Motorcycle Accident Attorneys Serving Buffalo and All of New York
The Buffalo motorcycle accident lawyers at Fromen Injury Law know the devastation that can accompany a serious motorcycle accident. After a crash, you may find yourself facing pain, disability, high medical bills, and time away from work that you and your family cannot afford.
You should not have to bear the burden of someone else’s negligence alone. If another party’s wrongdoing caused you harm, you may be entitled to compensation for your physical, financial, and emotional losses.
Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. Our firm has recovered more than $300 million in verdicts and settlements on behalf of our clients and we may be able to help you. We proudly serve clients from Buffalo and across New York.
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Is It Worth Hiring A Buffalo Motorcycle Accident Lawyer?
After an accident-related injury, you should be focusing on healing, not figuring out New York’s legal system. A Buffalo motorcycle accident lawyer can assist with every aspect of your case and give you the best chance possible at recovering the full and fair compensation to which you may be entitled under the law. A motorcycle accident attorney can:
Gather Evidence
Legal victories are not given; they are won with evidence. In order to be compensated for your losses, you must prove the other party was negligent with compelling and factual evidence. Some cases are more complicated than others, especially those involving multiple parties.
A Buffalo motorcycle accident lawyer understands the complexities of New York law and knows how to obtain evidence that will bolster your claim, such as traffic camera footage, witness statements, police accident reports, and more.
Determine the Value of Your Claim
After a crash, many accident victims focus on recovering their immediate financial losses, like medical bills and property damage. However, many people fail to account for the future impact of a serious injury, or the pain, suffering, and emotional trauma they have suffered. An experienced attorney will look for every way in which an injury has impacted your life – both now and in the future. This assessment is crucial for recovering the maximum compensation you deserve to cover your immediate and long-term losses.
Prove Your Damages
Your lawyer’s ability to prove negligence and how the accident impacted your life is essential to your claim’s outcome. Your attorney will need to investigate every aspect of the crash and prove how the at-fault party’s negligence played a role in your injury and subsequent losses.
Negotiate with the Insurance Company
It’s important to understand that the insurance company is not on your side. They will use your words against you to devalue or deny your claim. You should always let your lawyer conduct communications with insurers. Experienced attorneys are seasoned negotiators. A lawyer will protect your best interests and negotiate on your behalf for a fair settlement that covers the full extent of your losses.
Take Your Case To Court
A good attorney won’t hesitate to bring your claim before a judge or jury if the insurance company fails to offer a fair settlement. The Buffalo motorcycle accident lawyers at Fromen Injury Law are renowned trial attorneys. In fact, we meticulously prepare every claim as though it will go to court. This relentless dedication has earned us a reputation among clients, law firms, and insurance companies alike. We aren’t intimidated by big insurance companies or their vast legal teams – and we have the results to prove it.
What Are The Most Common Causes Of Motorcycle Accidents?
Some of the most common causes of New York motorcycle accidents include:
- Distracted driving: Drivers not paying attention to the road can fail to see motorcyclists, leading to collisions.
- Speeding: Excessive speed reduces reaction time and increases the severity of crashes.
- Alcohol or drug impairment: Alcohol impairs judgment and reaction times, leading to accidents.
- Lane splitting: Riding between lanes of slow-moving or stopped traffic can lead to collisions with vehicles changing lanes or opening doors.
- Left-turning vehicles: Drivers turning left at intersections often misjudge the speed and distance of oncoming motorcycles.
- Road hazards: Uneven pavement, debris, potholes, and other road conditions pose a greater risk to motorcycles than to cars.
- Inexperience: Inexperienced riders may lack the skills necessary to handle unexpected situations or hazards on the road.
- Weather conditions: Rain, snow, fog, and ice reduce visibility and traction, increasing the likelihood of accidents.
What Is The Motorcycle Helmet Law In New York?
New York was the first state in the U.S. to adopt a universal motorcycle helmet law. Enacted January 1, 1967, this law requires any person operating or riding a motorcycle to wear a helmet approved by the Department of Transportation (see § 571.218 Standard No. 218; Motorcycle helmets).
