Serving Motorcycle Accident Victims in Buffalo, New York
When you hop on your bike, the last thing you are thinking about is getting hurt. Most motorcycle riders enjoy the freedom and exhilaration that comes with driving on the open road. You can enjoy the Western New York scenery, relish the solitude and breathe the fresh air. However, accidents happen. Motorcycle riding can be very dangerous, as shown by the accident-related injury and fatality statistics.
If you were injured in a motorcycle accident in Buffalo or the surrounding area, the advice and counsel of an experienced motorcycle attorney can be incredibly valuable. The personal injury lawyers at Feroleto Law Firm can help you receive the compensation you deserve. Contact us today at 716-854-0700 for your free consultation.
Motorcycle Accident Facts
The Statistics Are Telling
Motorcycle accidents are, predictably, almost always more dangerous than passenger vehicle accidents as there is nothing to protect the motorcyclist from the impact of the collision. The Insurance Information Institute reports that in 2019, 5,014 motorcyclists died in motorcycle crashes and, in that same year “motorcyclists were nearly 29 times more likely than passenger car occupants to die in a crash per vehicle miles traveled.” However, just because the cyclists are injured more often, this does not mean that they were responsible. At Feroleto Law Firm, we know that a significant number of motorcycle crashes occur because of the negligence and careless actions of others.
In fact, in 42% of motorcycle accidents, the vehicle driver (not the motorcycle operator) is at fault.
This statistic is troublesome. It is generally assumed that motorcyclists themselves are most often at fault for accidents because of the inherent danger of motorcycle riding. But the facts prove that assumption is false. They make it clear that the opposite is, in fact, true. In most cases, the motorcyclists are not at fault.
When you recognize this, it is easy to see the importance of working with an experienced motorcycle accident attorney.
Motorcycle Accident Lawsuits Are Challenging
One of the most unfortunate aspects of motorcycle accidents is that many motorcyclists face an uphill battle if they need to file a lawsuit against a passenger vehicle driver. The reasons for this include the facts that . . .
- Many passenger vehicle drivers will claim they could not see the motorcycle coming, in order to avoid taking responsibility for their negligence.
- Many judges and jury members tend to believe that motorcycle riding is an inherently dangerous pastime and will be naturally biased against the motorcyclist. Regardless of the circumstances, chances are others will initially assume you are at fault for the accident simply because you drive a motorcycle.
- You, the motorcyclist, must prove that the other driver’s negligence caused the motorcycle accident, which can be difficult if there is no hard evidence or witness accounts.
For all of these reasons, and others, if you are a motorcyclist who has been in an accident caused by another driver’s negligence, it is absolutely imperative that you hire a highly experienced motorcycle accident attorney to represent you in court.
Feroleto Law: Experienced Motorcycle Accident Attorneys
With nearly 40 years of experience, the motorcycle accident attorneys at Feroleto Law know how to build a solid case for motorcycle accident victims. We adamantly believe that you must be fairly compensated for your medical bills, current, and future lost wages, pain, and suffering, and any permanent injury or disability incurred in an accident due to negligent driving.
In addition to an in-depth understanding of personal injury law related to automobile accidents in New York, we also recognize the bias many have against motorcycle drivers. We know how to overcome this roadblock and have a proven reputation for success. If you have been injured in an accident that was caused by another driver, we will do everything in our power to see that justice is served on your behalf.
Motorcycle Lawsuits: What Can You Expect?
New York State Motorists: You Are Not Covered Under No-Fault Laws.
Working with a personal injury attorney who specializes in motorcycle accident cases is critical, especially in New York State. You see, motorcycle insurance rules in NY are very specific. Unlike those of other states, they differ greatly from rules regarding automobiles.
First, it is necessary to understand that under New York State’s No-Fault laws, motorcycles are not considered motor vehicles. Thus, if you are involved in an accident while riding your bike, you would be unable to receive benefits designed to compensate for both lost wages and medical costs.
In many cases, this could be financially devastating.
On the other hand, these same laws prevent automobile drivers and passengers from bringing claims for minor injuries. As a motorcycle rider, because this coverage does not apply to you, you can make lesser claims.
If you have been injured in or around Buffalo, NY, in a motorcycle accident, the experienced attorneys at Feroleto Law Firm can help you get compensated for your injuries.
Motorcycle Insurance Coverage in New York
Even though you are not covered under No-Fault Insurance, those who own and drive a motorcycle in New York State must carry insurance. The New York State Division of Motor Vehicles shares the following facts:
- Motorcycles on public roads or highways must be covered by insurance.
- Motorcycle registration is good for one year.
- All motorcycle registrations expire on April 30th.
- You may keep your license plate while you terminate insurance coverage (for example, if you do not ride your bike during the winter months and keep it in storage).
As a motorcycle owner, it is your responsibility to insure your bike according to the law. Legal minimums include:
- Bodily Injury: $25,000 per person/$50,000 total bodily injury (for multiple victims)
- Death: $50,000 per person/$100,00 total death (for multiple fatalities)
- Property Damage: $10,000.
Insurance companies refer to this coverage as 25/50/10. You must recognize that these figures are the legal minimums. Depending upon your personal situation, you may choose to increase your coverage.
Additionally, in New York your name on your bike’s registration must be the same as that on the insurance, and your policy must be purchased from a company licensed in the state.
Damages: What Can You Receive?
If you have been in a motorcycle accident you are likely physically injured and emotionally shaken. These accidents often result in severe issues including broken bones, contusions, and even traumatic brain injury. Vehicular accidents are traumatizing, and when you are riding a motorcycle you have very little protection.
