A car making a left turn at the intersection of 162nd Avenue and Cross Bay Boulevard in Howard Beach was struck by a motorcycle, killing the motorcycle operator. The passenger on the motorcycle was seriously injured.

Apparently, the rear passenger side door of the car was struck by the motorcycle. The insurance company will likely, and wrongly, claim that it was the fault of the motorcyclist because the point of impact was towards the rear of the car on the rear passenger side door.

Insurance companies often raise two arguments:

1. The point of impact was towards the rear of the car, indicating that the motorcyclist was at fault. Find out why it’s the driver’s fault when a motorcycle hits the rear of the car.
2. The motorcycle struck the car. Find out why it doesn’t matter if the motorcycle struck the car.

qns.com reported:

According to authorities, two men, ages 33 and 28, were riding a 2017 red Jiang motorcycle southbound on Cross Bay Boulevard when the vehicle struck the rear passenger’s side door of a 2007 BMW as that vehicle attempted to turn left from the northbound boulevard lanes to 162nd Street westbound.

…the 33-year-old man — identified as Elvin Veras-Polanco of Brooklyn, who operated the motorcycle — was pronounced dead, while the 28-year-old man was listed in critical condition.

On every left turn case where the car was struck towards the rear of the car, we always get an argument from the insurance company that our client was at fault or partially at fault. With death or serious injuries like those reported in this article, the insurance company will likely offer to pay the entire insurance policy but will still argue that the motorcyclist was at fault.

When the insurance company pays the entire insurance policy, they are paying the entire portion of the bodily injury liability policy. They will likely refuse to pay 100% of the damage to the motorcycle. Additionally, their refusal to admit 100% fault for the accident can result in insurance premium increases for the motorcyclist when the motorcyclist is fortunate enough to survive.

We have been successful many times and proving that the driver of the car was 100% at fault for causing the motorcycle accident. In fact, we obtained a court ruling that the driver was 100% at fault when the motorcycle struck the driver’s side of the rear bumper of the car, which made a left turn in front of the motorcycle.

Because our client’s motorcycle struck the rear of the car, making a left turn, the insurance company offered to pay only $50,000 for our client’s serious injury. After obtaining the court ruling, the insurance company increased its offer to $100,000. After a trial, the jury awarded a verdict in the amount of $425,000.

When you have a motorcycle accident, do you need a general lawyer, a personal injury lawyer, or do you need a motorcycle accident lawyer? Does it matter if the lawyer is experienced with motorcycle accidents?

• General practice lawyers represent clients for all kinds of matters like personal injury, criminal,  divorce, real estate, and more.
• Personal injury lawyers represent clients who have been injured in an accident.
• A small number of personal injury lawyers represent motorcyclists injured in motorcycle accidents.
• Very few lawyers that are willing to represent a motorcyclist have our experience with motorcycle accident cases.

You know we’re New York’s motorcycle accident lawyers because we created the motorcycle awareness campaign, you know!

Do you need a motorcycle accident lawyer who knows how to deal with your medical bills and treatment?

Immediately after the accident, motorcyclists have to deal with the confusing issue of who will pay the medical bills. Even hospitals, doctors, and lawyers often get this wrong. When the wrong insurance company is billed you can become responsible for the medical bills.

Many personal injury lawyers do not know you aren’t entitled to No-Fault or how your medical bills will be paid!

Motorcyclists do not get New York No-Fault insurance which pays for medical bills and lost wages in a car accident.

If you don’t have health insurance coverage, you won’t be able to find doctors to treat you. You’ll need a motorcycle accident lawyer who can get doctors to treat you on a lien (when the doctor agrees to get paid at the end of your case).

Although the money to pay your medical bills comes out of your settlement, it increases your settlement by the same amount because, in a motorcycle accident in New York, the defendant is responsible to pay for your medical bills.

A motorcycle accident lawyer who deals with this regularly has the ability to get the medical treatment you’ll need, such as orthopedic surgery, therapy, plastic surgery, and dental treatment, without you having to pay for it upfront.

