Motorcycle Accident Lawyer in White Plains, New York

When a motorcycle accident occurs, the consequences can be severe and life-altering. At Kent Hazzard & Freeman, our dedicated White Plains motorcycle accident team will help you navigate the complex legal process and ensure you receive the compensation you deserve.

Complexity of Motorcycle Accident Claims

Motorcycle accident claims are often complicated and involve multiple parties and complex evidence. These accidents frequently result in serious injuries due to the lack of protection motorcyclists have compared to drivers of other vehicles. Many of these accidents are not the fault of the rider but occur because motorcyclists are difficult to see on the road.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), approximately 4,000 motorcyclists are killed in crashes every year, and 80,000 are injured. Motorcyclists are 34 times more likely to die in motor vehicle accidents and eight times more likely to be injured in these collisions compared to drivers of other vehicles.

Key Takeaways

• – Experienced Representation: Our team at Kent Hazzard & Freeman has successfully handled numerous complex motorcycle accident cases and understands the unique challenges riders face when seeking fair compensation.
• – Thorough Evidence Collection: We take the time to gather and analyze all critical evidence, including police reports, eyewitness recollections, and medical records, to build a strong case that stands up against insurance company biases.
• – Personalized Legal Support: Based in White Plains, we provide accessible, personalized legal representation and are available 24/7 to meet your needs and fight for your rights.

Why You Need a White Plains Motorcycle Accident Lawyer

Motorcyclists are entitled to the same rights as car and truck drivers, but they often face cultural bias and are cheated out of fair settlements. Our team at Kent Hazzard & Freeman is dedicated to combating this bias and ensuring our clients receive the compensation they deserve.

Investigation and Evidence Collection

Kent Hazzard & Freeman will investigate the accident thoroughly, collecting important information such as police reports, eyewitness accounts, and medical records. This ensures that your side of the story is accurately represented and that no inaccurate information from the insurance company is accepted.

The quality of evidence collected after a motorcycle accident has a tremendous impact on the outcome of the claim. Our team will:

• – Review Police Reports: These reports can indicate driver impairment, traffic violations, or other contributing factors to the accident.
• – Gather Eyewitness Statements: Eyewitnesses can provide crucial details about the accident, including the actions of all parties involved.
• – Analyze Medical Records: Medical records are vital for understanding the extent of your injuries and can shed light on the angle of impact and speed of the vehicles involved.
• – Use Accident Reconstructionist: These experts can analyze evidence left at the crash scene, such as skid marks and forensic evidence, to reconstruct the accident and determine liability.

Medical Record Evaluation in Motorcycle Injury Claims

Evaluating medical records is a pivotal aspect of any motorcycle injury claim. At Kent Hazzard & Freeman, our team has established the necessary connections to work with medical experts to ensure a thorough and fair assessment of your medical records. This collaborative effort is vital for presenting your case effectively and securing the maximum compensation you deserve.

Assessing Injury Severity

Detailed medical records are essential for assessing the severity of your injuries. Here are some key components of medical records that help in this assessment:

• – Hospital Admission and Discharge Records: These records provide a comprehensive overview of your initial treatment and the immediate effects of the accident. They include details such as the nature of your injuries, the treatments administered, and your condition upon discharge.
• – Doctor’s Notes and Reports: These documents contain detailed observations from your healthcare providers, including descriptions of your injuries, pain levels, and any immediate treatments provided. They also include follow-up notes that track your progress over time.
• – Diagnostic Imaging: Results from X-rays, MRIs, CT scans, and other diagnostic tests confirm the presence and extent of your injuries. For example, these tests can reveal fractures, internal injuries, or soft tissue damage.
• – Treatment Records: Detailed accounts of all medical treatments, including surgeries, physical therapy sessions, medication prescriptions, and any other medical interventions. These records highlight the necessity and extent of the medical care required due to your injuries.

By analyzing these records, medical experts can provide a clear and objective account of the severity of your injuries. This documentation helps to establish the full nature and extent of your injuries, which is crucial for determining the amount of compensation you are entitled to.

