How to Build Your Case With a Brooklyn Motorcycle Accident Attorney

A motorcycle on a Brooklyn street is a symbol of freedom and agility. However, this exhilarating experience can turn into a nightmare in an instant.

According to the National Safety Council, there are more than 75,000 injuries related to motorcycle crashes in the United States every year. If you have been involved in a motorcycle crash in Brooklyn, New York, understanding how to build a robust case is paramount to securing the compensation you deserve for your motorcycle injuries and related expenses.

Navigating these legal issues can be overwhelming. That is where a Brooklyn motorcycle accident attorney comes in.

They can deal with insurance companies, medical bills, lost wages, and the sheer physical and emotional toll of your injuries requires more than just hope. This comprehensive guide will walk you through the essential motorcycle accident legal steps involved in building a strong claim.

The Immediate Aftermath: Crucial First Steps

The moments following a motorcycle crash are critical for preserving evidence and protecting your rights. If you are physically able, take the following steps:

1. Ensure Safety First: Move yourself and your motorcycle to a safe location away from traffic, if possible. Activate hazard lights to warn other drivers.
2. Call the Police: Always report the accident to the police, regardless of how minor it may seem. A police report provides an official record of the incident, including the date, time, location, involved parties, and preliminary observations. This report is invaluable for your motorcycle accident claims.
3. Exchange Information: Obtain the names, addresses, phone numbers, driver’s license information, and insurance details of all involved parties.
4. Document the Scene: If you have a phone or camera, take detailed photographs and videos of the accident scene. Capture the positions of the vehicles, any visible damage to all involved vehicles (including your motorcycle), road conditions, traffic signals, and any relevant signage.
5. Gather Witness Information: Obtain the names, addresses, and phone numbers of any witnesses to the accident. Their accounts can provide crucial corroboration of your version of events.
6. Seek Immediate Medical Attention: Even if you do not feel immediate pain, seek medical attention as soon as possible. Many serious motorcycle injuries, such as internal bleeding or head trauma, may not present immediate symptoms. A thorough medical examination will document your injuries and establish a clear link between the motorcycle crash and your physical condition.
7. Do Not Admit Fault: Avoid making any statements that could be construed as admitting fault for the accident, even if you are unsure of the cause. Stick to the facts when speaking with the police, medical personnel, and (later) insurance adjusters.

Understanding Motorcycle Accident Claims in New York

New York operates under a “no-fault” insurance system for car accidents. However, this system has specific implications for motorcycle accident claims. While your own motorcycle insurance may provide some coverage for medical expenses, pursuing a claim against the at-fault party for pain and suffering and other damages often requires meeting certain thresholds of “serious injury.”

A skilled Brooklyn motorcycle accident attorney is crucial in navigating these complexities, determining whether your injuries meet the legal threshold, and building a compelling case against the negligent party. They will understand the nuances of New York’s traffic laws and insurance regulations specific to motorcycle accidents.

Common Causes of Motorcycle Accidents in Brooklyn

Understanding the common causes of motorcycle crashes can shed light on potential avenues for establishing liability:

• Driver Negligence: This is the most frequent cause, including distracted driving (texting, eating), speeding, drunk driving, failure to yield the right-of-way, and aggressive driving.
• Left Turns: Motorcycles are often struck by vehicles making left turns who fail to see or misjudge the motorcycle’s speed and distance.
• Lane Splitting (Often Illegal): While laws vary, unsafe or illegal lane splitting can contribute to accidents.
• Road Hazards: Potholes, uneven pavement, debris, and poorly maintained roads can pose significant dangers to motorcyclists.
• Defective Motorcycle Parts: In some cases, accidents may be caused by defects in the motorcycle itself, leading to product liability claims.

Your attorney will investigate the specific circumstances of your motorcycle crash to determine the underlying cause and identify all potentially liable parties.

