Hempstead Motorcycle Accident Lawyer
These victims, much like pedestrian accident victims, are completely exposed to danger in a vehicle collision. Therefore, if the force of a collision propels a victim off a motorcycle, the victim usually sustains serious injuries. The fatality rate for motorcycle riders is about thirty times higher than the vehicle occupant fatality rate.
The compassionate Hempstead motorcycle accident lawyers at the Giuffré Law Offices understand the intense pain and suffering these victims must endure. So, we work hard to obtain the compensation and justice that these victims deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The justice we obtain gives these victims closure and makes it easier for them to move on with their lives.
Establishing Liability
A combination of the police accident report, medical bills, and the victim’s own testimony usually establishes negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. That’s the legal minimum standard for civil claims in New York. However, to obtain maximum compensation, our Hempstead motorcycle accident lawyer must often dig deeper.
Frequently, these traditional sources of evidence are inadequate. The police accident report is a good example. Emergency responders are there to secure the scene and tend to injured parties, not to collect evidence for a future legal claim. As a result, they often overlook key bits of proof. Furthermore, if the victim was seriously injured or killed the police report might only contain the tortfeasor’s (negligent driver’s) side of the story.
Electronic evidence, such as the Event Data Recorder, often fills in the gaps. Much like a commercial jet’s black box flight data recorder, a vehicle’s EDR measures and records information like:
- Steering angle,
- Vehicle speed,
- Engine RPM, and
- Brake application.
This data could be critical to a Hempstead motorcycle crash lawyer. To secure it, an attorney must normally obtain a court order. New York has very strict vehicle information privacy laws.
Gathering evidence is not enough. An attorney must put the bits of evidence together like pieces of a jigsaw puzzle and create a compelling picture for the jury. Only the most experienced lawyers have the diligence to collect the needed evidence and the skills to properly present it.
Common Defenses
Insurance companies often use formal and informal defense to reduce or deny compensation to accident victims.
The motorcycle helmet defense is a good example of a formal defense. New York is one of the few states with a universal motorcycle helmet law. In Nassau County, if the victim wasn’t wearing a helmet, the insurance company can argue for a reduction of damages.
To do so, the insurance company must do more than cite safety statistics. It must prove that the failure to wear a helmet, as opposed to the driver’s negligence, substantially caused the victim’s injuries. That’s not easy to prove.
The motorcycle prejudice is a good example of an informal defense. This idea, which is not as strong as it was in the 1900s, holds that motorcycle riders are reckless thugs. Jurors who have this prejudice are more likely to embrace defenses like the helmet defense.
A Hempstead motorcycle accident attorney must be ready to address the motorcycle prejudice. Usually, accentuating the victim’s positive aspects is the best approach.
Connect with a Diligent Hempstead Motorcycle Accident Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Hempstead, contact the Giuffré Law Offices, P.C. You have a limited amount of time to act.