Identifying Long-Term Needs

Medical records are also critical for identifying your long-term medical needs and associated costs. Here’s how this is achieved:

• – Future Medical Prognosis: Medical experts can review your records to predict future medical needs and costs. This includes any ongoing care, future surgeries, or rehabilitation that may be necessary. By understanding these long-term needs, we can ensure that you receive compensation for all anticipated medical expenses.
• – Chronic Conditions and Complications: If your injuries have resulted in chronic conditions or ongoing complications, medical records will document these. For instance, if you have suffered spinal cord injuries or brain injuries, the records will show the extent of these injuries, and the ongoing care required.
• – Rehabilitation Plans: A comprehensive rehabilitation plan is often part of your medical records. This plan outlines the necessary steps for your recovery, including physical therapy, occupational therapy, and any other interventions. By reviewing these plans, we can ensure that all aspects of your recovery are considered when calculating compensation.

By predicting and accounting for these long-term needs, we can ensure that you receive fair and adequate compensation to cover all future medical costs.

Linking Injuries to the Accident

Establishing a clear link between the accident and your injuries is essential for proving your case. Here’s how medical records help in this regard:

• – Initial Medical Evaluation: The initial medical evaluation immediately following the accident helps establish that the injuries were a direct result of the incident. This evaluation documents the immediate effects of the injury, including visible injuries, pain levels, and any immediate treatments provided.
• – Consistent Medical History: Continuous and consistent medical records show that the injuries were not pre-existing and are directly attributable to the accident. Any gaps or inconsistencies in the records can be addressed by us to ensure a strong case.
• Diagnostic Tests and Expert Opinions: Results from diagnostic tests and expert opinions from medical professionals provide concrete evidence of the injuries and their direct link to the accident. These tests and opinions validate the necessity of treatments and the impact of the injuries on your life.

By correlating the medical records with other evidence, such as police reports and witness statements, we can create a comprehensive picture of the accident and its effects. This helps to establish a clear and undeniable link between the accident and your injuries, which is crucial for proving your case and securing the compensation you deserve.

Guidance Through the Legal Process

We understand that navigating the legal process after a motorcycle accident can be overwhelming. Our team will guide you through every step, providing clear and simple communication so you never feel in the dark. We will fight for your rights and ensure that you receive the maximum compensation possible.

Our team will handle all communication with the insurance company, including negotiations, to ensure you receive fair compensation. If a fair settlement is not possible, our experienced trial team will zealously fight for your rights in court.

Common Causes of Motorcycle Accidents

Motorcycle accidents can occur due to a variety of factors, many of which are beyond the control of the motorcyclist. Here are some of the most common causes:

• – Motorist Error: A car turning left in front of a motorcycle or changing lanes into the motorcycle’s path is a common cause of accidents. Drivers often fail to see motorcyclists due to their small size or judge their speed incorrectly.
• – Tailgating: Following a motorcycle too closely can lead to severe accidents. The lack of protection for motorcyclists makes them particularly vulnerable to tailgating incidents.
• – Poor Road Conditions: Hazards like potholes, loose gravel, and uneven lanes can pose significant risks to motorcyclists. These conditions can cause a motorcycle to lose control or crash.
• – Defective Motorcycle Parts: If an accident is caused by a defect in the motorcycle, you may have a product liability claim against the manufacturer. Defects in parts such as brakes, tires, or gas tanks can lead to serious accidents.
• – Driving Under the Influence: Accidents involving intoxicated drivers can be particularly catastrophic for motorcyclists due to the lack of protection. Alcohol impairs every essential function needed to safely operate a motor vehicle, leading to catastrophic accidents.
• – Speeding: Close to half of all motorcycle accidents involving a single motorcycle are caused by speeding. Motorcycles are extremely powerful given their weight, which commonly promotes speeding.
• – Lane Splitting: While illegal in New York, lane splitting can still occur and is a common cause of motorcycle accidents. The proximity of cars and motorcycles, the reduction of space for motorcycles to maneuver, and the unpredictability of cars can all contribute to these accidents.