The Vital Role of a Brooklyn Motorcycle Accident Attorney

Once you have addressed your immediate medical needs, one of the most crucial steps you can take is to consult with an experienced Brooklyn motorcycle accident attorney. Insurance companies are often focused on minimizing payouts, and navigating the complexities of New York’s personal injury laws can be challenging without legal representation.

A skilled attorney will act as your advocate, protecting your rights and guiding you through the intricate process of building a strong case. Their expertise is invaluable in:

• Investigating the Accident: A lawyer will conduct a thorough, independent investigation of the motorcycle crash, gathering additional evidence that may have been missed at the scene. This may involve reviewing police reports, interviewing witnesses, analyzing accident reconstruction reports, and examining vehicle damage.
• Determining Liability: Establishing fault is paramount in motorcycle accident claims. Your attorney will analyze the evidence to determine who was negligent, leading to the motorcycle crash. Common causes of motorcycle accidents include driver negligence (distraction, speeding, failure to yield), defective motorcycle parts, and dangerous road conditions.
• Gathering and Presenting Evidence: Building a strong case requires compiling compelling evidence to support your claim. This includes:
  • Police reports
  • Witness statements
  • Photographs
  • Videos
  • Medical records
  • Expert testimony (for instance, accident reconstructionists, medical professionals, economists)
  • Documentation of your personal injury expenses
• Calculating Damages: Your attorney will meticulously calculate the full extent of your damages, including:
  • Medical Expenses: Past, present, and future costs associated with your motorcycle injuries. This might include hospital bills, doctor’s visits, physical therapy, medication, and assistive devices.
  • Lost Wages: Income lost due to your inability to work as a result of your injuries. This includes past and future lost earning capacity.
  • Pain and Suffering: Compensation for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by the motorcycle crash and your resulting injuries. Examples include the inability to enjoy activities with friends or family, or post-traumatic stress disorder symptoms associated with the violent crash.
  • Property Damage: Costs to repair or replace your damaged motorcycle and any other personal property.
  • Other Expenses: Out-of-pocket expenses incurred as a direct result of the accident, such as transportation costs for medical appointments.
• Negotiating with Insurance Companies: Insurance adjusters often attempt to settle claims for far less than their true value. Your attorney will act as a buffer, handling all communication with the insurance companies and aggressively negotiating for a fair settlement that fully compensates you for your personal injury expenses.
• Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, your attorney will prepare and file a lawsuit on your behalf, initiating the formal legal process.
• Representing You in Court: If your case proceeds to trial, your attorney will represent you effectively in court, presenting evidence, examining witnesses, and arguing your case before a judge and jury.

Filing a Claim and Negotiation

Once you and your attorney agree that a claim can be brought, the process of satisfying it begins. This entails several steps.

Demand Letter

This begins with your attorney sending a demand letter to the at-fault party’s (defendant’s) insurance company. The letter outlines the facts of the case, including the evidence supporting your (plaintiff’s) claim. As the name suggests, the letter also makes a demand for compensation.

Negotiation

In the next phase, the insurance company will review your claim and make a reply. Though rare, they could agree to pay the amount specified in the demand letter. In most cases, they will begin a negotiation process by offering a lower amount.

The negotiation process can involve multiple rounds of offers and counter-offers. If both parties agree on an amount, then the claim is satisfied, and the lawsuit concludes. If a settlement is reached, in most cases, the plaintiff cannot pursue further legal recourse.

Legal Process

If both sides fail to reach an agreement, then your attorney will likely decide to file a personal injury lawsuit. This too entails several distinct steps.

Filing a Lawsuit

The first step involves filing a lawsuit in the appropriate jurisdiction (usually where the motorcycle crash happened). Note that this must be done before the statute of limitations (window from when the injury occurred or, in some cases, from when the plaintiff became aware of damages) expires.

Discovery

In the next phase, discovery, attorneys for the plaintiff and defendant exchange information and evidence. Both sides can request documentation from each other and conduct written or oral interviews with witnesses. All this lets each side fully understand the case from the point of view of the other, and offers another opportunity for settlement.