When Donna had a motorcycle accident causing dental damage, we sent her to a prosthodontist and got her teeth fixed. See her new house she bought when we settled her case.

A motorcycle lawyer knows the serious injury threshold for cars does not apply to motorcycles

To receive money for pain and suffering, motorcyclists are not required to prove they have a serious injury that is required for the occupant of a car. This is an important benefit to motorcyclists because it is very complicated and difficult to prove, even if you had surgery. Lawyers who are not experienced with motorcycle accidents are often unaware of this.

Many lawyers do not know you don’t need to prove you have a serious injury! I even got a call from a lawyer at a very large law firm you’ve seen advertising on TV for motorcycle accidents. He asked me if I could give him a motion to prove their client had a serious injury in one of their motorcycle accident cases. I had to tell him there was no requirement for a serious injury. We also received other calls from lawyers asking for advice about motorcycle accident cases.

When you’re injured in a motorcycle accident, you can get money no matter how minor your injury is, even if you only had a scratch.

We know how to prove your motorcycle accident wasn’t your fault!

Determining and proving liability (who’s at fault) in a motorcycle accident is different than a car accident. There are some laws that provide a benefit to motorcyclists and help prove the driver of the car was at fault.

Motorcycle accidents are almost always caused because the driver didn’t see the motorcycle. Understanding why the driver didn’t see you helps to prove the driver is at fault for causing your motorcycle accident. Understanding other aspects, such as why a motorcycle cannot stop as fast as a car is also important to prove the driver is at fault.

Which personal injury lawyers handle motorcycle accidents?

Very few personal injury lawyers are experienced with motorcycle accidents. Many lawyers don’t even want motorcycle accidents. We do!

We have been advertising for motorcycle accidents in FullThrottle NY/NE Magazine since the magazine started, and for several years were the only motorcycle accident lawyers in the magazine. So call the best motorcycle accident lawyers in New York for a free consultation.

Why you should contact a lawyer immediately after your accident

You’ll be better off when contacting a motorcycle accident lawyer as soon as possible. What you say will likely be misunderstood from the moment police arrive and take your statement; EMS, nurses, and doctors ask you what happened; to telephone conversations with insurance representatives who are trained to ruin your case.

Do you need a motorcycle accident lawyer? Call us right now for a free no-obligation consultation.

Have a Question About Why Do You Need a Motorcycle Accident Lawyer? Leave a Comment!

If you didn’t have collision coverage on your motorcycle and someone else is negligent for causing the damage to your motorcycle, file a claim with the other vehicle’s insurance company.

You can file a claim with the other vehicle’s insurance company by calling the other vehicle’s insurance company or sending a letter stating that you are filing a claim. You can enclose a copy of the police report, but you can start the claim with a police report.

Find out how to get a police report in Nassau or Suffolk on Long Island or how to get a police report in New York City.

Note: If you were injured, do not contact the insurance company. Call us or another motorcycle accident lawyer immediately.

What Should I Do if the Insurance Company Won’t Pay My Claim?

If the person responsible for causing the accident doesn’t have collision coverage or their insurance company will not pay your claim, you will need to file a lawsuit.

What Court Do I File a Lawsuit In for Motorcycle Damage?

If you didn’t have collision coverage on your motorcycle, you can file a lawsuit in Small Claims Court If the damage is less than the small claims court limit or if you are willing to accept the amount limited in Small Claims Court.

In New York, the limit to the amount you can sue for motorcycle damage in Small Claims Court is $5,000 in Nassau and Suffolk Counties. In New York City, you can sue for up to $10,000 in NYC Small Claims Court.

Guide to Small Claims Court in New York City, Nassau County, and Suffolk County

Guide to Small Claims in Other New York State City, Town, and Village Courts

What Should I Do if the Damage to My Motorcycle is Much More Than Smail Claims Will Allow?

