Motorcycle Accident Lawyers in Yonkers, NY

The Road to Justice: Building a Strong Motorcycle Accident Case in Yonkers, NY

The aftermath of a motorcycle crash can be a daunting experience. That’s why the team of motorcycle attorneys at Tomkiel & Tomkiel are here to guide you along the road to justice. Our comprehensive, personalized approach ensures that your voice is heard and your rights are protected.

To give you the best chance of success, we’ll meticulously gather evidence, consult with experts, and craft a compelling narrative tailored to your unique situation. Our goal is not just to secure compensation for your injuries and losses, but also to provide you with peace of mind during this challenging time.

With decades of experience in serving Yonkers, our firm has earned a reputation for strategic excellence and unwavering dedication to our clients. We’ll navigate the complexities of the legal process on your behalf, advocating fiercely for your rights every step of the way.

If you’ve been injured in a motorcycle accident in Yonkers, NY, don’t fight this battle alone. Contact Tomkiel & Tomkiel today for a free consultation, and let us help you build a strong case and pursue the compensation you deserve.

From Rear-End Collisions to Head-On Crashes: Our Experience in Handling Motorcycle Crashes 

Motorcycle accidents can happen in many different ways, with each scenario presenting unique challenges for victims. Our experienced lawyers work with a wide range of cases, including:

Rear-End Collisions

Often caused by drivers failing to maintain a safe following distance or being distracted behind the wheel.

Intersection Accidents

Including T-bone collisions and left-turn accidents — common when drivers fail to yield the right-of-way or disregard traffic signals.

Lane-Change Accidents

Usually occur when drivers fail to check their blind spots or signal properly, resulting in motorcyclists being sideswiped or forced off the road.

Single-Vehicle Crashes

Often occur due to road hazards, adverse weather conditions, or mechanical failures — in some cases, single-vehicle crashes may involve liability issues such as defective motorcycle parts or poorly maintained roads.

Head-On Collisions

Among the most severe types of motorcycle accidents, often resulting in catastrophic injuries or fatalities — typically occur when drivers cross the centerline or enter opposing traffic lanes.

No matter what type of crash you were injured in, we have the knowledge and experience to help you at Tomkiel & Tomkiel.

No Upfront Costs: Secure Your Free Consultation for Your Motorcycle Accident Claim

Get started without any financial burden. Our free consultation comes with no upfront costs or obligations, and we only get paid if we win your case, so contact us today to discuss your legal options.

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Common Injuries After Motorcycle Collisions

The repercussions of a motorcycle collision can include a host of physical and emotional trauma. Here’s a glimpse into the range of injuries typically experienced:

Fractures

Bones can sustain fractures or breaks due to the significant force of impact during a motorcycle accident.

Head Injuries

Traumatic brain injuries, concussions, and other head trauma can result from direct blows or sudden deceleration.

Spinal Injuries

Severe impacts can lead to spinal cord injuries, causing lifelong challenges.

Burns

Exposure to heat, flames, or friction can cause severe burns, resulting in excruciating pain and long-term scarring.

Catastrophic Injuries

Motorcycle accidents can result in catastrophic injuries, such as loss of limbs or severe disfigurement, altering the course of one’s life forever.

Knee Injuries

Knees are vulnerable in motorcycle accidents, often sustaining ligament tears, dislocations, or fractures.

Paralysis

Damage to the spinal cord can lead to paralysis, affecting mobility and independence.

& More

Beyond physical traumas, victims may grapple with emotional scars, including post-traumatic stress disorder, anxiety, and depression.

Can I Get Compensation If a Loved One Died in a Motorcycle Accident?

Losing a loved one in a motorcycle accident is a tragic and emotionally devastating experience. But in many cases, surviving family members may be eligible for various forms of compensation, including:

• Medical expenses
• Funeral and burial costs
• Loss of financial support
• Loss of consortium
• Pain and suffering

At Tomkiel & Tomkiel, we understand the complexities of wrongful death cases and are here to provide guidance and support to families seeking justice. Our compassionate attorneys are dedicated to advocating for the rights of surviving family members and holding negligent parties accountable for their actions.

Exploring the Root Causes: Typical Triggers of Motorcycle Collisions

Understanding the common causes of motorcycle collisions can provide valuable insights and promote awareness. Here are some typical factors contributing to motorcycle collisions:

• Distracted Driving: Drivers distracted by cell phones, navigation systems, or other activities are less likely to notice motorcyclists sharing the road.‍
• Failure to Yield: Drivers failing to yield the right-of-way to motorcycles is a leading cause of accidents.‍
• Lane Splitting: Lane-splitting bikers are vulnerable to collisions if drivers fail to see them.‍
• Unsafe Lane Changes: Drivers making sudden or unsafe lane changes without checking blind spots may collide with motorcycles.‍
• Speeding: Excessive speed reduces a driver's ability to react to unexpected situations, increasing the likelihood of collisions.‍
• Inexperienced Riders: Inexperienced motorcyclists may lack the skills and judgment necessary to navigate traffic safely, increasing their risk of being involved in accidents.‍
• Poor Road Conditions: Hazards such as potholes, uneven pavement, or debris on the road pose significant risks to motorcyclists, leading to loss of control and collisions.‍
• Driver Intoxication: Operating a vehicle under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, significantly increasing the risk of accidents.

By shedding light on these typical causes, we aim to raise awareness and promote safer driving habits among motorists and motorcyclists alike.

