Motorcycle Accident Lawyer in Buffalo, NY
At Cimasi Law Office, we understand the complexities of motorcycle accident cases and the serious injuries that can result. Motorcyclists are particularly vulnerable on the roads, and when accidents occur, the legal consequences can be severe. Our team is dedicated to helping individuals navigate the legal system, ensuring that their rights are protected and that they receive the compensation they deserve.
Understanding Motorcycle Accidents in New York
Motorcycle accidents are unique in the world of personal injury law. Riders are often at higher risk due to the limited protection offered by motorcycles compared to cars or trucks. In New York, the state’s no-fault insurance laws, which typically cover medical expenses and lost wages in car accidents, do not apply to motorcycles. This means that motorcyclists injured in an accident must pursue claims against the at-fault driver to cover their expenses.
Motorcycle accidents can occur for many reasons, including:
- Distracted driving
- Poor road conditions
- Speeding
- Failure to yield right-of-way
- Drunk or impaired driving
At Cimasi Law Office, we investigate every aspect of your accident to build a strong case and secure the compensation you need for medical bills, lost income, and pain and suffering.
Relevant Statutes and Laws Governing Motorcycle Accidents in New York
New York State has specific laws that govern motorcycle operation and insurance requirements. These statutes play a critical role in determining liability and the outcome of personal injury cases.
- Insurance Requirements:
Unlike other motor vehicles, motorcycles are not covered under New York’s no-fault insurance law (New York Insurance Law § 5103). This means that motorcyclists are required to carry liability insurance but are not eligible for personal injury protection (PIP) coverage. In the event of an accident, motorcyclists must seek compensation through a third-party claim against the at-fault driver or through a personal injury lawsuit. - Helmet and Safety Laws:
New York law (Vehicle and Traffic Law § 381) requires all motorcyclists and passengers to wear helmets that meet federal motor vehicle safety standards. Failure to do so can affect a rider’s claim for damages. Insurance companies may argue that not wearing a helmet contributed to the severity of the injuries, which can reduce the compensation you are eligible for. - Comparative Negligence:
New York follows a pure comparative negligence rule (New York Civil Practice Law and Rules § 1411), which means that even if a motorcyclist is partially at fault for the accident, they can still recover damages. However, the amount of compensation will be reduced by their percentage of fault. For example, if a rider is found to be 30% at fault for the accident, their compensation will be reduced by 30%.
Potential Penalties in Motorcycle Accident Cases
Motorcycle accidents that result in severe injuries or fatalities can lead to criminal charges and serious penalties, especially in cases involving negligent or reckless driving, driving under the influence (DUI), or violations of traffic laws. Penalties can include:
- Fines: Significant monetary penalties depending on the extent of the injuries and damage caused.
- License Suspension: Revocation or suspension of a driver’s license for offenses such as DUI or reckless driving.
- Criminal Charges: Depending on the circumstances, individuals involved in a motorcycle accident may face criminal charges, including reckless endangerment, vehicular manslaughter, or criminally negligent homicide.
Our team at Cimasi Law Office is experienced in defending clients against these charges, focusing on minimizing penalties and protecting their rights throughout the legal process.
Defense Strategies for Motorcycle Accident Cases
Motorcycle accident cases often require robust defense strategies, especially if criminal charges or allegations of negligence are involved. Common defense strategies include:
- Challenging Fault: We diligently examine the accident scene, witness statements, and expert analysis to challenge claims of fault. This can involve disputing the other driver’s actions, road conditions, or other contributing factors.
- Mitigating Damages: Even if the motorcyclist shares some responsibility for the accident, we work to minimize the impact of comparative negligence and maximize the potential recovery.
- Countering Unfair Biases: Unfortunately, motorcyclists can sometimes face biases, with assumptions made about their driving habits. We fight against these prejudices by focusing on the facts of the case and the evidence presented.
- Evaluating Safety Compliance: Our team ensures that all safety measures, such as wearing a helmet and adhering to road rules, are presented to counter any attempts to reduce compensation based on alleged non-compliance with motorcycle safety laws.
Why Choose Cimasi Law Office?
At Cimasi Law Office, we provide personalized and aggressive representation to motorcyclists injured in accidents throughout Buffalo, NY, and the surrounding areas. Whether you are dealing with insurance claims, seeking compensation for your injuries, or facing legal challenges from the accident, our team is here to guide you every step of the way. We understand the nuances of motorcycle accident law and work tirelessly to ensure you achieve the best possible outcome for your case.
If you’ve been injured in a motorcycle accident, contact Cimasi Law Office for a consultation today. We will evaluate your case and help you understand your legal options, ensuring you are equipped with the knowledge and support you need to move forward.