New York City Motorcycle Accident Lawyers
Experienced Attorneys Fight for the Maximum Compensation Possible
The attorneys at
Rubenstein & Rynecki have a thorough understanding of the motorcycle-related issues that typically
lead to accidents. Each
lawyer at our firm has extensive experience in fighting for maximum awards for motorcycle
The Risks to Motorcyclists on New York Streets
In many ways, motorcycles offer a viable alternative to larger vehicles
when navigating congested NYC streets. However, traffic congestion also
increases the risks of motorcycle accidents. Drivers of
other larger vehicles cannot always see motorcycles – and drivers tend to put responsibility
for accident avoidance on motorcyclists, even though the rules of the
road apply to all vehicles.
Though motorcycle accident fatalities are declining, accident numbers remain
quite high. According to the National Highway Traffic Safety Administration,
there were 4,985 accidents in 2018, 5,229 in 2017, and 5,337 in 2016.
Even if they wear helmets, motorcyclists do not benefit from the same
protection afforded to occupants of other types of vehicles.
Collisions have a greater likelihood of causing serious injuries, including
head and brain trauma, broken bones, internal injuries, and debilitating spinal cord damage
– particularly when accidents throw riders from their vehicles.
Riders who are in serious accidents often need extensive and costly medical
treatment and therapy over a long period to achieve full or partial recovery,
while others face permanent disability.
How Our Attorneys Can Help
In addition to dealing with extensive injuries, motorcyclists can face
adverse public opinion when claiming the negligent acts of others caused
an accident. At Rubenstein & Rynecki, we anticipate and seek to counteract
negative attitudes on the part of potential jurors. We conduct thorough
investigations, using a network of investigative experts when needed to
develop compelling evidence for each case. We also rely on medical specialists
to accurately compile a list of all past, current, and future anticipated
expenses to help our clients pursue the full value of their claims.
Damages Available for a Motorcycle Accident
Because motorcycle injuries can be so severe, an accident victim may need
a lifetime of compensation to cover medical and personal care, as well
as lost earnings.
Damages recoverable after motorcycle accidents can include:
- Present and future medical bills
- Present and future lost wages
- Expenses for rehabilitation and personal care
- Expenses for home modification to accommodate a disability
- Pain and suffering
- Loss of quality of life
- Loss of enjoyment of life
As your advocates, our highest duty is to recover the maximum amount of
compensation available given the facts of your case.
Common Causes of Motorcycle Accidents
Motorcycles accidents can be caused by numerous factors. Knowing the warning
signs can help you keep an eye out and potentially save you from an accident.
Here are some of the most common causes of motorcycle accidents:
- Distracted drivers
- Inexperienced drivers
- Drunk driving
- Vehicles suddenly stopping
- Reckless driving (speeding)
- Poor weather conditions
- Lane changes
- Poorly maintained roads
Do You Have to Wear a Motorcycle Helmet in New York?
Per New York state law, all operators and their passengers on a motorcycle
must wear a helmet. The helmet must meet federal DOT requirements as well.
Riders also must be wearing proper eye protection, whether that is the
face shield on a helmet, goggles, or other approved eyewear. In New York
City, if you choose to not wear a helmet and are caught, you can face
fines of $100, be sentenced to 30 days in jail, or both.
Most notably, however, if you are involved in a motorcycle accident that
isn’t your fault and you chose to not wear a helmet, the amount of compensation
you receive could be reduced. This is because you could share fault for
your injuries by not wearing a helmet.
How New York’s Comparative Negligence Rule Can Limit Your Recovery
Since 1975, New York has operated under the rule of pure comparative negligence.
This means that an injured party who shares the blame for an accident
can recover damages from an at-fault defendant, but those damages are
reduced according to the injured party’s degree of negligence. Even
if you are mostly at fault, you can recover some measure of compensation.
However, you could be severely injured and be unable to recover the full
amount of your losses. For example, if your total economic and noneconomic
losses total $400,000, but you are 20% at fault for the crash, you can
only collect 80% of your damage amount, or $320,000.
As your counsel, we not only prosecute your case against at-fault parties,
but we also defend you against accusations that you were also at fault.
Your Time to Act Is Limited
Under New York law, a lawsuit must be filed within three years of the date
a motorcycle accident occurred. While there are exceptions that could
extend that period, you should act as quickly as possible. Over time,
evidence can be lost, and witnesses’ memories can fade. A delay
could seriously compromise your case.
Seek Support from an Experienced Motorcycle Accident Lawyer in New York
If you or a loved one sustained injury in a motorcycle accident, the experienced
lawyers at Rubenstein & Rynecki can make a difference to your case.
It costs nothing to schedule a free consultation with a lawyer at our firm.