Mediation

Mediation, also called “alternative dispute resolution,” allows some cases to be resolved without going to court. A neutral third party helps both sides sort through evidence and reach a settlement. One motivation for mediation is that it allows both parties to forgo expensive legal fees that a drawn-out court case can result in.

Trial

If a settlement cannot be reached through any of the phases described above, the lawsuit will be settled at trial. (Note that both sides can agree to a settlement during the trial, before it concludes.) The trial itself involves several steps. These include:

1. Jury Selection (Voir Dire): Unless it is a bench trial (decided by a judge alone), the process begins with selecting a fair and impartial jury. Attorneys from both sides question potential jurors to identify any biases or preconceived notions that might affect their judgment. They can dismiss a certain number of jurors for cause (for instance, a clear conflict of interest) and a limited number without cause (called “peremptory challenges”).
2. Opening Statements: Each attorney addresses the jury, providing an overview of their case and what they intend to prove. Opening statements are not considered evidence.
3. Plaintiff’s Case-in-Chief: The plaintiff’s attorney presents evidence to support their claims. This involves calling witnesses (including the plaintiff, eyewitnesses, medical experts, and economic experts) to testify under oath. They also introduce physical evidence such as medical records, police reports, accident scene photos, and other relevant documents. The defense attorney has the opportunity to cross-examine each of the plaintiff’s witnesses to challenge their testimony or credibility.
4. Defendant’s Case-in-Chief: After the plaintiff has presented their case, the defense attorney presents their evidence. This may involve calling their own witnesses to offer a different perspective on the events, challenge the plaintiff’s injuries or damages, or present affirmative defenses. The plaintiff’s attorney can cross-examine the defendant’s witnesses.
5. Rebuttal and Surrebuttal (Optional): The plaintiff may present rebuttal evidence to counter new information or arguments raised by the defense. The defense may then have an opportunity for surrebuttal of that evidence.
6. Motions for a Directed Verdict (Optional): After the plaintiff’s or the defendant’s case-in-chief, the opposing party may ask the judge to rule in their favor because they believe the other side has not presented enough evidence to support their claim or defense.
7. Closing Arguments: Each attorney summarizes the evidence presented and argues why the jury should rule in their client’s favor. Closing arguments are not considered evidence but are intended to persuade the jury based on the evidence presented.
8. Jury Instructions: The judge provides the jury with instructions on the relevant laws and the specific legal standards they must apply to the evidence when reaching a verdict. This includes explaining concepts like negligence, duty of care, causation, and damages.
9. Jury Deliberation: The jury retires to a private room to discuss the evidence and the judge’s instructions. They will attempt to reach a unanimous verdict (in New York, personal injury cases only need a majority of jurors for a verdict).
10. Verdict: Once the jury reaches a decision, they return to the courtroom, and the foreperson announces the verdict. The verdict will state whether the defendant is liable (responsible) for the plaintiff’s injuries and, if so, the amount of damages awarded.

Post-Trial Motions

After the verdict, the losing party may file post-trial motions, such as a motion for a new trial or a motion to set aside the verdict. If no post-trial motions are filed or if they are denied, the judge will enter a final judgment based on the jury’s verdict. The losing party has the right to appeal the judgment to a higher court if they believe there were errors in the trial process or the judge’s legal rulings.

Conclusion: Protecting Your Future After a Motorcycle Accident in Brooklyn

Building a successful motorcycle accident case requires a comprehensive and strategic approach. From the crucial steps taken immediately after the motorcycle crash to the meticulous gathering of evidence and aggressive negotiation with insurance companies, every stage demands careful attention and legal expertise. Enlisting the help of an experienced Brooklyn motorcycle accident attorney significantly increases your chances of securing the full and fair compensation.

Aminov Law Group is a boutique law firm based in New York. We specialize in personal injury law, serving commercial and residential clients in all five boroughs of the city and Long Island. Reach out to us today to discuss your claim.