Motorcycle accident claims are rarely straightforward, and for many victims, that’s a harsh surprise.
You may have done everything right: followed the law, worn protective gear, and still suffered serious injuries due to someone else’s negligence. Yet when it’s time to file your motorcycle accident claim, you’re faced with bias, legal roadblocks, and insurance companies eager to downplay your suffering.
In this blog, you will learn:
At MB Injury Lawyer, we understand the unique struggles riders face—and we fight to make your voice heard.
Let’s begin by exploring the biggest challenges motorcyclists face when pursuing justice.
Motorcycle accident claims can be hard to win. Many things can make it tough. Riding a motorcycle comes with bigger risks. People often have the wrong idea about those who ride them. Insurance companies often think less of these claims. They may say that riders are “reckless” or judge motorcycle accident claims unfairly. This can make your claim seem less worth it. It can also make it hard to get money for your physical or economic damages.
You will have to give a lot of legal papers and evidence to show what you lost. This includes not just body harm but also monetary losses. There are other things to worry about, too. Comparative negligence laws may mean you get less money if you helped cause the accident in any way. Next, we will talk about the special problems, like insurance bias and wrong ideas that juries may have.
Insurance companies often do not take motorcycle accident claims as seriously as they should. They may look at your injuries and property damage and say they are not as bad as you claim. You may get lower settlement offers than people with a car accident, even if you were not at fault.
One reason for this is that these companies think riding a motorcycle is risky. They may look at the riders as people who like to take chances. Even if you have clear proof that the other person caused the accident, the insurance companies still try to pay as little as possible.
To get a fair payout, you need to show strong proof like medical records, repair shop bills, and police reports. Having an experienced motorcycle accident lawyer helps to ensure your rights are protected. We can also challenge what the insurance adjusters say. Do not let the insurance companies decide your claim is worth less and put your recovery at risk.
Bias against motorcycle riders is common and can manifest in courtrooms. Many people on a jury may think that motorcycle riders are reckless or aggressive. These wrong ideas can play a big part in personal injury cases. Some jurors might believe that the rider helped cause the accident.
Even though each juror must look at the facts, these ideas about riders can still get in the way and affect their judgment. Sometimes, motorcycle accident victims are not seen as worthy of help as people in car accidents. This means riders must have a lot of proof on their side just to fight these unfair ideas in personal injury cases.
One way to move past this is to let our experienced motorcycle accident lawyer take over. We will collect and show strong proof, like eyewitness accounts, exact timelines, and photos from the crash scene. Using this proof, our lawyer can bust the common myths about riders and give your claim a better chance to win in court after a motorcycle accident.
In New York, the way contributory negligence laws work can really change what will happen in a motorcycle accident claim. If they say you are partly at fault, the money you get can be less, or you might not get any at all, based on how much of the blame is on you.
New York is a comparative negligence state. This means that in the end, your settlement depends on what share of the fault the court thinks is yours. For example, if they say you are 20% to blame for the accident, you will get 20% less in compensation.
That is why showing proof that the other driver was at fault is so important. You need the best police reports, good photos, and statements from people who saw what happened. A lawyer can help by pointing out that you followed the traffic laws. They can also try to show that the other driver acted badly.
Knowing how these laws work in New York will help you keep the value of your claim high.
Several things can make a motorcycle accident case hard to handle.
Getting all this together matters a lot if you want your motorcycle accident case to work out well.
Motorcyclists in New York face special risks, whether they ride in the city or on rural roads.
Poor road hazards, like bumpy surfaces and things left on the road, can make a motorcycle accident more likely. In busy city areas, there is often heavy traffic. Drivers do not always act in ways you expect, and this can often be a significant danger.
Because of all this, it is essential to know New York’s motorcycle accident laws. If you know what can happen, you can be ready. Using strong safety gear on your motorcycle also helps if you get in a crash. This can lower the chance of being hurt in a crash. Next, we will go over road conditions and what the law says, so you get all the facts you need.
Motorcycle riders in New York deal with many problems, especially road hazards and unpredictable city streets. These are some main things to watch out for:
In the event of a crash, these road hazards often make it hard to figure out who is to blame. There may also not be much time or space to escape danger. Riders should always take pictures of how the road looks and get expert advice.
Doing this helps them make a strong claim to show that someone else was not careful.
Following New York State motorcycle accident laws is very important. It helps protect you after a motorcycle accident. You must obey all the rules, like following the speed limits and wearing a helmet when riding in New York. This can affect what happens when you make a motorcycle accident claim.
If you do not listen to these rules, it can hurt your claim. Insurance companies may say you did not follow the law, which makes you partly at fault for the accident. For example, if you did not wear your helmet when the crash happened, insurance companies could say your injuries worsened because you did not have it on.
Recovering damages after a motorcycle crash means you can collect two main types of payments: economic damages and non-economic damages.
The amount of money people get is not set. The process can be complicated to follow, and the rider or their lawyer often has to show what each loss is worth. Knowing the difference between economic and non-economic damages helps a person decide on a fair settlement. In the next part, we will look closely at both types in a text table.
