Motorcycle accidents often cause life-changing injuries because riders have little protection in a collision. If you were injured in a motorcycle crash in Erie County, understanding your legal rights can help you recover the compensation you need to move forward. Dan Chiacchia Injury Attorneys represents injured riders throughout Lackawanna, Cheektowaga, and the surrounding Western New York communities.
The actions you take after a motorcycle accident can affect both your health and your ability to recover compensation. You should:
Motorcycle crashes can happen anywhere, but certain roads throughout Western New York present greater risks, such as:
Regardless of where a crash occurs, a thorough investigation can determine what happened and who may be legally responsible.
The majority of motorcycle accidents are caused by other motorists’ lack of attention or not abiding laws and ignoring hazardous road conditions. Common causes include:
Determining the cause of a motorcycle accident often requires reviewing police reports, witness statements, photographs, video footage, and other available evidence.
Motorcycle riders are not covered by New York’s no-fault insurance system and cannot use personal injury protection (PIP) benefits after a crash. Instead, you must pursue compensation from the at-fault driver, which may include:
New York’s pure comparative negligence system means that even if you are partially at fault for an accident, you can still recover damages. For instance, if a court determines that you were 25% responsible for the collision, your compensation will be reduced by that percentage. This system benefits motorcyclists, as it enables them to seek compensation even in cases where liability is shared.
However, insurance companies often attempt to assign a higher percentage of fault to motorcyclists to minimize payouts. Presenting a well-documented case with clear evidence is vital in reducing your degree of fault.
Under New York Law, all motorcycle riders are required to wear federally approved protective helmets. Helmet use is important not only for safety, but also for protecting your legal claim. If you suffer a head injury while not wearing a helmet, insurance companies often argue that your injuries are more severe because you violated the law. An experienced motorcycle accident attorney can help address these arguments and protect your right to fair compensation.
Motorcycle accidents often lead to serious injuries as a result of the lack of a protective barrier. Riders frequently sustain traumatic brain injuries, spinal cord damage, broken bones, or severe abrasions, known as road rash. These injuries often require extensive medical treatment, including surgeries and rehabilitation. Emotional trauma is also a significant factor, as the psychological impact of a serious crash can last long after physical wounds heal.
Internal injuries may not be immediately visible and can pose additional risks. Even if injuries seem minor, seeking prompt medical attention after an accident is critical for diagnosing and treating these conditions. Comprehensive documentation of your injuries will also play a key role in pursuing compensation.
Insurance companies attempt to downplay the severity of the injuries to reduce the payout. Insurers often approach motorcycle accident claims with skepticism because these cases tend to involve significant damages. Adjusters may argue that the motorcyclist was engaging in risky behavior, such as speeding or lane splitting, or that a lack of helmet use exacerbated the injuries. Experienced legal representation is essential to counter these tactics.
Motorcycle accident claims often involve complex liability issues, catastrophic injuries, and insurance companies looking for ways to minimize payouts. Having an experienced attorney on your side allows you to focus on your recovery while your legal team protects your interests.
At Dan Chiacchia Injury Attorneys, we understand the unique challenges injured riders face throughout Erie County and Western New York. We work to hold negligent drivers accountable and pursue the maximum compensation available under New York law.
Can I sue without no-fault insurance?
Yes. New York’s no-fault insurance system does not apply to motorcycles. You can pursue compensation through the at-fault driver’s insurance or a personal injury lawsuit.
What if I was not wearing a helmet?
Although helmets are legally required, not wearing one does not bar compensation, although the insurance company typically argues it contributes to the severity of head injuries.
What compensation can I recover after a motorcycle accident?
Medical expenses, lost wages, pain and suffering, and other accident-related losses. The amount depends on the severity of your injuries and the circumstances.
How is fault determined in an Erie County motorcycle accident?
Through evidence such as police reports, witness statements, photographs, video footage, and accident reconstruction.
How long does a motorcycle accident claim take?
Every case is different. Claims involving clear liability may settle in a few months, whereas those involving serious injuries or disputed fault often take longer.
If you or a loved one has been injured in a motorcycle accident, the Hamburg motorcycle accident lawyers at Dan Chiacchia Injury Attorneys are dedicated to helping you navigate the legal process and fight for justice. Call us at 716-648-3030 or contact us online. Located in Hamburg, New York, we proudly serve clients throughout the surrounding areas.