Compensation for Motorcycle Accident Injuries

If you are injured in a motorcycle accident, you may be entitled to compensation for various damages, including:

• – Medical Expenses: Coverage for all medical bills and ongoing treatment. This includes immediate medical bills as well as future costs for medical care.
• – Lost Wages: Compensation for wages lost due to the accident. This can also include a loss of earning capacity if your injuries prevent you from returning to your previous job or earning potential.
• – Pain and Suffering: Damages for the physical and emotional pain endured. This is a critical component of compensation as it acknowledges the non-monetary suffering you have experienced.
• – Property Damage: Reimbursement for damage to your motorcycle. This includes the cost of repairs or replacement if the motorcycle is totaled.
• – Disability and Disfigurement: Compensation for any permanent disabilities or disfigurements resulting from the accident. This can include lifelong care and rehabilitation costs.

New York State Laws and Motorcycle Accidents

Under New York State law, motorcyclists are not considered “covered persons” under the No-Fault Law. This means that if a motorcyclist is injured in an accident, they cannot recover medical expenses or lose wages from their own insurance company. However, they can file a claim against the at-fault driver even for injuries that are considered minor and would not otherwise pass the “serious injury” threshold in a motor vehicle accident.

Frequently Asked Questions

What if the Driver Who Hit Me Isn’t Insured?

If you were hit by an uninsured driver, you may still be able to secure compensation through your uninsured motorist (UM) insurance policy or by filing a third-party claim. Here are the steps you can take:

• – File a UM Claim: If you have UM coverage, you can file a claim under this policy to cover your losses.
• – File a Third-Party Claim: You may be able to file a claim against another party involved in the accident, such as a bike manufacturer or a government agency responsible for road maintenance.

What if My Losses Exceed the At-Fault Driver’s Insurance Coverage?

If your total losses exceed the at-fault driver’s insurance coverage, you have several options:

• – File an Underinsured Motorist Claim: If the at-fault driver’s insurance coverage is insufficient, you may be able to file an underinsured motorist claim to cover the excess losses.
• – Pursue Third-Party Claims: Depending on the circumstances, you may be able to file claims against other parties such as bike manufacturers, car manufacturers, or government agencies.
• – Sue the At-Fault Driver Directly: In some cases, it may be worthwhile to sue the at-fault driver directly to recover your losses over their policy limit.

What if the Driver Who Hit Me Fled the Scene?

If the driver who hit you fled the scene, the situation is similar to being hit by an uninsured driver. Here are your options:

• – File a UM Claim: You can file a claim under your uninsured motorist policy.
• – File Third-Party Claims: You may be able to file claims against other parties such as bike manufacturers or government agencies.
• – Attempt to Track Down the Hit-and-Run Driver: We can help collect evidence and attempt to track down the hit-and-run driver to pursue a traditional fault-based insurance claim.

How Long Will It Take to Get an Insurance Check?

The time it takes to receive an insurance check varies. While we understand the urgency, it’s crucial to ensure you receive just compensation for your losses. Rushing the process can result in leaving money on the table. Our team will work diligently to ensure you receive the maximum compensation possible, even if it takes time.

What if the Insurance Companies Say I Caused the Accident?

Insurance companies often try to shift the blame. Kent Hazzard and team are experienced in handling such tactics and will work to prove your claim for damages. If the insurance company alleges that you contributed to the accident, our team will gather evidence to refute these claims and ensure you receive the compensation you deserve.

How Can I Ensure I Receive Full Compensation for My Future Medical Bills and Lost Wages?

Recovering compensation for your future losses is one of the most important aspects of a motorcycle accident claim. We will work with you, your doctors, and our trusted experts to ensure we seek full compensation on your behalf. This includes:

• – Future Medical Needs: Predicting and compensating for future medical treatment needs.
• – Lost Wages and Earning Capacity: Ensuring you receive compensation for wages lost and any reduction in your earning capacity due to the accident.

