Motorcycle Accident Lawyer Rockville Centre, NY
If you’ve been hurt in a motorcycle accident, you’re facing challenges that car accident victims don’t encounter. Motorcyclists suffer more severe injuries because there’s no protective shell around them. Insurance adjusters and jurors bring preconceptions about riders being reckless, even when the other driver was clearly at fault. And, New York’s insurance laws treat motorcycles differently than cars.
At Isaacson, Schiowitz & Korson, LLP, we represent motorcyclists injured in accidents throughout Rockville Centre and Nassau County. Our Rockville Centre, NY motorcycle accident lawyer understands the unique legal issues affecting motorcycle injury claims and knows how to counter the biases that riders face. We’ve been handling serious injury cases successfully since 1978.
Why Choose Isaacson, Schiowitz & Korson, LLP for Your Motorcycle Accident Case in Rockville Centre, NY?
Understands How Motorcycle Cases Differ
Motorcycle accident claims present unique challenges that require specific knowledge. Insurance companies treat motorcycle cases differently than car accident cases. They’re quicker to blame riders, quicker to dispute injuries, and quicker to undervalue claims.
We understand the special legal standards for motorcycles in New York and how they affect your case. Motorcycles don’t qualify for no-fault insurance benefits the way cars do, which changes the entire framework of your claim. Lane-splitting rules, helmet laws, and licensing requirements all come into play.
Martin Schiowitz has represented injury victims for over 50 years. He co-founded this firm in 1978 and has handled motorcycle accident cases throughout his career. Martin understands how to present motorcycle cases to juries and how to counter defense arguments that blame riders. He is a member of the New York State Trial Lawyers Association and the New York State Academy of Trial Lawyers. His peers have selected him as a Super Lawyer, a distinction given to the top 5% of attorneys.
Jeremy Schiowitz has litigated complex personal injury cases for over 16 years. He handles the detailed investigation and legal analysis that motorcycle cases require. Jeremy graduated from Brooklyn Law School and holds licenses in New York and New Jersey. The American Institute of Personal Injury Attorneys recognized him as one of the 10 Best Attorneys in New York.
When you need a personal injury attorney in Rockville Centre for a motorcycle crash, understanding rider-specific issues matters.
Proven Track Record in Vehicle Accident Cases
Our firm has recovered millions of dollars for injury victims in motor vehicle accidents. We secured $2.8 million in one case, $2.3 million in another, and multiple additional seven-figure results. Motorcycle accidents often involve severe injuries with substantial case values when liability is established.
Counters Bias Against Motorcyclists
Insurance adjusters and defense attorneys exploit stereotypes about motorcyclists. They suggest riders were speeding, weaving through traffic, or driving recklessly even without evidence. They minimize injuries by implying riders assumed the risk by choosing motorcycles.
We counter these tactics by thoroughly investigating accidents, documenting the other driver’s negligence, and presenting motorcyclists as the responsible individuals they typically are. Many riders have decades of safe riding experience, proper licensing, and advanced training. We make sure that story gets told.
Contingency Fee Representation
We don’t bill you for our services. Our attorney fees are a percentage of your settlement or verdict. If we don’t win your case, you owe us nothing.
What Our Clients Say
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“I cannot say enough about Jeremy!! His patience, kindness and concern was amazing. His attention to detail and communication was top notch! I highly recommend him and he deserves 5 stars!” — Sandra Ferraiola
Read more reviews on our Google Business Profile.
Types of Motorcycle Accident Cases We Handle in Rockville Centre
Motorcycle accidents occur in various scenarios, each presenting different liability questions. We represent riders injured in all types of crashes.
- Left-turn accidents. The most common type of motorcycle accident occurs when a car making a left turn fails to see an oncoming motorcycle and turns into its path. These crashes often cause severe injuries because the motorcycle strikes the turning vehicle at speed.
- Rear-end collisions. Motorcycles stop more quickly than cars, and following drivers sometimes fail to react in time. Rear-end impacts throw riders from their bikes.
- Lane-change accidents. Drivers changing lanes without checking blind spots sideswipe motorcycles. The smaller profile of motorcycles makes them harder to see.
- Intersection accidents. Drivers running red lights and stop signs strike motorcycles crossing intersections. These T-bone style collisions are particularly dangerous for riders.
- Door accidents. In urban areas, parked car occupants opening doors into the path of approaching motorcycles cause serious crashes. Riders have little time to react.
- Road hazard accidents. Potholes, debris, gravel, oil slicks, and other road hazards that cars drive over without issue can cause motorcycles to crash. Municipalities and property owners may be liable for dangerous conditions.
- Truck accidents. Collisions between motorcycles and commercial trucks are frequently fatal due to the extreme size disparity.
- Hit-and-run accidents. Drivers who strike motorcyclists and flee the scene leave injured riders without obvious defendants. Uninsured motorist coverage may provide compensation.
- Defective motorcycle or parts. Manufacturing defects in motorcycles, helmets, tires, or other equipment may give rise to product liability claims against manufacturers.
New York Motorcycle Accident Laws
New York treats motorcycles differently than cars in several important ways. Understanding these distinctions affects your claim.
