Staten Island Motorcycle Accident Lawyer

Driving a motorcycle is a freeing experience, and it may transform your repetitive daily commute into something more enjoyable. Unfortunately, it doesn’t come without risks. Every year, many motorcyclists are left with permanent injuries. In other cases, you may have lost a loved one to a fatal accident.

If you’ve been involved in a Staten Island motorcycle accident, you’re likely dealing with stress, pain, and financial difficulties, especially if you’ve been forced to take time off work.

But you don’t have to deal with this situation by yourself. A Staten Island motorcycle accident lawyer at Kuharski, Levitz & Giovinazzo, Esq. can guide you through the claims process, and provide you with the compensation you deserve.

What Causes Staten Island Motorcycle Accidents?

Motorcycles offer freedom and fun to their riders, but this type of vehicle also leaves drivers exposed to many dangers on the road. Unfortunately, that means many motorcyclists struggle to pinpoint the cause of their accidents. That makes it harder to identify who’s at fault for the conditions that led to their accidents.

The term negligence encompasses all the reasons behind a motorcycle accident, but there are specific violations that have made these collisions so frequent and dangerous. While there are many causes, these tend to be more frequent and dangerous for the motorcyclist.

Speeding

Speeding is the leading cause of road accidents and a problem that won’t disappear anytime soon. Drivers who are late or don’t care about speed limits are the main culprits behind this behavior. In 2022, speeding killed 12,151 people, which was a contributing factor in 29% of all traffic fatalities. Unfortunately, motorcyclists often pay the price for it.

It’s difficult to avoid a speeding vehicle, as you only have a few seconds to react if you’re lucky. If you’re able to spot this dangerous behavior, try to keep your distance and drive defensively. Do not challenge someone going over the speed limit, as it might result in fines and losing your rights to be compensated.

Driving Under the Influence

Drunk driving is extremely dangerous for motorcyclists, as a vehicle that’s moving erratically without a logical pattern can do an extreme amount of damage, especially when there’s poor visibility. It’s no coincidence that most accidents involving drunk drivers take place in dark areas or at night.

Even in this scenario, it’s better to keep your distance, but sometimes it’s not possible to do so. Stopping your vehicle and getting off the road until you’re safe may often be the most viable option and can help you prevent a high-speed collision.

Tailgating and Aggressive Driving

Tailgating a motorcycle is never a good idea. If a car is doing so and you suddenly stop, they may not have the time necessary to operate the brakes and you’ll be on the receiving end of a strong impact, which could destroy your bike and your gear, and it can seriously injure you. Following too closely resulted in 71,887 automotive collisions in 2018, making it the second-most common factor in crashes statewide (after driver distractions).

When a driver in a car acts aggressively, it can put you in a dangerous situation. If possible, slowing down or pulling over to get away from the aggressive driver is often the best way to avoid the situation. If you’ve been injured by an aggressive driver, your lawyer can help you take action.

Do I Need Representation for a Staten Island Motorcycle Accident?

Many accident victims are influenced by stereotypes about lawyers, which causes them to hesitate when it’s time to connect with an attorney. Sadly, this mindset is often the reason behind their failure to obtain a fair settlement offer. In these cases, they decide to proceed by themselves and make mistakes that defendants will use to their advantage.

While you’re not required by law to seek legal representation, a Staten Island motorcycle accident claim often involves large amounts of money, and a lot can take place behind the scenes. That’s why you should speak with an attorney as soon as possible. Here are a few examples that explain why this step is the basis behind your claim’s success.

Life-Changing Injuries

A motorcycle’s structure doesn’t leave much room for error. When you’re driving a car, you’re protected by anti-crash systems that activate as soon as another driver hits your vehicle. Something as simple as an airbag could protect you from a brain or spine injury, and the lack of a metal frame can leave you with a more serious Staten Island motorcycle accident.

When you’re driving a bike, you only have your protective gear, your helmet, and your senses, which are fallible. Because of the lack of protection, you may face some or all the following injuries:

When you’re facing a disability that changes your life forever and renders you unable to do certain things, handling a lengthy legal procedure without the knowledge to do so is an unnecessary strain. An attorney can save you from feeling stressed and overwhelmed by taking legal action on your behalf.

