident lawsuit. Your medical records, bills, and employment records of lost wages will be submitted with your lawsuit to prove your damages. These records will also help prove how the other driver caused your injuries.
In most cases, the police should have investigated your accident and made a police crash report of the incident. Police reports contain all kinds of useful information, which can lead to other valuable evidence sources.
Witness Statements
Witness statements can also prove useful in proving how your motorcycle accident occurred. Witnesses can make statements in written testimony and offer their oral testimony in court. However, the sooner these statements are taken, the better. Statements of an accident become more suspect the further they are made from when they happened.
However, getting a witness to court and preparing them to testify can be challenging. Our Greenburgh motorcycle accident lawyers can contact witnesses on your behalf and coordinate with them so that they are available for court.
We can also procure expert witnesses to testify or make reports if necessary. If your motorcycle accident was more complex than normal, expert testimony might be required to establish your theory of how the accident occurred.
Our Greenburgh, NY Motorcycle Accident Lawyers Can Help
If you suffered injuries in a motorcycle accident, our Greenburgh motorcycle accident lawyers can help you pursue the monetary damages you deserve. Reach out to The Martello Law Firm at (718) 841-0083 for a free review of your case.