Determining Liability in a Motorcycle Accident

Determining liability in a motorcycle accident is crucial for securing compensation. Here are some key considerations:

• – Negligence: If one party is found to have acted negligently and that negligence contributed to the accident, they may be liable. This could include actions such as speeding, failure to yield, distracted driving, or other violations of traffic laws.
• – Vehicle Defects: If the accident resulted from a defect in the motorcycle or another vehicle involved, the manufacturer or entity responsible for maintenance may be liable.
• – Road Conditions: Poor road conditions, inadequate signage, or construction hazards can contribute to accidents. If the accident occurred due to these factors, the government agency responsible for maintaining the road may be partially or entirely liable.
• – Third-Party Liability: In some cases, liability may extend to a third party. For example, if an intoxicated driver caused an accident, a third party such as a bar or establishment that served them alcohol could be liable.

Gathering the Right Evidence Is Crucial After a Motorcycle Accident

A motorcycle accident attorney will have the ability to obtain valuable evidence from various sources. Here are some methods we use to gather evidence:

• – Accident Reconstruction: We work with accident reconstructionists to analyze evidence left at the crash scene, such as skid marks, paint streaks, and forensic evidence.
• – Cell Phone Records: We review cell phone records to show if a driver was distracted at the time of the accident.
• – Police Reports: We analyze police reports from the accident, which can indicate driver impairment or other contributing factors.
• – Eyewitness Statements: We document eyewitness statements and potentially call them to testify.
• – Medical Records: We review medical records, which can show the extent of your injuries and shed light on the angle of impact and speed of the vehicles involved.

Recoverable Damages in a Motorcycle Crash Case

Calculating the total damages for a motorcycle crash case is one of the most important tasks your lawyer will perform. Here are examples of potentially recoverable damage:

• – Medical Expenses: Past and future medical costs, including surgeries, rehabilitation, and ongoing care.
• – Lost Wages: Wages lost due to the accident, as well as loss of earning capacity.
• – Pain and Suffering: Damages for physical and emotional pain endured.
• – Property Damage: Reimbursement for damage to your motorcycle.
• – Disability and Disfigurement: Compensation for any permanent disabilities or disfigurements.
• – Mental Anguish: Compensation for emotional distress and mental health impacts.
• – Punitive Damages: In some cases, punitive damages may be awarded to punish the at-fault party for their negligence.

Common Motorcycle Accident Injuries

Motorcycle accidents can result in a variety of severe injuries, including:

• – Brain Injuries: Accidents involving head and brain injuries can have devastating consequences. Brain injuries can range from concussions to permanent brain damage and can be severe, debilitating, and sometimes fatal. Riders must protect themselves as much as possible and wear a DOT or SNELL-approved helmet.
• – Back and Spinal Cord Injuries: Injuries like fractured vertebrae, bulging discs, and severed spinal cords can all take place in a motorcycle accident. These injuries require surgeries, and expensive rehabilitation, and can leave a person paralyzed for the rest of their life.
• – Broken Bones: Broken bones are frequent in motorcycle accidents. Unlike passengers in motor vehicles, motorcyclists have no outer shell to stop them from flying through the air during an accident. Serious bone breaks can cause permanent nerve damage, require surgery, and often require extensive rehabilitation.
• – Road Rash: Road rash is the most common injury that motorcyclists sustain in accidents. Depending on the speed at which the rider is traveling and how much protective gear is being worn, road rash can range from mild to severe. A medical professional should treat Road rash injuries immediately to avoid infection. Serious road rashes may require surgery depending on the amount of damage that is caused to the muscle tissue.

By leveraging the expertise and dedication of our team at Kent Hazzard & Freeman, you can ensure that your rights are protected and that you receive the maximum compensation possible for your injuries. Contact us today to take the first step towards justice and recovery.

Contact Our Motorcycle Accident Team

At Kent Hazzard & Freeman, we are committed to advocating for the rights of motorcycle accident victims. If you or a loved one has been injured in a motorcycle accident in Westchester County or anywhere in New York, contact us today for a free initial case evaluation. Our team will take your motorcycle accident seriously and work diligently to ensure you obtain the compensation you deserve.

Call us at (914) 948-4700 or complete our online form to schedule a consultation. Our motorcycle accident team is here to support you and fight for your rights.