The minimum requirements for motorcycle helmets in New York include:
- The DOT symbol must be located between 1 to 3 inches from the bottom of the helmet, signifying that the helmet has been approved by the Department of Transportation
- No rigid projections inside the helmet shell and no projections that protrude more than 0.2 inch from the outer helmet
- A continuous protective curved surface
- Peripheral vision clearance for the rider
Is Lane Splitting Legal In New York?
No, lane splitting is not legal in New York, nor most places in the U.S. other than California. Lane splitting, also known as white-lining, stripe-riding, or lane sharing, refers to the practice where a motorcycle rider rides between lanes or rows of slow-moving or stopped traffic moving in the same direction.
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Common Injuries In Motorcycle Accidents
Motorcycle accidents can lead to a variety of injuries, some of which can be severe or even fatal. Common injuries sustained in motorcycle accidents include:
- Head injuries: Traumatic brain injuries (TBI) and concussions can occur even with helmet use, leading to long-term cognitive and physical effects.
- Spinal cord injuries: These injuries can result in partial or complete paralysis and may cause severe pain and mobility issues.
- Fractures and broken bones: Limbs, particularly legs and arms, are prone to fractures and breaks during a crash.
- Road rash: Severe skin abrasions from sliding on pavement, often requiring medical treatment to prevent infection.
- Internal injuries: Damage to organs such as the liver, kidneys, and spleen, and internal bleeding, which can be life-threatening.
- Facial injuries: Fractured jaws, cheekbones, and dental injuries from impacts during the accident.
- Soft tissue injuries: Sprains, strains, and bruises involving stretched or torn ligaments and tendons.
- Psychological injuries: PTSD, anxiety, and depression from the trauma of the accident, requiring emotional support and therapy.
Who Is at Fault For A Motorcycle Accident?
One of the first steps toward recovering compensation for your injuries is identifying the party or parties who may be held responsible for the crash. An experienced Buffalo motorcycle accident lawyer at Fromen Injury Law can help with this. Our attorneys have the knowledge and resources needed to conduct a comprehensive investigation, pinpoint the cause of the crash, and identify the party or parties who may be liable for your injuries.
Parties that may potentially be held liable for a motorcycle crash can include:
- The other vehicle’s driver
- The other driver’s employer if the driver was on the clock at the time of the collision
- The government entity responsible for maintaining a defective roadway
- The motorcycle or motorcycle part manufacturer
- The motorcycle helmet manufacturer
- The business that sold alcohol to a drunk driver
New York adheres to a pure comparative negligence rule. This means that after a crash, each party can pursue damages even if they are mostly at fault for the collision. The compensation awarded to the injured party is adjusted based on their assigned percentage of fault.
For instance, if you are determined to be 40% at fault for an accident and the other driver is 60% at fault, you would be able to recover 60% of your damages. So, if you incurred $100,000 in damages, you would receive $60,000. On the other hand, if you are 60% at fault and the other driver is 40% at fault, you could still recover $40,000 out of $100,000 in damages. Even if you are found to be 99% responsible for a crash, you can still recover 1% of the damages.
This is just one of the many reasons why it is crucial to work with a lawyer who has substantial experience and a proven record of success in motorcycle accident claims. At Fromen Injury Law, we’ve been helping accident victims for more than 60 years. We have extensive experience handling these complex cases, and we may be able to help you, too.
How Much Is My Claim Worth?
No two motorcycle accidents are exactly the same. Numerous factors must be considered when calculating the amount of compensation crash victims can obtain in an accident injury claim. When determining the value of your claim, your lawyer will consider a variety of factors, such as:
The Extent Of Your Injuries
Depending on the circumstances of the crash, injuries sustained in a wreck can vary greatly. The injury could involve complete paralysis or a broken bone. Because of this, the length of your recovery and the cost of your medical bills can differ substantially.
The Cost Of Your Medical Expenses
Motorcyclists who sustained severe spinal cord injuries may never fully recover; they may require adaptive technologies and long-term rehabilitation while learning to live with a permanent loss of feeling and function. Accident victims may rely on the assistance of doctors, physical therapists, occupational therapists, pain specialists, and psychologists.
