All accidents on the road have the potential to devastate families and destroy lives. Motorcycle accidents in particular expose riders to additional risks. Motorcycle accidents in Staten Island can leave riders with severe injuries and even cause death. Fortunately, motorcyclists and their families can file lawsuits against those responsible for the accident and recover damages to help pay medical bills, lost wages and other costs.
Much like other motor vehicle accident cases, the likely first step in any motorcycle accident lawsuit is determining who is at fault for the accident. Comparative negligence laws may apportion fault among all the drivers involved in the accident based on how much each individual's negligence contributed to the accident.
One thing that makes motorcycle accident cases different from other accidents is the involvement of helmet laws. Many states have mandatory helmet laws in place to ensure that motorcyclists protect themselves while on the road. Many people believe that not wearing a helmet will bar them from recovering damages in a lawsuit. That is typically not true. You will likely still be able to recover damages even if your state has a mandatory helmet law in place. However, your lack of a helmet may impact the amount of damages that you recover.
If you are involved in an accident, it may be in your best interest to get more information about legal options. Victims may need to make sure to preserve their rights by not admitting fault or signing any forms. Take photos of any injuries or damages to your motorcycle can also be helpful.
Source: FindLaw, "Motorcycle Accident FAQ," accessed on Oct. 26, 2015