The Insurance Company Won’t Help You

Insurance negotiations can get complicated, and you might find yourself in a loop of offers and counter-offers for an extended amount of time, which you can’t afford to waste when medical bills and all other expenses keep piling up. Unfortunately, adjusters often try to waste time while lowballing you in the hopes that you’ll accept an insufficient amount of money.

When seeking compensation through the insurance company, you may have your claim denied by adjusters who don’t believe you need to be compensated for your Staten Island motorcycle accident. Unfortunately, these companies see their profits as a priority and giving you a good settlement offer goes against their interests.

They may also try to diminish your claim’s value or deny your right to compensation. Your legal advisor will take care of this on your behalf, gathering evidence to prove you’re due compensation for your suffering.

You Don’t Know Who’s Liable

Gathering evidence and pinpointing the person responsible for your injuries while juggling your recovery is tough. Being unsure who’s liable for your injuries can complicate the claims process.

If multiple parties can be considered responsible and you take legal action against a single entity, the amount of compensation you’ll receive if you’re successful may be reduced. A Staten Island motorcycle accident attorney will carry out an investigation before proceeding. Your lawyer will use the evidence obtained to hold all parties liable.

Damages for a Staten Island Motorcycle Accident Claim

Your settlement amount will depend on the circumstances that influenced your accident, the number of negligent parties, and every other factor that could have contributed to the accident.

When you take legal action after a Staten Island motorcycle accident, the damages you’ll be awarded if you’re successful can go beyond what you may normally expect as compensation. Talk to your lawyer about getting the following damages.

Economic Damages

When you’re hurt in a Staten Island motorcycle accident, you need funds to cover the costs of your recovery. These damages should cover any costs you may incur because of your injuries. For example, your medical bills may include the following:

Hospitalization
Emergency treatment
Therapy
Physical rehabilitation

But your hospital bills are only a portion of what you’re due. For example, these injuries can stop you from returning to work, as your body can’t handle the tasks you previously committed to without suffering. Losing your ability to generate income can lead to financial stress, which will slow down the recovery process and compromise your mental state.

Likewise, you may have serious losses of property, especially if your motorcycle was totaled in the accident. This can be expensive to repair or replace.

Keep in mind that these calculations can be difficult without extensive knowledge of the law. Even when they’re done correctly, the insurance company will fight back and accuse you of suffering from a pre-existing condition. For this reason, you should always let your Staten Island motorcycle accident attorney take care of this process.

Non-Economic Damages

Non-economic damages aren’t quantified and assigned a specific dollar value like economic damages, but that doesn’t mean that you didn’t suffer because of them. A Staten Island motorcycle accident negatively impacts your quality of life, and you deserve to be compensated for what you’re going through every day because of someone else’s preventable mistakes.

A qualified attorney will make sure that your settlement includes pain and suffering, which refers to the mental anguish and the constant pain you’ve had to endure due to negligence. There’s no universal formula to calculate this element, which is why you should keep a journal that describes your symptoms, as well as additional documentation that was written by a doctor.

Let’s say you were disfigured in a Staten Island motorcycle accident. When this happens, you may suffer severe anguish because your appearance has been impacted. The value of your damages may only grow from there if your appearance impacts your career. For example, a model who lost teeth or suffered a facial scar may have lost work because of their injuries.

Don’t forget that how you feel emotionally is an important factor in your accident claim. When your mental health is damaged by an unexpected event, it can be very difficult to get your life back on track. That’s why it’s crucial to let an attorney take care of the paperwork and difficult steps, like calculating the aforementioned damages.

Punitive Damages

If you’re able to prove that the at-fault party’s behavior carries a high degree of moral culpability or that they acted recklessly with an intention to cause harm, you may receive additional compensation, typically referred to as punitive damages.

A court awards punitive damages as a deterrent. Their intention is to prevent similar events from taking place in the future, even when done by others. Recovering these damages is particularly difficult, as they can only be obtained if your case goes to trial and they require more evidence and work than your other damages.

If you believe you’re due these damages, your lawyer can help you recover them. Your motorcycle accident lawyer in Staten Island can help you get the answers you need for your claim.

When Should I File My Staten Island Motorcycle Accident Claim?

According to New York’s statute of limitations, you have three years to file a claim from the date of the accident. This deadline can vary under specific circumstances. For example, when you lose a loved one, you have two years to proceed with your wrongful death claim. Once this legal deadline has expired, obtaining compensation will no longer be possible.