If your damage is much more than what the Small Claims Court allows, then you can file a lawsuit in the next higher court.

The next higher court is the District Court in most areas of New York, including Nassau and Suffolk Counties on Long Island. In New York City, the next higher court is the Civil Court.

The highest court in New York State is the NYS Supreme Court, where you can sue for any amount.

Go to the higher court and ask to see the pro se clerk (pronounced “pro say”) (for people not represented by a lawyer) for help with filing the papers.

How Much Can I Sue for My Damage to My Motorcycle?

If you were not injured and want to file a lawsuit only for damage to your motorcycle because you did not have collision coverage, you can file a lawsuit for:

• up to $5,000 in Small Claims Court
• up to $15,000 in District Court in Suffolk or Nassau County
• up to $25,000 in New York City Civil Court
• unlimited amount in New York State Supreme Court

These courts have fill-in-the-blank forms for non-lawyers, and a pro se clerk can help you fill them in.

Note: Never file suit in Small Claims Court or any court without a lawyer if you were injured.

How Much Money Can I Sue in Court for Motorcycle Damage?

If you didn’t have collision coverage on your motorcycle and the car’s insurance is willing to pay you for the damage, the car’s insurance company may offer to pay you “book value.”

But what is a book? “Blue Books” are only guides. You do not have to accept what an insurance company says is the “book” value of your motorcycle.

The good news is that insurance companies now usually use an outside company that finds motorcycles for sale and provides an estimate. These estimates are usually fair.

You are entitled to the retail replacement cost of your motorcycle plus sales tax. However, you are only entitled to the money needed to buy the same motorcycle, which means similar mileage, age, condition, etc.

You are not required to replace your motorcycle by purchasing from a private seller. You can buy one from a motorcycle dealer.

Small Claims Court Alternative

If you file a lawsuit in Small Claims Court, both you and the defendant will be contacted by a court TV show. Court TV shows are not really courts but resolve cases by arbitration.

The limit to the amount you can sue for motorcycle damage on a court TV show is usually $5,000.

If you agree to resolve the claim on the TV show, the show will pay an appearance fee and provide paid transportation, including airfare and a limo for both parties to travel to the TV studio.

The best part is that the TV show will pay you the money awarded. This is good because if you sue in Small Claims Court, you may not be able to collect the money awarded.

Can I Get a Free Lawyer for My Motorcycle Damage?

Yes! If you didn’t have collision coverage on your motorcycle the 1-800-HURT-911® New York Motorcycle Accident Lawyers will represent you for your motorcycle damage claim for free when we represent you for your injury!

Who Should I Sue, the Driver or the Insurance Company?

You will file a lawsuit against the driver, registrant, and title owner of the vehicle. You do not name the other vehicle’s insurance company in the lawsuit.

In a Small Claims Court lawsuit for damage to your motorcycle, it is usually sufficient to file a lawsuit against the driver and registrant of the vehicle.

Why Shouldn’t I Sue the Insurance Company?

The lawsuit cannot name the insurance company as a defendant because the insurance company didn’t cause your accident and doesn’t own the vehicle.

The insurance company only indemnifies their insured. This means that the insurance company agreed to pay for claims against the person you are suing. The insurance company also provides an attorney at their expense to defend the lawsuit.

Don’t Want to Sue Your Friend for Your Motorcycle Damage?

See Small Claims Alternative above.

Who Do You Need to Sue for an Injury?

In a lawsuit for personal injuries, it is extremely important to name every possible defendant. There are several reasons, one of which is to make sure that every available insurance policy is available to pay for your injury.

A personal injury lawsuit should name as defendants the:

• Drivers of all vehicle
• Registrants of all vehicles
• Title owner of all vehicles, and
• Any named insured on all insurance policies.

It is possible for the same person to be the driver, registrant, title owner, and insured, but there could be several people and/or companies.