Just as every accident injury is unique, so too is the recovery process. The cost of your medical expenses will play a significant role in the ultimate value of your claim.
The Impact on Your Income
When determining damages after a motorcycle crash, your attorney will evaluate the work you have missed due to your injury. This assessment includes both the work you have already missed and any future work you may be unable to perform. Even if you can return to work, it may not be in the same role, with the same hours, or at the same wages as before. This decrease in earning capacity needs to be considered in your damages.
The Emotional Impact of Your Injuries
Determining the impact of an injury on your life encompasses more than just physical and financial losses; it also includes non-economic damages like loss of enjoyment of life, PTSD, emotional distress (grief, depression, anxiety), pain and suffering, loss of consortium, and scarring or disfigurement. When valuing these non-economic losses, your attorney will consider factors such as the psychological and physical impacts of the injury, the severity of the accident, your overall health, employment status, financial condition, age, the duration of these impacts, and how the injury affects your daily activities.
How Long Do I Have To Sue For A Motorcycle Accident In New York?
The statute of limitations for filing a personal injury lawsuit after a motorcycle accident in New York is generally three years from the date of the accident (see CVP § 214). This means you have three years to initiate legal action to seek compensation for injuries and damages resulting from the crash.
However, the rules are different if the lawsuit involves a government entity, such as a state or city agency. In these cases, you must file a Notice of Claim within 90 days of the accident, and the lawsuit must be filed within one year and 90 days from the date of the incident.
If you were injured in a motorcycle accident, it’s important to speak with an attorney as soon as possible. The Buffalo motorcycle accident lawyers at Fromen Injury Law can help you understand the timeframe and deadlines associated with your unique situation.
Motorcycle Safety Tips
Here are some essential motorcycle safety tips to help ensure a safe riding experience:
- Wear proper gear: Always wear a helmet, boots, pants, jacket, and gloves designed for motorcycle riding. Protective gear can reduce injuries in the event of a crash
- Stay visible: Make yourself visible to other drivers by wearing bright or reflective clothing, using your headlights, and avoiding blind spots of other vehicles.
- Follow traffic laws: Obey all traffic signals, signs, and speed limits. Riding responsibly helps prevent accidents.
- Maintain your motorcycle: Regularly check your motorcycle’s tires, brakes, lights, and fluid levels. Keeping your bike in good condition is crucial for safety.
- Ride defensively: Be aware of your surroundings and anticipate the actions of other drivers. Keep a safe distance from other vehicles and be prepared to react to sudden changes in traffic.
- Avoid distractions: Stay focused on the road and avoid distractions.
- Stay sober: Never ride under the influence of alcohol or drugs. Impaired judgment and slowed reaction times can be fatal on a motorcycle.
- Adjust to weather conditions: Be cautious when riding in adverse weather conditions such as rain, fog, or strong winds. Wet or slippery roads can reduce traction and increase the risk of accidents.
- Use turn signals: Always signal your intentions to other drivers by using your turn signals. This helps other road users understand your actions and reduces the risk of collisions.
- Take a motorcycle safety course: Consider enrolling in a motorcycle safety course to improve your riding skills and knowledge. These courses often cover advanced techniques and safety tips that can be lifesaving. The New York State Motorcycle Safety Program can help you find a RiderCourse near you.
- Be mindful of road hazards: Watch out for potholes, gravel, wet leaves, and other road hazards that can cause you to lose control of your motorcycle.
- Keep your distance: Maintain a safe following distance from other vehicles, especially larger ones that may not see you. This gives you more time to react if the vehicle in front of you stops suddenly.
- Stay within your skill level: Ride within your abilities and avoid taking unnecessary risks. If you are a new rider, take the time to gain experience and confidence before attempting more challenging rides.
Contact a Buffalo Motorcycle Accident Lawyer for FREE
The Buffalo motorcycle accident lawyers at Fromen Injury Law have extensive experience handling complex injury cases. If you have been seriously injured in a crash, our attorneys will take your case personally and fight for you like family.
Don’t face your injuries alone. Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. We proudly serve clients from Buffalo and across New York.