What to Do if Your Motorcycle Is Hit by a Truck?

what to do after a motorcycle accident in New York

Were you struck by a negligent truck driver while riding your motorcycle? Immediately, report the accident to the police, seek medical attention, and document everything at the scene of the accident. Also make sure to collect contact and insurance information of the at-fault party(s).

At Uptown Injury Law, PLLC, we deeply understand the severe physical, emotional, and financial toll such accidents may have. Truck-motorcycle accidents often cause serious injuries and vehicle damage, leading to higher medical bills, lost wages, and motorcycle repair costs. 

If you’ve been a victim of someone else’s negligence, reach out to our New York motorcycle accident lawyers at 917-540-8728 for a free case review. We’ll help you in filing a motorcycle accident claim and recover the compensation you deserve. 

What Steps To Take after a Motorcycle Accident?

After a motorcycle accident immediate steps to protect your health as well as your legal rights. You need to prioritize your safety, call 911, gather information from involved parties, document the scene, seek medical attention, and contact a lawyer. 

Read below to learn why each step plays a crucial role in making or breaking your motorcycle accident claim:

Step 1: Seek Immediate Medical Evaluation

After a motorcycle crash, prioritize your health by visiting the emergency room or getting a checkup from your family doctor. This step is crucial for your well-being and for documenting your personal injury claim.

Furthermore, medical records will provide concrete evidence of your injuries if the truck driver or at-fault party disputes liability. These records will also document any ongoing treatments necessary for your recovery, such as physical therapy and rehabilitation services.

Step 2: Report to Law Enforcement Quickly

After a motorcycle accident, contact law enforcement authorities immediately. The responding police officer will compile an accident report, including details like vehicles involved, weather, and road conditions. This official documentation is critical for determining fault.

Additionally, note the officers’ badge numbers as they arrive. This step can facilitate access to the police report later.

Important: Remain at the accident scene, as leaving may jeopardize your rights and ability to claim compensation. When speaking with officers, provide facts without speculating about the cause or your liability.

Step 3: Photograph All Aspects of the Incident

Use your mobile phone camera to take pictures immediately. Capture the following:

  • Your visible injuries
  • Any potholes, skid marks, or debris on the road
  • Damage to your vehicle and the other driver’s vehicle
  • Other evidence of the crash

These photographs will strengthen your claim and prove the at-fault party’s negligence.

Step 4: Promptly Alert Your Insurance Provider

After ensuring your safety and reporting to law enforcement, inform your insurance company about the accident. Notifying your insurance provider speeds up the claim process and ensures you receive necessary financial support promptly.

However, if you fail to report immediately, it may delay your claim and reduce your chances of receiving full compensation.

Step 5: Consult a Motorcycle Accident Lawyer

Consult a specialized attorney to maximize your chances of recovering all potential losses after a motorcycle accident. An experienced lawyer can effectively argue and negotiate your case. Therefore, hire a lawyer with a proven history of securing substantial compensation for motorcycle crashes. Their expertise can significantly impact your case’s outcome.

If you’re seeking top-notch representation, consult our motorcycle accident attorneys at Uptown Injury Law, PLLC. With over 15 years of dedicated experience, our legal team is committed to helping you win your motorcycle accident case successfully.

Common Causes of Motorcycle-Truck Crashes

Collisions between trucks and motorcycles occur for various reasons, often with devastating consequences. This is because motorcycles are harder to see on the road, and trucks have significantly larger blind spots. These blind spots can cause a truck driver to overlook a motorcyclist, resulting in dangerous lane changes and, in the worst cases, fatal crashes.

Here are common truck driver errors that cause motorcycle accidents:

  • Driving while fatigued and not alert
  • Driving too fast for current road conditions
  • Using a mobile phone or other distractions while driving
  • Overlooking blind spots before changing lanes
  • Driving intoxicated
  • Losing control of the truck

When truck drivers make these negligent mistakes, the consequences can be life-altering for motorcyclists and their families. If you have been in a motorcycle collision, consult with our seasoned personal injury lawyer today for FREE. We’re available 24/7 to assist you.

Typical Injuries Resulting From a Truck-Motorcycle Accident

A truck-motorcycle accident can cause catastrophic, even fatal, injuries. Typically, they include the following:

  • Traumatic Brain Injury (TBI)
  • Neck, back, and spinal injuries
  • Concussion
  • Internal bleeding
  • Organ damage
  • Broken bones
  • Road rash and lacerations
  • Burns
  • Paralysis
  • Blindness

Who Is at Fault When a Truck Collides With Your Motorcycle?

The truck driver is at fault in most motorcycle-truck accidents. However, other parties, such as the trucking company, another motorist, or municipal authorities, can also be responsible. These third parties may be partly or entirely liable. For instance, if a defective part on your motorcycle or the truck caused the accident, the manufacturer could be 100% at fault.

In complicated cases, these parties might shift the blame onto you for traffic rule violations, such as not wearing a helmet or having broken brake lights.

If you’re facing liability issues after your motorcycle accident, seek guidance from our motorcycle accident attorneys at Uptown Injury Law, PLLC. Our experienced team will prove the liability of at-fault parties by:

  • Examining the truck’s mechanical condition and maintenance status, checking for recalls, malfunctions, or unaddressed repair issues that could indicate negligence.
  • Analyzing the truck’s load and weight, as well as loading practices.
  • Reviewing the driver’s logbook for compliance with regulations and investigating any medical issues. Also, checking for intoxication, drug use, and previous safety violations or accidents.
  • Scrutinizing the trucking company’s hiring and training practices to uncover any lapses in safety protocols.

Contact us today for a FREE consultation or visit our office at 2417 3rd Ave., Suite 505, The Bruckner Building, Bronx, New York 10451.