John Doe could be the driver of a car registered to his wife, Jane Doe, which is owned by her father, Joseph Rowe, whose name is on the title and whose wife, Josephine Rowe, is listed as an insured on the policy. There could be one or more insurance policies insuring this car. It’s important to search for all insurance policies.

Related Articles

Can I Keep a Totaled Motorcycle?

Is Collision Coverage Worth Buying for a Motorcycle?

If you need to file a lawsuit for injuries caused by a motorcycle accident, you should always call us, the New York motorcycle accident lawyers, immediately.

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Motorcyclists are always getting blamed by insurance companies, so here are two situations where they may blame you no matter what you do, but the law is on your side.

In the usual motorcycle accident where a car is making a left turn and crossing your path in front of you, does it matter if you lay your bike down to avoid the accident or if you try to avoid the accident in another way?

We had a case in LI, New York, where a motorcyclist put his bike down to avoid hitting a car pulling out of a driveway in front of him. The insurance company refused to pay, arguing that the motorcyclist put his bike down for no reason other than he was unnecessarily afraid. The insurance company also claimed that the car was stopped before the accident, remained stopped at all times, and there was no contact.

That argument was unsuccessful, and the driver was found to be 80% at fault. The motorcyclist was 20% at fault because it was found that he could have taken evasive action earlier than he did, not because he put his bike down.

In an accident where the motorcyclist kept going straight and was hit by a car making a left turn, the insurance company argued the reverse. The argument was that the motorcyclist should have laid down his motorcycle to avoid the accident.

In that case, the Appellate Division of the New York Supreme Court ruled against the argument, but only because there was no evidence to support the argument that the motorcyclist should have put his bike down.

That could leave open the possibility of an accident reconstruction expert providing the evidence to claim that laying the motorcycle down would have avoided the accident. However, I can’t believe a court would ever rule that a motorcyclist could be negligent in choosing how to be injured.

In summary, it shouldn’t matter in your case whether you put your motorcycle down without hitting the car or if you hit the car because you didn’t put your motorcycle down.

If you had a motorcycle accident in New York, whether you put your motorcycle down or not, and whether or not there was contact with the car, please call us immediately.

Most people are familiar with signing a release for liability, also called a liability waiver, when participating in various recreational activities such as skydiving. Before being allowed to participate, an employee requires you to sign a release in case you’re injured because of their negligence. Sometimes, the release is on the back of your admission ticket.

People usually believe they can’t file a lawsuit because they signed a waiver of liability, but that’s usually not true. In fact, that’s the reason for the release, to make you think you can’t have a lawsuit. Most lawyers are aware that these releases have no legal significance and will be happy to represent you if you are injured.

One of our clients was injured at the bottom of a toboggan run In New York. His admission lift ticket had a release for liability. He was an engineer and easily identified the negligent design he was staring at when he was injured.

New York State General Obligations Law § 5–326 prohibits an owner or operator of a recreational facility from enforcing a release given by someone who has paid for the use of the facility.  This is why we were able to represent that client.

However, these releases are sometimes enforceable. For instance, when the activity is instructional rather than recreational such as a motorcycle school. Just a few years ago, this issue was decided in a case against a motorcycle school in Queens, New York (Boateng v Motorcycle Safety School, Inc. 51 A.D.3d 702, 858 N.Y.S.2d 312, 2008 N.Y. Slip Op. 04455).

The motorcyclist signed up for a two-day rider training course at a motorcycle school. On the second day, it was raining, and you guessed it, there was a motorcycle accident. The motorcyclist filed a personal injury lawsuit after being injured in the accident because she was not trained for riding in the rain. The motorcyclist claimed that the motorcycle school was negligent in proceeding without giving proper training and instruction on how to ride a motorcycle in the rain.

The New York State Supreme Court held that the release was not valid and allowed the case against the motorcycle school to go forward, but the decision was appealed by the motorcycle school to the Appellate Division of the New York State Supreme Court.

The Appellate Division of the New York State Supreme Court reversed the decision of the Supreme Court and held that the release was valid because the motorcyclist participated in a course of instruction provided by the motorcycle school and was not participating in recreational activity.