No-Fault Insurance Does Not Apply
Here’s the critical difference: New York’s no-fault insurance system does not cover motorcycles. Unlike car accidents, where you can recover medical expenses and lost wages through PIP coverage regardless of fault, motorcycle accident victims must pursue claims directly against the at-fault driver from the start.
This means establishing the other driver’s liability becomes essential immediately. Without proving fault, you have no claim for any damages including medical expenses. It also means you can pursue pain and suffering damages without meeting the serious injury threshold that car accident victims must satisfy.
Insurance Requirements for Motorcyclists
New York requires motorcycle owners to carry liability insurance. Under VTL Section 312, minimum coverage includes $25,000/$50,000 for bodily injury liability and $10,000 for property damage. These minimums are inadequate for serious accidents, making uninsured/underinsured motorist coverage critical.
Helmet Laws
New York requires all motorcycle operators and passengers to wear helmets meeting DOT standards. Failure to wear a helmet can affect your claim if defense attorneys argue it contributed to head injuries. However, helmet non-use doesn’t bar recovery entirely under New York’s comparative negligence law.
Comparative Negligence
New York follows comparative fault rules under CPLR Section 1411. Your recovery is reduced by your percentage of fault but not eliminated. Defense attorneys aggressively argue that motorcyclists contributed to accidents through speeding, lane positioning, or other conduct.
Statute of Limitations
The statute of limitations is three years under CPLR Section 214. However, prompt investigation is important to preserve evidence and witness recollections.
What Damages Are Recoverable in Rockville Centre Motorcycle Accident Cases
Motorcycle accidents cause severe injuries that justify substantial compensation. If you’ve been hurt, you may be entitled to recover damages in several categories.
Medical Expenses
You may recover compensation for all medical treatment related to your injuries, including emergency care, hospitalization, surgery, rehabilitation, physical therapy, prescription medications, prosthetics, and adaptive equipment. Motorcycle injuries frequently require multiple surgeries and extended rehabilitation. Future medical expenses for permanent injuries are also compensable. Understanding what happens when medical bills exceed your settlement helps you plan.
Lost Wages and Earning Capacity
You may recover compensation for income lost during your recovery and, if your injuries cause permanent limitations, for reduced future earning capacity. A motorcycle accident that prevents return to a physically demanding occupation has different damages than one causing temporary disability.
Pain and Suffering
You may recover compensation for physical pain, emotional distress, disfigurement, loss of enjoyment of life, and other non-economic harms. Calculating pain and suffering value in New York involves analysis of injury severity and impact on daily life. Because motorcyclists can pursue pain and suffering without meeting the serious injury threshold, these damages are available in virtually all motorcycle accident cases.
Wrongful Death
When motorcycle accidents prove fatal, surviving family members may have wrongful death claims. Motorcycle fatalities are tragically common given riders’ vulnerability.
Common Motorcycle Accident Injuries
Motorcyclists lack the protective shell that car occupants have. When crashes occur, injuries tend to be severe.
Traumatic brain injuries. Even with helmets, the forces in motorcycle accidents cause head trauma. TBIs affect cognitive function, memory, personality, and ability to work. Understanding what to expect with brain injuries helps victims and families prepare.
Spinal cord injuries. Being thrown from a motorcycle or impacting vehicles and pavement damages spinal cords. Paralysis, either partial or complete, changes lives permanently.
Road rash. Sliding across pavement removes layers of skin, sometimes down to muscle and bone. Severe road rash requires skin grafts and causes permanent scarring.
Fractures. Broken legs, arms, collarbones, ribs, and pelvises are common in motorcycle crashes. Compound fractures require surgical repair with hardware. Rib fracture compensation varies based on severity.
Amputation. Crush injuries in motorcycle accidents sometimes require amputation of legs, feet, arms, or hands. These catastrophic injuries permanently affect mobility and earning capacity.
Internal injuries. Blunt force trauma damages internal organs. Internal bleeding may not be immediately apparent.
Facial injuries and disfigurement. Impacts cause facial fractures, dental damage, and scarring. Full-face helmets provide protection, but many riders wear open-face or half helmets.
Steps to Take After a Motorcycle Accident in Rockville Centre
Your actions after a motorcycle accident significantly affect your ability to recover compensation.
Call 911 and report the accident. Police documentation is essential for motorcycle accidents. The report identifies the at-fault driver and often includes witness statements and the officer’s observations.
Seek immediate medical attention. Adrenaline masks pain, and serious injuries don’t always show immediate symptoms. Get evaluated even if you feel okay. Medical records from the day of the accident connect your injuries to the crash.
Document everything. Photograph vehicle damage, your motorcycle, road conditions, traffic signs, your injuries, and your damaged riding gear. This evidence may disappear once the scene is cleared.
Preserve your gear. Your helmet, jacket, gloves, and boots are evidence. Damage patterns on gear can help reconstruct the accident. Don’t repair or dispose of equipment.
Get witness information. Witnesses who saw the other driver’s conduct are invaluable. Get names and phone numbers while at the scene.
Don’t admit fault. Even expressing sympathy can be twisted into an admission. Let the investigation determine fault.