If your accident was caused by the negligence of another person, you may be entitled to a settlement. The losses for which you may receive compensation include, but are not limited to:
- Medical Costs (including emergency treatment, hospitalization, follow-up visits, medication, and physical therapy)
- Property Damage (to your bike)
- Pain and Suffering
- Scarring/Permanent Disability
- Emotional Anguish
- Wrongful Death.
Of course, the settlement will be dependent upon a number of things, including the severity of your injuries (some like back and spine can be extremely serious), the level of your pain and the extent of your property damage. Your Buffalo motorcycle accident lawyer can help you better understand what you can expect to receive.
Frequently Asked Questions About Motorcycle Accident Cases
Feroleto Law Attorney Responds
There seem to be two things most victims of motorcycle accidents have in common: concern for the future and lots and lots of questions. This is not surprising. Accidents are frightening, and they can affect you for the rest of your life. Managing even day-to-day activities in the aftermath can be overwhelming.
While each and every case we handle is unique, some questions seem to be asked again and again. Below we have shared those, along with their answers.
Working with a personal injury attorney, one who specializes in motorcycle accidents, is incredibly valuable. While it may seem as if your insurance company is concerned about your best interests, they are not. Keep in mind that insurance is a business. And, like all businesses, their primary concern is profitability. This means they want to pay as little as possible on each claim. At Feroleto Law, we know this. We are experienced in negotiating with insurance companies and will leverage our knowledge to get you the best possible settlement.
In New York, the insurance coverage laws for motorcycles are quite different than other vehicles. Your attorney must be familiar with these laws in order to provide you accurate advice and counsel. Additionally, prejudice against motorcycle drivers is widespread. The bias is unfair and is prevalent in insurance companies, judges, and juries. They view operators of motorcycles as risk-takers and often incorrectly assume they are at fault for accidents caused by others. Your experienced motorcycle attorney knows how to educate everyone involved using facts and figures. The information they share can have a tremendous impact on the outcome of your case.
New York is a comparative negligence state. This means that compensation is determined based on the degree of fault. If you were found to be 10% responsible for an accident, and the total damages were $100,00, you would be entitled to $90,000. Your attorney can help explain this further and determine whether it would apply to your specific situation.
New York state requires motorcycle riders to wear helmets. If you are in an accident and are injured, not wearing a helmet can help paint you as negligent. That said, you may still be entitled to receive compensation for the injuries you suffered that were not related to the absence of a helmet (like a broken arm or leg). Your experienced motorcycle attorney knows how to handle cases like this and can help guide you through the process.
At Feroleto Law Firm, we are committed to working tirelessly on your behalf. As such, we have a no-fee guarantee. This means that unless we win your case and you are compensated for your losses, you will not pay any legal fees to us.
If your specific question was not addressed above, or if you are looking for more information, contact the motorcycle accident personal injury attorneys at Feroleto Law Firm at 716-854-0700
What To Do After a Motorcycle Accident in Buffalo
Ensure Your Safety and Prepare for the Future
The injuries and trauma that result from motorcycle accidents usually range from serious to life-threatening. You need to act fast and do everything you can to get medical help for yourself and other injured parties. Whether you are a resident or a tourist in the Buffalo area who has been involved in a motorcycle accident, you should follow the steps outlined below:
- Call 911 for an ambulance – Even if you don’t think you’re hurt, it is crucial that you are checked out by a medical professional as soon as possible.
- Obtain as much information about the other party as possible – If you are not too hurt to do so, get the driver’s license number and vehicle and insurance information for every party involved in the car accident.
- Get the contact information for potential witnesses – If witnesses saw the motorcycle accident take place, obtain their contact information and ask them to give a statement to police. Witnesses often play a crucial role in motorcycle accident personal injury lawsuits.
- Take photographs of the accident scene – Use your phone or camera to take pictures of the accident location and all vehicles involved, or ask someone at the scene to do so. Try to capture the vehicle damage and any road signs present or skid marks on the road. Pictures are often presented as evidence in motorcycle accident lawsuits.
- Call an experienced motorcycle accident lawyer – If you have been injured in a motorcycle accident, you will need a motorcycle accident lawyer to organize a thorough investigation and represent you in court. You can reach our motorcycle accident lawyers at 716-854-0700. We don’t charge legal fees unless your case is won in court or settled out of court, so call us as soon as you can.
- Focus on your recovery – The motorcycle accident experts at Feroleto Law will manage the investigation and all the legal action you need to take in the days and weeks following your accident. Your only focus should be recovery.
Contact Feroleto Law Firm Today
If you or a loved one has been the victim of a motorcycle accident in the Niagara or Buffalo, New York, area, you should contact Feroleto Law to schedule a free consultation today. Our motorcycle accident lawyers can determine if you have a solid case and make sure you get the restitution to which you are entitled.
The void between simply filing for damages and actually receiving the compensation you need and deserve can be filled by working with an experienced attorney.
At Feroleto Law Firm, our motorcycle accident lawyer will listen actively and sympathetically to your experience, thoroughly investigate your case, accurately determine past, current, and future expenses related to your accident, and aggressively negotiate a settlement with the insurance company on your behalf. If one cannot be reached, we will represent you in court, managing the entire litigation process, including identifying expert witnesses, filing all requisite paperwork, and gathering important records.
Feroleto Law Firm is the best choice for motorcycle accident attorneys in the Buffalo Niagara Region. Please contact us today to schedule a free case evaluation. We only charge legal fees if your case is won or settled out of court, so please don’t hesitate to contact us today.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]