Motorcycle accidents often result in severe injuries due to the limited protection offered by the vehicle. In Upstate New York, where weather variability add to the risks faced by motorcyclists, legal representation is crucial following an accident. A skilled motorcycle accident lawyer plays a central role in guiding victims through the complex legal, medical, and insurance challenges they face. Their expertise ensures that victims receive appropriate compensation, are protected from unfair liability defenses, and can focus on their recovery.
The representation begins with a thorough investigation. A competent motorcycle accident attorney collects and preserves critical evidence immediately after the accident. This includes photographs of the accident scene, police reports, eyewitness statements, traffic camera footage, and vehicle damage assessments. In many cases, lawyers also consult accident reconstruction experts to clarify how the crash occurred. Establishing liability is a key element of any motorcycle accident case. The lawyer must prove that another party, such as a negligent driver or a poorly maintained or designed roadway, was responsible for the incident.
Next, the motorcycle injury attorney evaluates the extent of the victim’s injuries and their long-term implications. Motorcycle accident injuries can be life-altering, often involving spinal cord damage, traumatic brain injury, broken bones, or severe lacerations. A skilled lawyer ensures the victim is examined by medical professionals who can document the full scope of the injuries. This medical documentation becomes essential in establishing the monetary value of the claim. The lawyer may also work with vocational and economic experts to assess the impact of the injuries on the victim’s ability to work and earn a living.
In addition to proving liability and damages, the New York injury attorney navigates the legal and procedural intricacies of New York personal injury law. Unlike car drivers, motorcyclists are not covered under New York’s No-Fault Insurance Law. This exclusion means they must pursue all compensation – including medical expenses and lost income – directly from the at-fault party’s insurance carrier. A skilled lawyer negotiates aggressively with insurers, ensuring they do not undervalue the claim or wrongfully deny liability. Insurance companies often attempt to shift blame onto motorcyclists, citing stereotypes about reckless riding. A proficient personal injury attorney counters these tactics with facts, evidence, and legal precedent.
If a fair settlement cannot be reached, the motorcycle lawyer is prepared to take the case to trial (but only with the client’s consent – some clients insist they do not want to go to trial). In court, the lawyer presents the evidence to a judge or jury, calls expert witnesses, and cross-examines the defense’s testimony. A well-tried case can result in a significantly higher award than a pre-trial settlement, particularly when the victim suffers a permanent disability or disfigurement. A skilled trial attorney understands courtroom strategy, juror psychology, and effective presentation techniques that resonate with the jury.
Throughout the entire legal process, a competent New York motorcycle lawyer also provides emotional and logistical support to the victim. Motorcycle accidents can be traumatizing, and the aftermath may involve not only physical pain but also emotional distress, financial strain, and disrupted family life. By handling the legal burden, the attorney allows the victim to focus on healing. Moreover, the lawyer keeps the client informed at every stage, offering clarity and transparency in a situation that can otherwise feel overwhelming.
In conclusion, the role of a skilled NY motorcycle accident lawyer in representing a motorcycle accident victim in New York State is multifaceted and indispensable. From gathering evidence and proving liability to negotiating with insurers and litigating in court, the lawyer acts as both advocate and protector. Given the legal complexities and potential for significant injury, motorcycle accident victims are best served by experienced attorneys who understand New York law and how it applies to motorcycle accidents and are committed to achieving justice on their behalf.
If you have a motorcycle accident case, don’t hesitate to call your New York motorcycle accident lawyers at Michaels Bersani Kalabanka P.C. Although we primarily represent motorcycle victims in Upstate New York, we take cases from all over the State, including New York City, Syracuse, Rochester, Buffalo and Southern Tier.
Keep safe!
Mike Bersani
Email me at: bersani@mbk-law.com I’d love to hear from you!
Michaels Bersani Kalabanka P.C.
Syracuse and Upstate NY Motorcycle Injury Lawyers
315-253-3293