When you file a motorcycle injury claim, knowing about economic and non-economic damages is important.
| Economic Damages | Non-Economic Damages |
| Medical bills, including medications | Pain and suffering from physical injuries |
| Lost wages due to recovery time | Emotional distress linked to the accident |
| Motorbike repair or replacement costs | Loss of enjoyment in life activities post-accident |
Economic damages cover things you can show with receipts, like medical bills, and fix or replace your motorbike. These are usually easy to count. Non-economic damages, such as the pain you feel in your body or your mind after the motorcycle accident, are harder to measure. These can include pain, stress, and no longer enjoying doing things you liked before.
Both types are essential if you want fair compensation for motorcycle accident victims and help make up for what you have lost.
Serious motorcycle accident injuries can require extensive medical care, including physical therapy and surgeries. It is important to consider future costs, such as more medical help or visits to a specialist, so riders do not have to pay these expenses themselves later on.
It is also essential to determine lost earnings if your recovery takes a long time or you cannot work because of a permanent problem. These lost wages can change your financial situation. Attorneys use their knowledge to look at your work life and possible income. They do this so you get a fair settlement that covers you for the years ahead.
Getting advice from a lawyer can help you get the most from your motorcycle accident claim.
Understanding insurance coverage is key when you want to settle a motorcycle accident dispute. Insurance companies usually work hard to pay as little as possible, often making you prove your side. Because of this, riders need good lawyers who know the policy’s limits and how to deal with these companies.
From the start of filing claims and through any denials, your insurance adjuster will have a big say in what you get paid. Next, we will discuss what to do if you hit insurance policy limits or face special problems, like dealing with uninsured motorist coverage.
Insurance policy limits can get in the way during a motorcycle accident claim.
The company will stay with the policy rules. They will not pay more than the liability limits, even if you have more bills. For example, the policy might pay the most, which is $250,000. After that, you will have to cover the extra costs.
When you try to work out a settlement offer, it helps to know your policy rules. Our skilled lawyer will look for other options if the limits are in the way. They might try to get money from the person who caused the crash or see if any more coverage can be used. This can help you get the best outcome from your motorcycle accident case.
If the person who caused the accident lacks insurance coverage, you can use uninsured motorist or underinsured motorist policies. These options help cover medical expenses, property damage, and other costs if the standard insurance is insufficient.
This kind of insurance protection means you do not have to pay the bills caused by someone else’s mistake. An attorney can help you with the claim process for uninsured motorist policies. They will also make sure you follow all the rules.
Building a strong claim after a motorcycle accident depends on how well you gather the right evidence and act quickly with legal steps. You must collect eyewitness accounts, keep police reports safe, and do this soon after the crash. All these things help you get the compensation you deserve.
Working with an experienced motorcycle accident lawyer gives you the help you need. The lawyer knows how to deal with insurance companies that might say no to your claim. They also help you with cases where more than one person could be at fault. In the next parts, you will see why collecting evidence quickly and working with top lawyers for your motorcycle accident is so important.
Getting the right evidence after a crash is significant if you want to support your motorcycle accident claim. Here are some primary sources of information you should gather:
All this proof helps show that someone was careless and strengthens your claim. Our attorney can help you gather this information and ensure all papers arrive on time.
Our experienced motorcycle accident lawyer is a big help in personal injury cases. They know the details of motorcycle accident laws and how to deal with insurance companies correctly.
These attorneys will gather the right evidence, defend you strongly, and talk with insurance companies to get a fair deal. Many law firms have a free consultation so that you can look at your legal options with no upfront fees.
When you work with a skilled motorcycle accident lawyer, you have a better chance of getting what is fair in your case.
After a motorcycle accident, the first thing to do is get medical care. It is essential to keep records of everything you do and what happens. Gather evidence like photos and save the police reports. You should also talk to a lawyer. Taking these steps helps support your claim in New York, where the laws about who is at fault can be strict.
In New York, which is a comparative negligence state, not wearing a helmet makes your motorcycle accident claim more complex. But, it does not mean you lose your chance to get compensation. Insurance companies may lower the settlement offer if they see that you made your injuries worse by not wearing a helmet. If you are in this situation, get legal help as soon as you can.
In New York, you have three years to file a motorcycle accident claim. Talking to a law firm or a personal injury lawyer soon after your accident is a good idea. This helps you follow all the legal rules and meet the deadlines for your motorcycle accident or personal injury case.
New York uses comparative negligence laws. This means you can still get money if you are partly at fault. But the value of your claim will decrease by your fault percentage. Work with insurance companies and an attorney to help you get the most money possible.
Many people have negative ideas about motorcyclists. Insurance adjusters and juries can hold these same ideas or biases. This often means lower settlements for motorcyclists than what car accident victims get. The best way to deal with this is to build a strong case. Good evidence will help fight back against any unfair treatment.
Navigating motorcycle accident claims can feel overwhelming, especially when you’re already dealing with physical pain, financial stress, and an uphill legal battle.
From insurance company bias to harmful jury stereotypes and complicated negligence laws, every step of the process can challenge your right to fair compensation. But with the right guidance and a committed legal team on your side, it’s absolutely possible to overcome these obstacles and get the outcome you deserve.
At MB Injury Lawyer, we’ve helped countless motorcyclists across New York push back against unfair treatment and secure meaningful settlements. Our team knows the law, understands the unique risks riders face, and fights tirelessly to ensure your story is heard and respected. If you’ve been in a motorcycle accident and need help making sense of your claim, don’t wait.
Call us today at (347) 639-0349 or fill out our online form to get a free consultation and take the first step toward justice.
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