These claims share similarities, but some key differences exist, especially in terms of the amount of compensation.
Responsibility
Motorcycle and car accident cases, and all other injury cases for that matter, are also based on a simple you break it, you buy it responsibility. If Joe unintentionally dents his neighbor’s car as he drives out of the driveway, Joe should pay compensation. Likewise, if Joe hits his neighbor’s car and hurts his neighbor, Joe should pay compensation.
In a perfect world, Joe would voluntarily accept responsibility for his mistake, and a New York personal injury lawyer wouldn’t need to be involved.
The consequences of a car/motorcycle crash are often much more serious than the consequences of a car/car crash. The motorcycle rider crash fatality rate is thirty times higher than the vehicle occupant crash fatality rate. As a result, the compensation is often different in these cases.
Pre-Filing Procedure
When key issues, such as liability and damages, are undisputed, insurance companies usually must settle cases within a few weeks. But these issues are rarely undisputed, which means the car and motorcycle accident settlement process drags on.
New York is a comparative fault state, a fact that usually complicates settlement negotiations.
Courts must determine and divide responsibility, and therefore damages, between the two parties on a percentage basis (50-50, 60-40, etc.). If a tortfeasor (negligent driver) is only 40 percent responsible for a crash, s/he’s only responsible for 40 percent of the medical bills and other damages in that case.
Post-Filing Procedure
So, to jumpstart a stalled process, a New York personal injury lawyer usually files legal paperwork. Three good things happen when an attorney files a lawsuit.
First, the statute of limitations clock stops running. Usually, the SOL in a personal injury or wrongful death case is two years. Most good lawyers spend several months building strong, evidence-based cases.
Second, the discovery process begins. During this court-supervised information exchange process, both sides must put all their cards face up on the table. So, a New York personal injury lawyer finds out if the insurance company has a winning poker hand or if it was just bluffing.
Third, judges usually appoint mediators in these situations. Mediators ensure that both sides negotiate in good faith.
Compensation Available
This final point highlights the main difference between most car/car crash cases and most car/motorcycle crash cases.
Compensation in a personal injury case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are rare in these cases.
In contrast, punitive damages are more common in fatal motorcycle crash cases, especially if the tortfeasor told a police officer something like “She came out of nowhere” or “I never saw him.” Such statements indicate that the tortfeasor wasn’t being careful and didn’t care that the victim died.
Compensatory damages are different as well. Wrongful death survivors usually receive compensation for pecuniary losses, such as the decedent’s final medical bills, burial expenses, and lost future economic support.
All vehicle collision victims need and deserve substantial compensation. For a free consultation with an experienced personal injury lawyer in New York, contact Napoli Shkolnik. We do not charge upfront legal fees in these matters and only recover a fee when we win the case.