Motorcycle Accident FAQs
What should I do if I have been injured in
a motorcycle accident?
Is there a time limit in which I need to file a
lawsuit in this type of case?
What should I do if I have been injured?
Do I need an attorney?
Who can be held responsible for the injury or
death to a motorcycle operator?
What if I was partially at fault for the
accident?
Is the investigation of the accident important?
Is it possible that my case will settle out of
court?
What should I do if I have been injured
in a motorcycle accident?
You should immediately contact the police so that an
investigation can be done. You should also obtain the name and
addresses and insurance carriers of any vehicle owners
involved in the accident.
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Is there a time limit in which I need to
file a lawsuit in this type of case?
Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for New York for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims.
New York's Statute of Limitations
Wrongful Death: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions: These actions must be brought within three years of the date of the injury.
Special Rules for Minors: Except in cases of wrongful death, a minor has three years from the date of his or her 18th birthday to file suit. However, New York law provides that the limitations period can be extended in favor of minors for more than 10 years after the act giving rise to the injury occurred, except in cases of medical malpractice or wrongful death.
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What should I do if I have been injured?
Even if your injury seems minor, be sure to report it to the
police officer at the scene. A minor injury may become more
significant later on. With most all injuries, you should seek
prompt medical treatment and follow your doctor's advice.
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Do I need an attorney?
If you, and your physicians, are not certain of the extent of
your injuries and how they may impact your future, you should
consult with an attorney. An experienced attorney at Oshman
& Mirisola, LLP will be able to evaluate your case and
advise you of your legal rights. A delay in consulting with an
attorney may negatively impact your case, so be sure to
contact an attorney immediately following the accident.
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Who can be held responsible for the
injury or death to a motorcycle operator?
Any person who causes a motorcycle accident due to their
wrongful or negligent conduct may be considered at fault and
held responsible for the injury or death. Potential defendants
may include other vehicle drivers, product manufacturers,
owners of dangerous private or public property, repair shops
and any other person that contributed to the accident.
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What if I was partially at fault for the
accident?
A person can still sue, even if partially at fault, as long as
they can prove that at least one other person also contributed
to the accident. In a case such as this, however, your
recovery may be reduced.
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Is the investigation of the accident
important?
It is critical. There is almost always a presumption that
motorcyclists are responsible for accidents, so a thorough
investigation must be performed to establish the fault of
another. An investigation will include the examination of the
scene and vehicles involved, and obtaining of statements from
witnesses. Be sure that you do not move your motorcycle or
helmet after the accident. It will be a major part of the
investigation.
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Is it possible that my case will settle
out of court?
Yes. About 90 percent of motorcycle accident cases settle;
however, they are generally more difficult to settle out of
court than any motor vehicle cases, because insurance
companies are more willing to try them in hopes that the
public's bias against motorcyclists will help them win the
case or at least hold down the monetary awards.
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For more information, please see our Motorcycle
Accident page.
Contact us online through our FREE
accident evaluation form if you have any questions about
your claim.
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