While it may look like you have a lot of time on paper, waiting too long can be detrimental and ultimately diminish your case’s value. It can even lead to your claim being dismissed completely.

Building a strong claim is not something that’s done in a day. Waiting too long before contacting an attorney could mean losing evidence that would have resulted in a quick resolution. Try to speak with a lawyer as soon as possible to get the results you’re due.

Staten Island Motorcycle Accident Claim Timeline

Personal injury cases are distinct, and no matter how similar they may appear, their resolution is never the same. There’s no definitive answer to how long your claim will take, as there are many elements that will influence a legal procedure’s length. If an agreement can’t be reached and your case goes to trial, it can take longer compared to just settling.

Don’t forget that a quick resolution is not always the answer. Your Staten Island motorcycle accident attorney will recommend you wait until the full extent of your injuries, your symptoms, and the effects of your treatment are known. Proceeding after you’ve reached maximum medical improvement is the best way to obtain adequate compensation.

Here’s the good news—your lawyer is here for you every step of the way. No matter how long it takes, our lawyers don’t settle for less than the full value of your claim.

While no amount of monetary compensation can bring back what you’ve lost, a fair settlement can help you improve your quality of life or properly honor your loved one’s memory. Don’t forget that when you obtain legal guidance, you have a knowledgeable professional who has your best interests at heart by your side. This can considerably shorten the amount of time needed for your case’s resolution.

Get Help from a Staten Island Motorcycle Accident Attorney

Many motorcycle accidents take place not because of motorcyclists, but because of negligent drivers who fail to keep the roads safe. Finding yourself unable to properly live your life or grieving is not fair, which is why you should seek legal representation and protect your rights.

Our team at Kuharski, Levitz, & Giovinazzo possesses the experience necessary to deal with the most difficult circumstances and will work hard to provide you with the compensation you deserve as an accident victim.

You can schedule your free consultation with a Staten Island motorcycle accident lawyer today by calling 718-448-1600 or completing the online contact form below. We’re ready to speak with you about your options to recover.

Staten Island Motorcycle Accident FAQ

A serious motorcycle accident in Staten Island can leave you struggling to physically recover for years after the accident. When you’ve first been injured, you may have questions about your journey to compensation and care.

Our lawyers are here to answer you. Talk to a lawyer through a free consultation, and check out the following questions and answers to learn more about the ways we can help your claim succeed.

What if I can’t afford a Staten Island attorney?

Our attorneys don’t work on a flat fee, nor do we charge hourly rates. Our lawyers are instead paid a contingency fee. That means, if your claim is successful, you pay a percentage of your settlement, which is capped by state law. If we don’t win your case, you don’t have to pay.

My child was injured in a Staten Island motorcycle accident. What can I do?

If your child is a minor, they’re not old enough to sue and take their claim to court on their own. Fortunately, you have options. Your child’s time limits won’t start until they turn 18 years old, allowing them time to sue, or you can act as their guardian ad litem with a lawyer’s help. That allows you to sue on your child’s behalf.

What if I’m partly at fault for my Staten Island motorcycle accident?

If you believe you’re partially responsible for your Staten Island motorcycle accident, admitting fault can hurt your claim. Even if you don’t take full responsibility, your claim may be reduced by the amount of fault placed on you. Your lawyer will instead help you diminish the impact of fault on your claim and maximize your compensation.

I was injured in a Staten Island hit-and-run. Can I still sue?

Hit-and-run accidents can be complex because the at-fault party fled the scene and may be difficult to find. Your lawyer will first help you identify the party that injured you, to get the justice you’re due. If this isn’t an option, your lawyer will help you seek compensation from your insurance company to cover the costs of your accident.

What if I was the only vehicle involved in my motorcycle accident?

While you may have been the only Staten Island driver on the road when your accident happened, you may still not be the one at fault. Your lawyer will determine whether a defective part, such as faulty brakes, or a road defect like a pothole caused your accident. The parties responsible for these defects may be held liable for your injuries.

Citations

Dangers of Speeding, NHTSA
https://www.nhtsa.gov/risky-driving/speeding

Following Too Closely (Tailgating) Tickets in New York – VTL 1129(a), TrafficTickets.com study
https://traffictickets.com/new-york/traffic-tickets/following-too-closely-vtl-1129a/