Brooklyn Motorcycle Accident Lawyer

Driving a motorcycle or riding as a passenger on one can be dangerous in the New York City area, especially Brooklyn. According to a report published by the New York Police Department in June 2020, 273 motorcycle accidents took place that month with approximately one-third of motorcyclists driving or riding in Brooklyn at the time of the crash. It shouldn't be dangerous to travel via motorcycle anywhere in the United States. You can protect your legal rights and sue for compensation by hiring a motorcycle accident attorney as soon as possible. 

How Can a Brooklyn Motorcycle Accident Attorney Help Me?

If you or a loved one have sustained serious motorcycle accident injuries, we invite you to request a free consultation with an experienced motorcycle accident attorney at Raphaelson & Levine. Whether you are new to driving or riding a motorcycle or have done it for years, you know all too well that drivers of larger vehicles sometimes don't give motorcyclists the same consideration as other drivers. Filing a personal injury lawsuit against the responsible party with help from our accident attorneys is a way to seek justice for the serious injuries you have sustained due to another party's negligence. You may reach our law firm at 212-268-3222 to schedule an appointment for a free legal review of your case.

You won't have any out-of-pocket expenses for the services of your motorcycle attorney until we settle your case with the insurance companies representing the negligent party or win the case in court. Should you not win your case, you owe us nothing whatsoever. A successful settlement of your personal injury claim could provide you with compensation for medical expenses, time missed from work, pain and suffering, and more.

Common Causes of Motorcycle Accidents in Brooklyn

Frontal collisions account for three-quarters of all motorcycle accident injuries. In this scenario, the driver of a motor vehicle blocks the path of the motorcycle driver and prevents him or her from stopping in enough time to avoid a collision. The most common reason that motorcycle accident victims die is due to another motor vehicle turning left in front of the driver. Poor visibility, attempting to overtake another motorcycle or motor vehicle, and rear-end collisions are also leading causes of serious injury and fatal outcomes for people involved in a motorcycle crash. Poor road conditions such as potholes or extensive construction can also increase the likelihood of motorcycle accident cases. 

As a motorcycle rider or driver, it's your responsibility to know and abide by all traffic safety laws. This includes refraining from drinking alcohol or using drugs prior to getting on the motorcycle. It's also essential that you and your passenger wear a helmet since head injury and traumatic brain injury are two of the most common types of motorcyclist injuries. 

Types of Motorcycle Accident Injuries

We already mentioned head injury and traumatic brain injury as common outcomes of a motorcycle crash. Here are several other types of injuries suffered by motorcycle accident victims:

  • Any type of catastrophic injury that causes permanent damage for the accident victim such as a traumatic brain injury or spinal cord damage
  • Amputation of a limb, fingers, or toes
  • Broken bones
  • Crushing injury when a part of the body becomes crushed under the weight of the motorcycle
  • Degloving injury, also known as road rash, that pulls away skin layers underneath the top layer. Road rash can occur when your body drags on the ground for even a few seconds immediately after a motorcycle crash.
  • Eye injuries
  • Spinal cord injuries not resulting in paralysis
  • Total (quadriplegia) or partial (paraplegia) paralysis
  • Wrongful death of a loved one in a motorcycle crash due to the negligent actions of another person

Motorcycle accident injuries can be the most severe of any type of motor vehicle accident. When you consider that the average motorcycle weighs about 400 pounds and even a small car can weigh more than 2,500 pounds, it's easy to understand the increased number of serious injuries. Many of the motorcycle accident injuries we listed above can change your life forever. Even with non-permanent injuries, you deserve fair compensation for your medical bills and other expenses associated with your crash caused by other motorists.

Who's Responsible for My Brooklyn Motorcycle Crash and Injuries?

Sometimes determining liability in serious or fatal motorcycle accidents is straightforward because the crash involved only the motorcycle driver and a motor vehicle driver. Assigning responsibility can be more complex in other situations when multiple parties could share the blame. Here are just some of the types of parties our personal injury law firm have filed a claim against on behalf of injured motorcyclists:

  • Bicyclists
  • Employer of the negligent driver who caused the accident
  • Government agencies
  • Manufacturers of motorcycles and other motor vehicles 
  • Motor vehicle drivers
  • Other motorcyclists
  • ​Pedestrians
  • Transit companies

You have the right under New York State personal injury law to seek damages from any party who caused you serious injury or the wrongful death of a loved one. Your legal team at Raphaelson & Levine will thoroughly investigate the accident to determine who bears responsibility for causing it. This is just one good reason why you need to work with a personal injury attorney with significant experience in motorcycle accident cases. 

Contributory Negligence Laws in New York State

Some states don't allow injured people to sue the other party if they contributed to their own injuries in any way, regardless of how minor the role. Thankfully, this isn't the case in New York. The state law is one of contributory negligence, which means that insurance companies or a judge consider the percentage of blame assigned to each party. For example, you may share 20 percent of the blame for driving over the speed limit while the other motorist assumes 80 percent for failing to look both ways at an intersection or grant you the right of way. You would then receive 80 percent of the lawsuit total.

Determining contributory negligence is often highly subjective. Without a Brooklyn motorcycle accident attorney on your side, you may feel pressured to accept the assigned blame percentage. This could obviously cost you a significant amount of money. We will have a general idea of whether you share any blame and how much when you come in for your free case evaluation. However, your personal injury attorney will research how the accident happened to obtain proof that you either contributed very little to causing the accident or nothing at all.

New York Statute of Limitations for Motorcycle Accident Lawsuits

Personal injury laws in New York State give you three years from the date of the accident to initiate a lawsuit against the person who injured you. This applies to all parties who may have contributed to the motorcycle accident. While three years might sound like a long time, keep in mind that it can take several months or even years to collect evidence in your case. Your Brooklyn motorcycle accident lawyer needs time to complete these actions:

  • Obtain a copy of the police report from the motorcycle crash
  • Review your medical records from the date of the accident to the present
  • Interview witnesses who saw your crash with a motor vehicle driver, bicyclist, or pedestrian
  • Hire an accident reconstruction specialist if needed to determine how the motorcycle crash happened since there will be conflicting reports from you and the other driver
  • Negotiate a settlement with insurance companies representing the negligent party or represent you in court if negotiations fail
  • Respond to information that comes in from the other party's attorney

Unfortunately, you forfeit the right to hire personal injury lawyers to pursue financial compensation if you wait even one day past the three-year anniversary of your motorcycle accident injuries. The filing deadline drops to two years from the date of the motorcycle accident or death if not immediate if you experienced the wrongful death of a loved one. You must be a close relative such as a spouse or parent of the deceased to seek compensation for his or her wrongful death.

Free Consultation with a Motorcycle Accident Attorney in Brooklyn

Our past clients and people living and working in the New York City metropolitan area know that the personal injury attorneys at Raphaelson & Levine work as the voice of the injured. You can depend on us to fight for justice in the form of financial compensation for as long as it takes. Whether you're an injured motorcyclist or representing a loved one who sustained a serious injury or died in a motorcycle accident, we can help. 

Please contact us today at 212-268-3222 to request your free consultation. Raphaelson & Levine proudly serves the injured in Brooklyn, NYC, the Bronx, Queens, Manhattan, Nassau, Staten Island, and the surrounding boroughs.  We will provide you with a detailed plan for pursuing compensation after we complete your case evaluation. You have suffered long enough due to another person or company's negligent actions. It's time to hold the other party accountable for causing such a serious motorcycle accident that may have forever altered your life.


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