Don’t give statements to the other driver’s insurance company. They’re looking for statements to use against you. Be aware of insurance adjuster tactics designed to minimize your claim.
Contact a motorcycle accident attorney promptly. Hiring an attorney early protects your rights and ensures evidence is preserved.
Motorcycle Accident Statistics
Motorcycle riding carries inherent risks that statistics reflect clearly.
According to the National Highway Traffic Safety Administration, motorcyclists are approximately 29 times more likely to die in a crash per mile traveled than passenger car occupants. In a recent year, over 5,900 motorcyclists died in crashes nationally.
The Insurance Institute for Highway Safety reports that motorcyclist deaths have increased substantially over the past two decades. Larger motorcycles with more powerful engines contribute to the increase.
According to NHTSA data, approximately 40% of motorcycle fatalities in single-vehicle crashes involve alcohol. However, in multi-vehicle crashes, car drivers bear fault more often than motorcyclists.
New York sees significant motorcycle activity during riding season from spring through fall. Nassau County roads including Sunrise Highway, Merrick Road, and local routes see substantial motorcycle traffic on pleasant weather days.
Rockville Centre Motorcycle Accident Lawyer FAQs
Can I recover damages if I wasn’t wearing a helmet?
Yes. Not having worn a helmet may reduce your recovery if it contributed to head injuries, but it doesn’t bar your claim. New York’s comparative negligence law still allows recovery.
How is a motorcycle accident claim different from a car accident claim?
No-fault insurance doesn’t apply to motorcycles, meaning you must prove the other driver’s fault to recover anything. You can pursue pain and suffering without meeting the serious injury threshold. Insurance companies are also more aggressive in blaming motorcyclists.
What if the other driver says they didn’t see me?
Failure to see a motorcycle is not a defense. Drivers have a duty to look carefully before turning, changing lanes, or entering intersections. “I didn’t see him” is an admission of negligence, not an excuse.
How long do I have to file a motorcycle accident lawsuit?
Three years under New York’s statute of limitations. However, prompt action preserves evidence and witness testimony.
What if the other driver was uninsured?
Your own uninsured motorist coverage may provide compensation. This is why adequate UM coverage is essential for motorcyclists.
Can I sue if road conditions caused my crash?
Municipalities and property owners may be liable for dangerous road conditions. However, claims against government entities have special rules including 90-day notice requirements.
How much is my motorcycle accident case worth?
Case value depends on injury severity, medical expenses, lost income, and permanent limitations. Motorcycle injuries tend to be severe, often resulting in higher case values. Looking at typical settlement amounts provides context.
What if I was lane splitting when the accident occurred?
Lane splitting is illegal in New York. If you were lane splitting, comparative negligence may reduce your recovery. However, it doesn’t necessarily bar your claim if the other driver was also negligent.
Should I accept the insurance company’s settlement offer?
Not without legal advice. Initial offers are typically low. We evaluate whether offers reflect your actual damages before recommending acceptance. Know what happens when you reject an offer.
Will my case go to trial?
Most cases settle. However, insurance companies sometimes refuse reasonable offers, and we’re prepared to try your case. Understanding what to expect during a civil case helps you prepare.
Do you handle motorcycle accident cases outside Rockville Centre?
Yes. We represent motorcyclists throughout Nassau County, Long Island, and New York City.
What should I bring to the consultation?
Police report, photos, medical records, insurance information, and information about your riding experience and training. Don’t wait until you have everything
Dangerous Roads for Motorcycles Near Rockville Centre
Certain roads present elevated risks for motorcyclists due to traffic patterns and road conditions.
Sunrise Highway carries high-speed traffic and sees significant motorcycle activity. The mix of through traffic and local access creates intersection hazards.
Merrick Road runs through commercial areas where vehicles enter and exit parking lots, creating left-turn collision risks.
The Southern State Parkway approaches near Rockville Centre carry fast-moving traffic. Merging areas and lane changes create hazards for motorcycles.
Local residential streets present risks from vehicles backing out of driveways and parked car doors opening.
Local Resources for Rockville Centre Motorcycle Accident Victims
Medical Services:
- Mercy Hospital, Rockville Centre, (516) 705-2525
- Nassau University Medical Center, East Meadow, (516) 572-0123
Law Enforcement:
- Rockville Centre Police Department, (516) 766-1500
- Nassau County Police Department, (516) 573-7000
Government:
- Village of Rockville Centre, (516) 678-9300
- New York State DMV, motorcycle licensing and accident reports
Disclaimer: These resources are provided for informational purposes only. Listing does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.
Contact Isaacson, Schiowitz & Korson, LLP
If you’ve been injured in a motorcycle accident in Rockville Centre, NY, you’re facing unique challenges that require experienced representation. Insurance companies treat motorcyclists differently, and you need an attorney who knows how to counter their tactics.
Our attorneys understand the special rules that apply to motorcycle claims, and we know how to present your case effectively. We’ll evaluate your case, explain your options, and give you an honest assessment. If you proceed, we handle everything on contingency. You pay no attorney fees unless we recover compensation for you.
Contact us today to schedule a free personal injury consultation to discuss your motorcycle accident claim.
