Belushin Law Firm draws from over a decade of legal advocacy to provide you with answers to some of your most pressing motorcycle accident questions. Feel free to read our FAQ below to gain more insight into your particular situation.
1. What should I do after a motorcycle accident?
Attend to all injuries immediately, whether they are yours, your passengers, or members of the other vehicle’s party. The moments after an accident are the most crucial and can determine the entire outcome of your case. Do not admit to anything, especially fault, even if you were not at fault. Sometimes, it is easy to “I am sorry” once an accident has occurred out of impulse, but this can be detrimental to your chances later on when making a claim. Try to gather witnesses, capture as many photos as possible of the injuries and damages, and hold on to any medical records or other costs related to your accident. These will all serve as evidence later on down the road.
2. Is it required to notify police?
If there were injuries or the accident caused the death of another, you must alert the police immediately. The officer will write up a report about the incident. Police should also be notified if the property damage sustained amounted to over $1, 001, as required by the New York State Department of Motor Vehicles. You can read more about that from the NY DMV site and download a copy of the form here.
3. Is the other vehicle always at fault in a motorcycle accident?
New York operates on a no-fault system, which means that regardless of who is at fault, you will make a claim through your own insurance company. Because this system is rather complex, Belushin Law Firm recommends that you enlist a Brooklyn personal injury attorney to manage your case for you. You may still be able to take legal action in the form of a lawsuit to hold the other parties responsible.
4. What is needed to prove my claim or lawsuit?
Most motor vehicle accidents, whether involving cars or motorcycles, are the result of some form of negligence. You will need to demonstrate that the other motorist owed you a duty of care and neglected this by causing the accident. In turn, the accident caused you to suffer from injuries. All of these four elements must be in place so that your claim can stand strong.
5. What is New York State’s law regarding helmets?
Head injuries result most often from motorcycle crashes and are also the leading cause of death. All motorcyclists are required by the law to wear a helmet that has been approved by the U.S. Department of Transportation.
6. What are the minimum insurance liability requirements?
New York law requires every motorcyclist to carry a minimum amount of liability insurance, which are 25/50/10.
These are the minimum dollar amounts for the different categories:
- $25, 000 for bodily injury, per person, per accident
- $50, 000 in total bodily injury, per accident
- $10, 000 property damage, per accident
All motorcyclists must also maintain registration on their vehicles every 12 months and possess a Class M or Class MJ license.
7. Should I hire an attorney to help me with my accident case?
Having a lawyer who is experienced in handling motor vehicle accidents, especially motorcycle accidents, can assist you to determine the worthiness of your claim and fight for restitution. You will need the attorney to investigate traffic laws, liability matters, laws regarding vehicle registration, and other specific details to determine how best to proceed with the matter.
For more information or to discuss the specifics of your case, contact Belushin Law Firm today!