The Appellate Division also ruled that the release was clear in stating that the motorcyclist was aware of the risks and assumed the risks associated with participating in the motorcycle riding course. Since the release was ruled to be valid, so was the assumption of risk.

Consequently, the lawsuit was dismissed, and the rider was not able to be compensated for the injury.

If you are ever injured and think you don’t have a case or cannot file a lawsuit, always speak with a lawyer to make sure.  We always provide a free consultation.

If you’re a motorcycle school on Long Island or in New York and would like a free consultation, please call Attorneys Phil Franckel and Rob Plevy at 1-800-HURT-911.

May is Motorcycle Safety and Awareness Month, so we’re hanging billboards at Costco stores.

NY Governor Andrew M. Cuomo proclaimed May as Motorcycle Safety and Awareness Month in the State of New York. The proclamation speaks to motorcyclists’ awareness of safety and drivers’ awareness of motorcycles.

The proclamation states, “WHEREAS, Each year, motorcycle riders are killed by drivers who do not see them; greater public awareness must be achieved in an effort to reduce the numbers of fatalities;”

According to the National Highway Traffic Safety Administration, from 2011 to 2012, there was an increase of 7 percent in motorcyclists killed and a 15 percent increase in motorcyclists injured.

Most of these accidents happen because drivers just never see the motorcyclist. ABATE is doing a great job of placing motorcycle awareness signs on the roads, but everyone needs to get involved.

We’ve been helping raise awareness of motorcycles on the road with our campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®. Every year, we give out lawn signs, bumper stickers, magnetic bumper stickers, and large magnetic car signs.

Look for our motorcycle awareness billboards at LI Costco stores in May. BE AWARE MOTORCYCLES ARE EVERYWHERE®, and the 1-800-HURT-911 logo gets nearly 1 million views on our billboards at Costco warehouse stores in Suffolk and Nassau every May.

How is a Motorcycle Accident Verdict Amount Decided For a Partial Leg Amputation?

This jury verdict was in a rural area, and a motorcycle accident lawyer in New York would get a much higher verdict than in a rural area. But this case involving a partial leg amputation is a good example to show various factors considered by a jury. See how much a leg amputation is worth in New York.

A motorcyclist in a head-on collision with a pickup truck was awarded a total of $6,338,491 when he suffered the amputation of his leg below the knee, multiple fractures, implanted hardware, reflex sympathetic dystrophy (complex regional pain syndrome), and post-concussion syndrome.

How was this amount determined? The following itemization is illustrative of how a verdict for injuries is rendered. In this case, although the defendant claimed that the motorcyclist was 100% at fault, the motorcyclist was found to be only 15% at fault, and the total amount awarded was reduced by 15%.

$589,480 Past Medical Cost
$1,846,780 Future Medical Cost
$107,232 Past Lost Earnings
$362,499 Future Lost Earnings Capability
$1,250,000 Past Pain And Suffering
$2,182,500 Future Pain And Suffering

Total Award $6,338,491
Total Award less 15% = $5,387,717.35 net award to the motorcyclist

A famous case, although not a motorcycle accident, is also an interesting example of how a verdict can be reduced. That is the McDonald’s hot coffee lawsuit.

Most everyone has been courteous and waved on a car in traffic. Unfortunately, sometimes courtesy can cause an accident, and you can be found at fault for waving on a car.

For instance, the driver of a car in the right lane of a street may waive on a car coming out of a parking lot or cross-street without thinking about traffic coming up from behind in the left lane.  The car coming out of the cross street may proceed without seeing another car coming from behind the courteous driver in the left lane, but not seeing a motorcycle is even more of a possibility.

A similar incident (not in New York) was responsible for the death of a motorcycle sheriff’s deputy who was escorting a float in a parade. The motorcycle deputy was moving up along the left side of the float to block the intersection. Just then, the driver of a truck pulling the float waved on a car, signaling that she could proceed to make a left turn in front of him. The car drove around the float and ran head-on into the motorcycle deputy, killing him.