If you’ve been injured in a motorcycle collision due to the negligence of another party, don’t hesitate to contact Tomkiel & Tomkiel for experienced legal representation. We’re here to advocate for your rights and help you pursue the compensation you deserve.

Identifying the Party Liable for Your Motorcycle Accident Injuries

Determining liability in motorcycle accident cases is crucial for ensuring that victims receive the compensation they deserve. Here are some key factors to consider when determining liability in motorcycle accident cases:

Negligent Drivers

In many cases, motorcycle accidents are caused by the negligence of other drivers on the road. This can include actions such as speeding, distracted driving, or failing to yield the right-of-way.

Vehicle Manufacturers

In some cases, motorcycle accidents may be caused by defects in the bike itself. If a defective part or design flaw contributed to the accident, the manufacturer may be held liable for resulting injuries.

Road Authorities

Poor road conditions, such as potholes, uneven pavement, or inadequate signage, can also contribute to motorcycle accidents. In such cases, the government agency responsible for maintaining the road may be held liable for injuries caused by their negligence.

Employers

If the at-fault driver was operating a vehicle for work-related purposes at the time of the accident, their employer may be held liable for resulting injuries under the principle of vicarious liability.

Third Parties

In some cases, liability for motorcycle accidents may extend to third parties. This includes individuals like bar or restaurant owners who served alcohol to an intoxicated driver involved in the accident.

Navigating New York’s No-Fault Auto Insurance System

While motorcycles are not covered under no-fault insurance, riders may still encounter this system when dealing with the aftermath of an accident. With that in mind, here’s what you need to know about New York’s no-fault auto insurance system:

Personal Injury Protection (PIP) Coverage

As a motorcyclist, you are not eligible for PIP benefits under your own insurance policy. However, if you were injured in an accident involving another motor vehicle, you may be able to seek PIP benefits from the at-fault driver’s insurance policy.

Legal Assistance

Navigating the complexities of New York’s no-fault auto insurance system after a motorcycle accident can be challenging. Consulting with a motorcycle accident lawyer can help you understand your rights and options for seeking compensation beyond PIP benefits.

Understanding Potential Damages After a Motorcycle Collision

After a motorcycle collision, you may be entitled to various forms of compensation to help cover your losses and expenses, and it’s essential to understand them to ensure you receive fair compensation. 

Here are some types of compensation you may be entitled to after a motorcycle crash:

• Medical Expenses: Including costs related to hospitalization, surgery, medication, rehabilitation, and any other necessary medical treatment.‍
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the income you've lost.‍
• Pain and Suffering: Compensation may be awarded for the physical pain, emotional distress, and mental anguish you've experienced.‍
• Property Damage: You may be compensated for the repair or replacement of your motorcycle and any other personal property damaged in the accident.‍
• Loss of Enjoyment of Life: If your injuries impact your ability to participate in activities and hobbies, you may be entitled to compensation for the loss of enjoyment of life.‍
• Future Medical Expenses: If your injuries require ongoing medical treatment or future care, you may be entitled to compensation for these anticipated expenses.‍
• Loss of Consortium: This refers to the loss of companionship, support, and services of a spouse or family member due to your injuries.‍
• Punitive Damages: In cases of extreme negligence or intentional wrongdoing, punitive damages may be awarded to punish the at-fault party and deter similar conduct in the future.

Because there are so many different kinds of damages you might be eligible for, it’s vital that you work with a reputable motorcycle accident lawyer to identify all potential sources of damages and pursue them effectively.

Time Limits for Filing a Motorcycle Accident Lawsuit in Yonkers, NY

In Yonkers, New York, individuals injured in motorcycle accidents must adhere to a strict deadline (known as the statute of limitations) when filing a lawsuit.

The statute of limitations for motorcycle accident lawsuits in New York is generally three years from the date of the accident. Failing to file within this timeframe may result in the loss of the right to seek compensation for injuries and damages.

However, certain circumstances may extend or shorten the deadline in your case, so consulting with a motorcycle accident lawyer is advisable. Promptly seeking legal guidance from a knowledgeable attorney can help protect your right to seek compensation.

Partial Fault in Motorcycle Accidents: Assessing Your Legal Options 

If you’re partially to blame for your wreck, it doesn’t necessarily preclude you from pursuing compensation. New York follows comparative negligence rules, which means your compensation is reduced by your percentage of fault. So if you were 30% at fault for the incident, your compensation would be reduced by 30%.

This is one reason why it’s so important to work with a motorcycle accident attorney — your lawyer can identify factors that may reduce your fault and maximize your potential compensation. With the right legal support, you can navigate shared fault effectively.

Deciding on Quick Settlement Offers: What You Need to Know

When faced with a quick settlement from an insurance company, you should be wary of lowball offers. Here’s what to consider:

• Assessing Fairness: Quick settlement offers may not fully compensate you for your injuries and damages.
• Seeking Legal Advice: A personal injury attorney can assess the offer's fairness and advise you on your best course of action.
• Negotiating: Settlement offers are often negotiable — an attorney can help negotiate for a higher settlement that better reflects the true extent of your losses.
• Considering Long-Term Consequences: Accepting a lowball offer may limit your ability to seek additional compensation in the future, especially if your injuries worsen over time.
• Protecting Your Rights: Take the time to understand your rights and options, and don't hesitate to advocate for fair compensation for your injuries and damages.

By keeping these factors in mind and working with an attorney, you can make an informed decision about whether to accept a settlement offer.