A serious motorcycle accident can leave a rider facing catastrophic injuries, overwhelming medical bills, and long term disruption to daily life. When you are injured in a motorcycle crash caused by another driver’s negligence, the physical recovery is only one part of the challenge. You may also be dealing with lost wages, ongoing medical treatment, and aggressive insurance companies. If you or a loved one has been injured in a motorcycle accident in Depew or elsewhere in Western New York, speaking with a Depew motorcycle accident lawyer can help you understand your legal rights and your legal options under New York law.

Brown Chiari LLP is a law firm serving clients throughout Erie County and Western New York. Our legal team includes experienced Buffalo motorcycle accident attorneys and Buffalo motorcycle accident lawyers who focus on representing motorcycle accident victims in complex personal injury cases. We offer a free consultation and free case evaluation so you can speak directly with a motorcycle accident attorney about your situation.

Motorcycle Accident Law in New York

Motorcycle accident cases are governed by New York personal injury law. To succeed in personal injury claims arising from a motorcycle accident, an attorney must prove that another party’s negligence caused the crash and the resulting injuries.

Unlike a car accident involving a standard motor vehicle, a motorcycle accident is treated differently under New York’s no fault system. Under Insurance Law § 5102(f), motorcycles are excluded from the definition of “motor vehicle” for no fault purposes. This means motorcycle accident victims are not entitled to personal injury protection benefits for medical expenses and lost wages. Instead, injured parties must pursue compensation directly from the liable parties and their insurance coverage.

This distinction makes it especially important to consult an experienced motorcycle accident attorney after a Buffalo motorcycle accident or a crash in Depew.

Common Causes of a Motorcycle Accident

A motorcycle accident often occurs because drivers of a motor vehicle fail to see a motorcycle rider or fail to respect the rider’s right of way. Distracted driving, unsafe lane changes, speeding, and failure to yield are frequent contributors to a motorcycle accident in Erie County and throughout Western New York.

In many motorcycle accident cases, the other driver claims the rider was at fault. New York follows a pure comparative negligence rule under CPLR § 1411. This means an injured person may still recover compensation even if partially at fault, although the recovery is reduced by their percentage of fault. Insurance companies frequently attempt to shift blame to motorcycle accident victims, which is why strong legal representation is critical.

Serious and Catastrophic Injuries in Motorcycle Accidents

Because a motorcycle rider lacks the structural protection of a passenger vehicle, a motorcycle accident often results in catastrophic injuries and other devastating injuries. Motorcycle accident victims may suffer traumatic brain injuries, spinal cord damage, fractures, internal injuries, and severe road rash.

Many motorcycle accident victims require immediate medical attention at the scene of the accident and extensive medical treatment afterward. Catastrophic injuries may require ongoing medical care and future medical care, significantly increasing medical expenses and medical bills. These injuries can permanently affect a person’s ability to work, resulting in lost wages and long term financial losses.

Our Buffalo motorcycle accident attorneys work with medical professionals to obtain medical records and clearly document both economic damages and non economic damages. Economic damages may include medical expenses, lost wages, and other measurable financial losses. Non economic damages address pain and suffering and the impact of the accident on your daily life.

Building Strong Motorcycle Accident Claims

Motorcycle accident cases require careful investigation. Our legal team gathers witness statements, reviews police reports, and evaluates all important details surrounding the accident. In some cases, experts are retained to analyze how the accident occurred and identify all liable parties.

Responsible parties may include the other driver, a vehicle manufacturer, or a municipality responsible for unsafe road conditions. When a motorcycle accident involves a roadway defect, strict municipal rules apply. Under General Municipal Law § 50-e, a Notice of Claim generally must be filed within 90 days. A lawsuit against a municipality typically must be filed within one year and ninety days under § 50-i.

For most personal injury cases involving a motorcycle accident in New York, the statute of limitations is three years from the date of the accident under CPLR § 214(5). However, if a motorcycle accident results in death, a wrongful death claim must generally be filed within two years under EPTL § 5-4.1. These deadlines are strictly enforced, and failure to comply can bar recovery.

Insurance Companies and Settlement Negotiations

After a Buffalo motorcycle accident or a crash in Depew, insurance companies often move quickly to protect their interests. Insurance companies may question the severity of injuries, challenge medical treatment, or argue that the motorcycle rider was responsible for the accident.

Our motorcycle accident lawyers handle settlement negotiations directly with insurance companies and pursue full compensation for our clients. We understand how insurers evaluate claims and how to present medical records and other evidence effectively. If a fair resolution cannot be reached, we are prepared to proceed through the legal process and file a lawsuit when necessary.

Workers Compensation and Motorcycle Accidents

In limited situations, workers compensation benefits may apply if the motorcycle rider was acting within the scope of employment at the time of the accident and qualifies as an employee under Workers Compensation Law § 10. These cases can be legally complex and may involve both a workers compensation claim and a separate personal injury claim against negligent third parties.

An experienced motorcycle accident attorney can evaluate whether multiple avenues of compensation are available.

Why Choose Brown Chiari LLP

Brown Chiari LLP is a law firm dedicated to helping accident victims and personal injury victims throughout Erie County and Western New York. Our legal team includes Buffalo motorcycle accident attorneys and Buffalo motorcycle accident lawyers with extensive experience handling motorcycle accident cases.

We provide dedicated representation and personal care to every client. Our attorneys understand the unique challenges faced by injured people and their loved ones after a serious motorcycle accident. We are committed to protecting your legal rights and guiding you through complex legal matters with clarity and professionalism.

Our accident lawyer and motorcycle accident lawyer team works on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. We are focused on achieving successful outcomes and securing fair compensation and full compensation for our clients.

Take Action Today with Brown Chiari LLP

Learn more about how a Depew motorcycle accident lawyer can help you pursue compensation after a motorcycle accident. Call Brown Chiari LLP at 716 681 7190 to schedule your free consultation and free case evaluation. Our legal team is ready to provide the legal help you need to protect your rights and move forward.