Which Damages Can You Receive in a Motorcycle Accident Claim?

Through a motorcycle accident claim, you can claim compensation for the following economic and non-economic damages:

  • Current and future medical bills
  • Current and future lost wages
  • Pain and suffering
  • Property damage
  • Rehabilitation costs
  • Loss of enjoyment
  • Permanent disability
  • Punitive damages for the negligence of the at-fault party
  • Wrongful death

What Should You Not Do After Being Involved in a Motorcycle Crash?

After a motorcycle crash, avoid admitting fault anywhere, including on social media, as this can harm your claim. When answering the police officer’s questions, stick to the facts without over-explaining or implying fault.

Additionally, do not accept the initial settlement offer from the insurance company without a lawyer. Insurance adjusters often minimize payouts by offering quick settlements or shifting some blame onto you. So, be aware of their tactics and seek fair compensation that covers all your losses adequately.

Following these guidelines will help protect your rights and strengthen your case. For expert guidance, contact our seasoned personal injury attorneys at Uptown Injury Law, PLLC.

How Much Does a Motorcycle Accident Attorney Cost?

Motorcycle accident attorneys typically charge no upfront fee. Instead, they take a percentage of your settlement or jury award as their fee. This is known as a contingency fee. On average, the contingency fee ranges from 33.3% (one-third) to 40%.

For example, if your settlement is $100,000, the attorney’s fee at 33.3% would be $33,300, and at 40%, it would be $40,000. Additionally, you only pay if you win your case, else you won’t owe your attorney any fees. 

Recover Your Motorcycle Accident Damages With Uptown Injury Law, PLLC

Don’t shoulder the burden of an accident you didn’t cause. If you’re in New York, hire an experienced motorcycle injury lawyer from Uptown Injury Law, PLLC—at no risk to you.

Why Choose Us?

  • 15+ years of experience and successfully secured multi-million dollar settlements for personal injury victims.
  • Recognized as Top 40 Under 40 National Trial Lawyers and Top 100 Personal Injury Attorneys in the U.S.
  • No fee unless you win—our commitment to your case.
  • Free consultation with our expert legal team at your home, our office, or online.
  • 24/7 legal assistance.

Call us at 917-540-8728 or schedule an appointment online for a FREE no-obligation case review. Take the first step towards recovery today.

FAQs

What if I’m Partially at Fault for My Motorcycle Collision?

Even if you’re partially at fault for your motorcycle accident, you may still be eligible for compensation. New York follows a comparative negligence rule, allowing you to recover damages proportional to your percentage of fault.

Contact us today at 917-540-8728 and let our motorcycle accident lawyers at Uptown Injury Law, PLLC, defend your rights against motorcycle accident liability issues. 

What Should I Look for in a Motorcycle Accident Attorney?

When selecting a motorcycle accident attorney, prioritize their experience, track record, communication skills, and specialization in motorcycle accidents. Choose a lawyer known for obtaining significant settlements for injured motorcyclists. 

Additionally, confirm whether the lawyer works on a contingency fee basis, so you only pay if you win. At Uptown Injury Law, PLLC, we fulfill all these criteria and more. Reach out to us today at 917-540-8728 to schedule your complimentary consultation.

Does a Motorcycle Accident Claim Pay More Than a Car Accident Claim?

Yes, motorcycle accident claims often result in higher payouts than car accident claims due to the severity of injuries. As a motorcyclist, you’re more vulnerable and likely to suffer significant harm if hit by a car or truck. You might get severely injured and sustain extensive medical expenses, longer recovery times, and pain and suffering. 

However, each case is unique, and your compensation will depend on various factors, such as your liability, damages, and insurance coverage.

Can Family Members Pursue a Wrongful Death Lawsuit After a Fatal Motorcycle Accident?

Yes, you can pursue a wrongful death lawsuit if you have lost a family member in a fatal motorcycle accident. In New York, eligible family members like spouses, parents, and children can seek compensation for their loss.

This includes compensation for damages such as funeral costs, medical expenses, lost income, and emotional suffering.

Does a Motorcycle Rider Receive Personal Injury Protection Insurance?

No, as a motorcyclist, you are not eligible for Personal Injury Protection (PIP) insurance in New York. PIP policy is typically available after car or other vehicle accidents. Instead, you must rely on your health insurance and, if applicable, the at-fault driver’s liability insurance to cover medical expenses and other damages.

To explore your legal options for fair compensation, consult an experienced motorcycle injury lawyer at Uptown Injury Law, PLLC.

What Damages Will My Own Insurance Company Cover After My Motorcycle Crash?

Your health insurance policy typically covers medical expenses, such as emergency care, hospital stays, and rehabilitation costs after a motorcycle crash. However, it does not cover lost income, motorcycle repairs, or pain and suffering after an accident.

For detailed coverage information and to ensure you receive full benefits, consult our experienced attorneys at Uptown Injury Law, PLLC.

How Long Do I Have to File a Motorcycle Crash Claim?

In New York, the statute of limitations for filing a motorcycle crash claim is typically three years from the accident date. However, some exceptions can alter this timeframe. Thus, act quickly to preserve evidence and ensure your claim is initiated within the legal deadline.

What Should I Do if the Insurance Company Denies My Motorcycle Accident Claim?

Don’t lose hope if the insurance company denies your motorcycle accident claim. First, request a detailed explanation for the denial. Then, gather any additional evidence or documentation that supports your insurance claim. Finally, consider consulting with a knowledgeable motorcycle accident attorney who can challenge the insurance claim denial. 

At Uptown Injury Law, PLLC, our attorneys are experienced in skillfully negotiating with insurance companies and will fight to secure your rightful compensation. Contact us at 917-540-8728 for a free consultation to discuss your options.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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