Motorcycle Accident Attorney in Schenectady, NY

Motorcycles are more popular than ever in New York, with over 750,000 registered bikes in the state. However, motorcycles can be significantly more dangerous than other forms of transportation, and accidents have high injury and fatality rates. A severe motorcycle crash can leave you with expensive medical bills, in pain, and unable to work.

The attorneys from Dalmata, Maloy, & Burke, LLP, can help you recover compensation for your injuries after a motorcycle accident. We have extensive experience handling motorcycle accident claims and can reliably stand up for clients when no one else will.

Contact us today to speak to a reputable Schenectady motorcycle accident lawyer about your case. Your initial consultation is free and confidential, and you pay nothing unless we successfully resolve your case.

How a Schenectady, NY, Attorney Can Help with Your Motorcycle Accident Claim

At DMB Legal, we have a proven track record of success in motorcycle accident claims in Schenectady and New York’s Capital Region. We never treat our clients as just another number; instead, our lawyers and legal support staff take the time to get to know them and form a personalized legal strategy. This one of the many reasons why clients return to us for repeat business: they can trust us to get things right the first time.

Our lawyers can handle your entire case from start to finish, letting you put your focus where it should be, which is on getting your life back on track. The last thing you need right now is to deal with insurance companies and potential lawsuits; let our determined and experienced attorneys handle the difficult tasks for you.

Reach out to us today for your free, no-obligation case review and discover the difference we can make in getting you the compensation you deserve.

What to Do After a Motorcycle Accident

After receiving any necessary emergency medical attention, start documenting the accident scene. Take pictures of the motorcycle accident site and your injuries, and make notes of any relevant environmental features, like road conditions or weather. Get the other driver’s contact and insurance info, and take statements if any eyewitnesses are present.

Next, set an appointment with a doctor. While there, get hard copies of all relevant medical documentation related to your injuries. These documents include intake paperwork, lab reports, imaging results, diagnostic tests, doctor’s notes, discharge paperwork, and hospital bills. Exhaustive medical documentation is the key to proving the severity and extent of your injuries in a motorcycle accident case.

Lastly, contact a motorcycle accident lawyer in Schenectady as soon as possible. An attorney from DMB Legal can investigate the accident, gather evidence, and initiate the formal claims process. They can negotiate a settlement with insurance companies and, if necessary, take the opposing party to court.

By working with an experienced motorcycle accident law firm like DMB Legal, you can increase the odds of a successful resolution to your case.

How We Investigate Motorcycle Accident Cases

At DMB Legal, our lawyers are thorough and meticulous when investigating motorcycle accident claims. Our goal is to create a clear and convincing account of the crash that proves your lack of fault and the extent of your injuries. To that end, we gather several types of evidence, including the following:

Compensation You Could Recover in a Motorcycle Accident Claim

Motorcycle accident compensation can include compensation for any injury-related losses. They include the following:

• Medical Bills – A settlement can cover the reasonable cost of emergency and continuing medical costs, such as hospitalization, surgery, prescriptions, rehabilitative care, and medical equipment.
• Lost Work Income – Through a motorcycle accident claim, you can recover your lost hourly pay/salary and other employment compensation like bonuses, commissions, tips, and more.
• Reduced Earning Capacity – If your injuries require you to change jobs or stop working, a settlement can account for the difference between pre- and post-injury expected lifetime earnings.
• Pain and Suffering – A motorcycle accident lawsuit can also compensate you for pain and suffering caused by your injuries. New York has no statutory caps on pain and suffering damages in general tort claims.
• Miscellaneous Injury Costs – We can negotiate with insurance companies to cover any miscellaneous injury costs, such as alternate transportation and increased childcare/housekeeping costs.

When you meet with DMB Legal, we can assess your case to determine what compensation you may pursue. Contact us today to schedule your free, confidential case evaluation with an experienced motorcycle accident lawyer in Schenectady.