Although it was alleged that the motorcycle deputy was at fault, the jury found that the courteous truck driver pulling the float was 95% at fault, and the driver of the car was 5% at fault for causing the accident.

The sheriff’s deputy was an experienced motorcyclist, being an 11-year veteran of the motorcycle unit. This type of accident is extremely difficult to avoid because you may not be able to see that a courteous driver is motioning to another car.

If you see the car to your right slow down or stop when another car is on the right, it would be appropriate to be cautious. A driver who is being waved on will likely have his or her vision partially blocked by the courteous car. Everyone knows that car drivers often don’t see motorcycles. This is one of the times when you probably will not be seen.

Next time you’re feeling courteous, think twice about whether traffic coming from behind you could be at risk because of your action. It could be a fellow motorcyclist.

Jerad M. Zarnoch sustained very serious injuries when he was struck by a motorcycle that was parked on the sidewalk in front of The Varick Bar and Grill.

Mr. Zarnoch was standing on the sidewalk when Jeffrey J. Williams got on his motorcycle and accidentally pinned Mr. Zarnoch against the building.

He Parked His Motorcycle on the Sidewalk in Front of the Bar

Williams apparently decided on his own to park his motorcycle on the sidewalk in front of the bar. No one from The Varick Bar and Grill ever told Williams to park his motorcycle on the sidewalk, and the bar did not have the authority to allow customers to park on the sidewalk.

The Motorcycle Insurance Policy Was Not Enough

Unfortunately, as with many motorcycle accidents, the motorcycle insurance policy was small and not enough to compensate for the serious injury. But bars usually have a lot of insurance.

He Sued the Motorcycle Bar

The best way to sue the bar would be to allege the bar served the motorcyclist too much alcohol, but apparently, there was no evidence that the bar served the motorcyclist too much alcohol or even that the motorcyclist was drunk.

Mr. Zarnoch sued Mr. Williams.  But, looking for additional insurance coverage, he also sued The Varick Bar and Grill, alleging that the bar should also be responsible for his injuries because of the special use doctrine.

Does the Special Use Doctrine Apply to Motorcycles Parked on Sidewalks in Front of Bars?

The special use doctrine is a legal principle that transfers the duty to keep public sidewalks in a reasonably safe condition from the municipality to the landowner when permission has been given, by a municipal authority, to the landowner to interfere with a street solely for private use in a way that is not connected with the public use.

In other words, if The Varick Bar and Grill had a permit from the municipality allowing it to use the sidewalk for parking motorcycles, the bar would become responsible for maintaining the sidewalk in a reasonably safe condition. However, The Varick Bar and Grill did not have authority from the municipality to use the sidewalk for its own private parking lot.

The Supreme Court of the State of New York agreed that the bar owed a duty to Mr. Zarnoch to keep the “sidewalk motorcycle parking lot” safe, and a jury awarded Mr. Zarnoch $850,000, substantially more money than the motorcycle insurance policy.

However, the bar appealed the New York Supreme Court (trial court) decision. The Appellate Division of the Supreme Court reversed the trial court decision and dismissed the lawsuit against the bar.

The Appellate Division ruled that the special use doctrine does not apply because there was no defective condition in the sidewalk that caused the accident, and the bar did not have a permit or authority to utilize the sidewalk as a motorcycle parking lot.

Without the municipal authority to use the sidewalk for parking motorcycles, The Appellate Division said that the bar “had no duty to maintain, repair, supervise or control the sidewalk with respect to vehicles parked on it. Plaintiff’s (Mr. Zarnoch) position on the sidewalk ‘was no different from that of any other passerby’ using the public sidewalk.”

Thus, if The Varick Bar and Grill had a permit allowing motorcycles to be parked on the sidewalk, it would have been liable to maintain the sidewalk in a reasonably safe condition.

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