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  • Writer's pictureAlex Maltese

Smithtown Motorcycle Accident Lawyer

Updated: Apr 1, 2022

If a motorcycle accident has turned your life upside down, a Smithtown motorcycle accident lawyer at The Law Office of Carl Maltese can help you obtain the justice and compensation you deserve. Your odds of success increase when you work with a seasoned personal injury attorney.

Aspects of Motorcycle Crashes

Aspects of Motorcycle Crashes

Motorcyclists in New York face unique safety concerns, as other drivers aren’t always mindful of their presence on the roadway. When accidents with cars or trucks happen, motorcyclists often suffer more severe injuries than those involved in typical car accidents. These can have devastating consequences, including long recovery times, expensive medical bills, and loss of income.

The motorcycle accident lawyer that you choose is a vital part of the legal process surrounding your motorcycle accident. Working with an attorney who is well-versed in motorcycle accidents can be the difference between recovering the financial damages you are owed and walking away empty-handed.

The financial damages that you receive following your motorcycle accident go far beyond your immediate medical needs. A good lawyer can help make sure that you receive funds that will cover medical expenses for any long-term medical needs stemming from your accident, lost wages due to missing work, and much more.

Things to Know About Motorcycle Crashes

Many motorcyclists who’ve been injured in a motorcycle accident incorrectly assume that their insurance company is looking out for their best interests. Sadly, that’s simply not the case.

Insurance companies are not on your side in the days following your motorcycle accident. In all actuality, they are looking for a way to quickly and quietly close out the claim while saving themselves as much money as possible. Deciding to work with a Long Island motorcycle accident lawyer can ensure that you have someone who is watching your back throughout the entire process.

The days, weeks, and months following your accident can be incredibly stressful for you. Not only are you possibly dealing with serious injuries that can render you unable to work, but it’s not uncommon for New York insurance companies to repeatedly call you in an attempt to get you to quickly decide on a settlement.

Giving a Deposition

In all likelihood, you will be asked to give a deposition to the police and also meet with numerous medical professionals. Having a lawyer on your side can ensure that there is someone who is looking out for your best interests as you navigate this incredibly difficult time. Outside of your friends and family, the lawyer that you choose to represent you following your motorcycle accident is one of your only allies during this time. Without the help of an attorney, you may relinquish your chances of recovering adequate compensation for your injuries, medical bills, and lost income.

That’s because insurance companies don’t care about doing what’s fair. They may attempt to lessen their payout by offering a low settlement amount that minimizes the severity of your injuries. They hope that car accident and motorcycle accident victims will accept this low settlement without seeking legal representation, which makes it easier for them to deny their insured driver’s liability for an accident.

How a Motorcycle Accident Lawyer Can Help With Your Personal Injury Claim

Filing a claim after a motorcycle crash in New York State is a lengthy and complex legal process. In an ideal world, you would be able to say that you were injured in a motorcycle accident and the person responsible would have to pay for your injuries. However, that’s not the way things work in reality.

Personal injury claims require several forms that have to be filled out properly, legal documents that have to be filed, and other information that must be provided. To make matters even more stressful, most of these documents and forms have to be filed within a certain number of days following your motorcycle accident, which is especially challenging if you’ve sustained serious motorcycle accident injuries.

Choosing an experienced motorcycle accident attorney in Smithtown who knows the process of filing claims after a motorcycle accident is crucial. This attorney will know exactly how the forms need to be filled out and can help make sure that you receive copies of any medical and police reports that you need to prove your case.

Failure to correctly fill out these forms or to submit them in time may result in your case being thrown out, leaving you in an even worse financial position. That’s why it’s so important to find a Long Island motorcycle accident lawyer who can help guide you through the upcoming legal proceedings of your motorcycle accident case.

When you contact our law firm after an accident, we’ll conduct a meticulous investigation used to help your personal injury case. We hire accident reconstructionists, investigators, and other experts who may help determine fault. We also seek police reports, interview witnesses, and investigate other ways to show liability in your motorcycle crash.

Other Smithtown Practice Areas

Causes of Motorcycle Accidents

With such a large number of motorcycle accidents occurring every year in Long Island, there are certainly a variety of causes for such accidents. However, the causes of motorcycle accidents in Smithtown are often drivers of passenger vehicles turning left directly in front of motorcycle riders without realizing that they are there. In fact, some studies have indicated that 42% of motorcycle accidents nationwide occur because a vehicle making a left-hand turn collides with a motorcycle.

Generally speaking, cars turning left often collide with motorcycles when both vehicles are at an intersection or when the motorcyclist is attempting to pass the car. This is because motorcycles are significantly smaller than a regular vehicle, which means that a driver’s blind spot for motorcycles is significantly larger than their blind spot for other vehicles.

Establishing Fault

Provided that the motorcyclist was not participating in any sort of erratic driving behavior such as lane splitting, speeding, or drunk driving, the driver of the passenger vehicle will almost always be found at fault for colliding with a motorcyclist while making a left turn. However, additional factors can also influence the decision regarding who’s at fault following a motorcycle crash, such as road conditions, right of way, and other common causes of accidents that aren’t within the drivers’ or motorcycle operators’ control, but don’t hesitate to call us for a free consultation if you’re unsure which factors might apply.

Ultimately, the primary job of your attorney is to establish that you were not at fault in your motorcycle accident. The other driver involved in your motorcycle accident will likely deny that he or she was at fault. That driver probably has their own attorney who is coaching them through the process, including telling them to deny any fault. The attorney that you choose will be responsible for proving that the other driver was at fault and that you are an innocent victim who has suffered personal injury and financial loss.

Even though this may be your first motorcycle accident, it probably isn’t the first for your attorney. Finding an attorney who has dealt with motorcycle accidents along with other personal injury practice areas in the past can ensure that you have someone on your side who knows how to prove that the other driver in your accident is at fault. The amount of money that you or your loved one receives in your motorcycle accident case is directly related to establishing fault in the case, so you want to have an attorney in your corner who can do just that.

Call a Smithtown Motorcycle Accident Attorney for a Free Consultation

As a motorcyclist, you should always be aware of the vehicles around you, increasing your awareness when you are passing a vehicle on the left or are near a vehicle at an intersection. However, tragedy can strike at any moment, and some circumstances can’t be avoided when other drivers behave in a reckless or negligent manner.

The statute of limitations for personal injury cases in New York State is three years from the date of the accident. Therefore, if a motorcycle accident has turned your life upside down, don’t delay in seeking guidance from Smithtown’s motorcycle accident lawyers. A Smithtown motorcycle accident lawyer can meet with you in the hospital, at your home, or at our office to discuss your options. We offer free no-obligation consultations and only charge a fee for our services if we successfully recover damages through a fair settlement or trial.


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