How Does a Motorcycle Accident Differ from a Car Accident?

One of the most significant differences between car accidents and motorcycle accidents in Schenectady is how insurance works. In New York, car accidents operate under a no-fault insurance system, requiring all drivers to carry personal injury protection (PIP) coverage on their auto policies. This coverage pays for each driver’s injuries after an accident, regardless of who is at fault.

Motorcycles, however, are explicitly excluded from this no-fault coverage system (NY ISC 28-5102(f)). Instead, motorcycle accidents operate under a traditional at-fault coverage system. When you get into a motorcycle accident, you file a liability claim against the at-fault party’s insurance policy.

The downside is that you must prove negligence and fault to recover compensation after a motorcycle accident. However, there are fewer restrictions on the kinds of compensation you may seek. You can recover money for the entire range of your economic and non-economic losses, including pain and suffering.

An attorney from DMB Legal can assess your case and explain your legal options. Get in touch with us today to set up your free, no-obligation consultation.

Who Could Be Held Liable for a Motorcycle Wreck?

Several parties can be liable for a motorcycle wreck, depending on whose negligence or wrongdoing caused the accident. They may include the following:

• Negligent Motorists – Motorcycle accidents often result from the negligence of motorists. Negligent driving behaviors such as speeding, ignoring road signs, distracted driving, tailgating, and driving under the influence violate road laws and increase the chance of injuries.
• Motorcycle Manufacturers – If the motorcycle accident happened due to a defective motorcycle part, you could sue the manufacturer in a product liability lawsuit.
• Third Parties – Any other third party whose negligence or wrongdoing contributed to the accident can be a litigant in a motorcycle injury claim. For instance, construction crews that unsafely divert traffic can be liable for accidents they cause.

In some cases, multiple parties may be held liable for motorcycle injuries. If so, you can potentially go after each party individually for financial compensation. At DMB Legal, we know how to thoroughly investigate motorcycle accidents and identify all parties who may be responsible, thereby opening up more avenues of compensation.

Could You Recover Compensation if You’re Partly at Fault for a Motorcycle Accident?

Yes, you can still recover compensation after a motorcycle accident in Schenectady if you are partially at fault. New York uses a pure comparative negligence system to apportion damages in tort claims. Under this system, you can recover compensation for your injuries, even if you were 99 percent responsible for the accident.

However, your final compensation is reduced according to your percentage of fault. For instance, if your total losses were $100,000 and you were 30 percent at fault, you would only receive $70,000 after accounting for shared liability. The structure of this system means that you need to work with an attorney who can minimize your liability to maximize your recoverable compensation.

How Long Do You Have to File a Motorcycle Accident Lawsuit in New York?

The statute of limitations on filing a motorcycle accident lawsuit in New York gives you just three years to take legal action. This time limit starts counting from the date of the accident or, if the injuries are not apparent, the date you discover your condition. Once this time limit expires, you lose your legal claim to financial compensation and can no longer file a lawsuit.

Three years might sound like a long time, but evidence from motorcycle accidents can fade quickly. It’s better to start your claim promptly, when evidence is still fresh, and it’s easier to prove the extent of your injuries. Waiting too long raises the risk of claim denials and payment delays, so contact DMB Legal as soon as possible to allow us to build a compelling case for you.

Common Types of and Causes of Motorcycle Accidents

Some of the most common types of motorcycle accidents include the following:

Motorcycles are significantly smaller than cars, and it’s relatively easy for them to fall into driver blind spots. As such, many motorcycle accidents happen because drivers fail to watch their surroundings properly. Other causes of motorcycle accidents include the following:

Typical Injuries Resulting from a Motorcycle Collision

Motorcycles lack the cabin protection of vehicles, meaning injuries are often severe. Common injuries from motorcycle accidents include the following:

Victims of motorcycle accidents may also develop symptoms of PTSD and other mental illnesses due to physical trauma and pain.